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A dismissal is not automatically unlawful because it seems unfair. The employer must have a legally recognised reason and follow applicable notice, negotiation, and payment requirements. The facts, employment agreement, and documents explaining the decision matter.
In Malang, an employment termination dispute generally starts with direct negotiations between the worker and employer. If they cannot settle, the dispute can be reported to the manpower office responsible for the place where the worker works. Malang City and Malang Regency have separate local administrations, so the correct office depends on the workplace.
If local mediation does not resolve the dispute, a claim may proceed to the Industrial Relations Court at the Surabaya District Court. Keep the dismissal notice, contract, payslips, attendance records, and messages about the decision; they can help establish what happened and what payments may be owed.
Law No. 13 of 2003 on Manpower, as amended by Law No. 6 of 2023. The 2023 law, enacted on 31 March 2023, amended provisions on employment, including termination. The applicable rules depend on the reason for dismissal and the worker’s employment arrangement.
Government Regulation No. 35 of 2021 addresses fixed-term employment agreements, outsourcing, working time, and termination of employment. It sets out termination-related procedures and payments, including rules relevant to fixed-term contracts.
Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes. It provides the route from bipartite negotiations to mediation and, where needed, proceedings in the Industrial Relations Court. It generally allows up to 30 working days for bipartite negotiations and provides for local mediation before court proceedings.
A dismissal may be challenged if the employer lacked a lawful basis, did not follow required procedures, or failed to provide payments required by law. Whether it is unlawful depends on the documents and circumstances, not simply on whether the worker considers it unfair.
Yes. The usual first step is bipartite negotiation between the worker and employer, which may take up to 30 working days. Keep written records of the meetings and any settlement proposal.
After bipartite talks fail, the dispute can generally be registered with the manpower office responsible for the place where you work. Malang City and Malang Regency have different offices, so confirm the correct one for your workplace.
Industrial relations cases from Malang are heard by the Industrial Relations Court at the Surabaya District Court. Local mediation and court proceedings are separate stages.
Bipartite negotiations may take up to 30 working days, and statutory mediation has its own time limit. The full process can take longer if court proceedings are needed, so the outcome and timing depend on the case and the court’s schedule.
A one-year filing limit applies to termination claims under the industrial relations dispute rules. Deadlines can be affected by the circumstances, so seek advice promptly and do not wait for informal discussions to continue indefinitely.
Yes. A fixed-term worker may dispute whether the contract ended lawfully or whether compensation is due. The agreement, its end date, and the reason for early termination are important.
It depends on the actual working relationship, not only the title used in a contract. If the arrangement may in substance be employment, a lawyer can assess whether the industrial relations process is available.
Depending on the reason for termination and the applicable rules, a worker may be entitled to severance pay, long-service pay, compensation of rights, or other amounts. A lawyer can calculate potential entitlements from wage records and employment documents.
Lawyer fees vary, and there is no single fixed private fee for these cases. Ask for a written engagement agreement that explains the fee, expenses, and any additional charges before hiring counsel.
Law No. 2 of 2004 provides for court-fee waivers, including execution fees, for claims below Rp150 million. This does not cover a lawyer’s private fees, and the court determines how the rule applies to a particular claim.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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