Gross Misconduct?

[Zavia]

2 days before the close of new year, I had a call where the Sales Manager called the customers who were owning past their term dates.... and found out some didn't order nor received any goods.
Quickly, the sales person was called up, goods found and retried from his house. (just a few boxes. 20jt worth of chemicals, from sept onwards)
A quick check with ALL his customers found 6 of them being "phantom orders" and him ultimately confessing to fraud.

On the second day, he was asked to sign a statement letter saying he confesses n he deliberately made fake sales and he acted alone with 2 witnesses. And he also signed a resignation letter with the phrase "bahawa segala kewajiban dari pihak (my company) kepada saya sebagai karyawan telah dipenuhi dan saya tidak mempunyai hak untuk menuntut di kemudian hari" as I requested him to release us from all claims.

So the question I have.... do I have to pay Severance pay (uang pesangon), Long service pay (uang penghargaan masa kerja), Compensation rights pay (uang penggantian hak) or Separation pay (uang pisah)?
Cos its kinda confusing.... so many types of pay.


Based on:
http://www.indonesia-investments.co...ermination-compensation-in-indonesia/item2480

 

[Anglian]

I would think he is lucky he isn't in prison, I sacked to people for gross misconduct the company didn't pay severance, no idea if the company should have, but there was no come back

 

[William King]

I think you do. Manpower will advise. (Better to get him to resign)

ETA - he got him to resign. So I think you are ok.

 

[dafluff]

Technically according to the law, however effed up it may be, you must prove the wrongdoing in a court (PHI - Pengadilan Hubungan Industrial to begin with, but all appeals are possible as in any criminal case). The court will then decide whether there is any severance pay due. The legal standing for this is the fact that the Constitutional Court has nullified Pasal 158 of the Labor Law (UU No. 13 Tahun 2003 tentang Ketenagakerjaan) which allows immediate dismissal in case of gross misconduct. Alternatively the employee may seek mediation through Dept of Manpower.

In practice, now that you have the "resignation" from your employee, the ball is in their court whether they want to pursue this further by engaging the Indonesian legal system.

 

[rugby]

I have seen where the employees are given a paper of termination/resignation acceptance including and stating an offer of sometimes even 1/3rd of their entitled severance and in almost every case it was signed. My understanding is if they sign the termination with the severance offer than it is "fait accompli" and this waives any further mediation or litigation as per the regulation. Please check with a competent HR officer.

 

[Zavia]

Technically according to the law, however effed up it may be, you must prove the wrongdoing in a court (PHI - Pengadilan Hubungan Industrial to begin with, but all appeals are possible as in any criminal case). The court will then decide whether there is any severance pay due. The legal standing for this is the fact that the Constitutional Court has nullified Pasal 158 of the Labor Law (UU No. 13 Tahun 2003 tentang Ketenagakerjaan) which allows immediate dismissal in case of gross misconduct. Alternatively the employee may seek mediation through Dept of Manpower.

In practice, now that you have the "resignation" from your employee, the ball is in their court whether they want to pursue this further by engaging the Indonesian legal system.

Yea, seem thats what I've heard from the indonesian staffs.


Thanks all for the replies.

 

[Anglian]

It's odd, but I suppose in the years I've been working here, I must have seen from the 3 companies I've worked at seven people fired, not one has been to a court, they all received their final months salary and that was that, so if a person is dismissed and the company is taken to court, who pays the legal fees

 

[Zavia]

It's odd, but I suppose in the years I've been working here, I must have seen from the 3 companies I've worked at seven people fired, not one has been to a court, they all received their final months salary and that was that, so if a person is dismissed and the company is taken to court, who pays the legal fees

The company pays if i recall, until the end of the court's decision.