Indonesian Journal of Labor Law and Industrial Relations Volume 01 Issue 01.
June 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir Legal Certainty Regarding the Time Limit for Claiming Retired Employees' Rights in Indonesia Umi Nuris Sholikah1.
Salma Rizkiyah2.
Winda Ardilla3.
Natcha Muangsong4 Faculty of Law.
Universitas Negeri Surabaya.
Indonesia 21066@mhs.
Faculty of Law.
Thaksin University.
Thailand h@tsu.
Abstract Retirement marks the end of the employment relationship between an employee and the company, in which the employee is entitled to resignation, work time remuneration, and compensation rights.
However, in the prosecution of his charges there are still obstacles such as the complexity of administrative procedures to the issue of the provisions of due date.
Deadline is a form of time limit that has been established for filing a claim, which, when the time limit is passed, a person's right to file a claim is deemed to be expired.
Rules concerning delays are governed by a number of legislative regulations, including UNCITRAL and employment laws.
Nevertheless, these provisions are often not well understood by employees, especially those who work in small companies or the informal sector.
Late filing of claims for employee rights is often due to a lack of socialization and education about the employee's own rights.
That affects the decline in the well-being of retired employees.
Legal certainty is needed to help fulfill the rights of both working and retired employees.
Keywords: Legal certainty, deadlines, retirements, resignations INTRODUCTION Retirement is a period in which a person has reached a certain age that requires them to stop working.
Termination of employment also results in the termination of the employee's rights and obligations with the company he works for.
Retired employees have the right to receive severance pay, long service awards, and replacement rights as a form of appreciation for their services during their work.
The existence of employee retirement rights is intended to guarantee the welfare of employees after they enter retirement.
In Indonesia, retirement age and pension rights are contained in several laws and regulations that are made so that legal protection for retired employees is guaranteed.
However, in practice, there are still many problems related to the prosecution of these pension rights.
In this case, it is caused by various factors, ranging from a lack of understanding of the rights they have, ignorance of the procedures that must be taken.
The complexity of the procedure often confuses employees who ultimately cannot get the rights they should get.
In addition to the complicated procedures, another issue that often arises is regarding the statute of limitations in claiming employee pension rights.
A statute of limitations is a provision that limits the time in which a person can file a After passing a certain time limit, the right to sue is considered lost.
This provision is intended to provide legal certainty and prevent prolonged disputes.
Regulations regarding the statute of limitations in claiming employee pension rights have been regulated in several laws and regulations, especially in regulations that specifically regulate industrial relations and employment.
Regulations regarding the statute of limitations are also regulated in the Civil Code where the statute of limitations is after 30 years have passed and if it has exceeded that time, a lawsuit cannot be filed.
IJLLIR - 8
Indonesian Journal of Labor Law and Industrial Relations Volume 01 Issue 01.
June 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir Company policies regarding retirement may not fully explain the complex rights of employees.
will be obtained during his/her employment in the company and also regarding the prosecution procedures that can be carried out to obtain these rights.
Although the state has made quite clear regulations regarding this in several laws and regulations, the less than optimal supervision in the implementation of these regulations often leads to abuses that result in the non-fulfillment of employee rights.
The less than optimal implementation is caused by the lack of socialization of these regulations to employees, especially to employees who work in companies that do not have departments that can help them fulfill their rights, this results in employees not knowing their rights and the time limits that must be considered.
As a result, many retired employees realize too late that they have passed the expiration date to claim their rights.
However, there are differences in determining the submission of a lawsuit for disputes over rights, as shown by the different interpretations of the provisions of Article 96 of the Manpower Law with the Constitutional Court Decision (MK Decisio.
No.
100/PUU-X/2012 with the Supreme Court Circular (SEMA) No.
4 of 2014 concerning the Implementation of the Formulation of the Results of the Supreme Court (MA) Chamber Meeting in 2013 as a Guideline for the Implementation of Duties for the Court which contains different things.
The Constitutional Court stated that there is no time limit for workers to claim their rights but the MA stated that there is a time limit determined based on the principle of justice by the Panel of Judges of the Industrial Relations Court.
Therefore, the author is interested in further examining the legal certainty of the expiration time limit so that workers affected by the termination of industrial relations can claim severance pay rights.
DISCUSSION