Lex Publica
Vol. 9 No. 1 (2022)

Retirement and Continuation of Employment Relations: Annotation of Supreme Court Circular Letter Number 5 of 2021

Farianto, Willy (Unknown)



Article Info

Publish Date
30 Jun 2022

Abstract

Retirement is a time when a worker stops working because he is old or has entered old age. At that time, laws and regulations stipulated that termination of employment could be carried out for the reason that workers were entering retirement age. However, sometimes it is common to find a company still employing retirees, whether they are employees who have retired but are still employed or have had their term of office extended, or who have retired and then been called back to work. For employees who have retired and are re-employed, the company can use a Specific Time Work Agreement (Perjanjian Kerja Waktu Tertentu /PKWT) by taking into account the time period and completion of work as stipulated in Article 4 paragraph (1) amended by Article 5 paragraphs (1) and (2) and amended by Article 6 of Government Regulation No. 35 of 2021. In line with the absence of laws and regulations prohibiting employers or companies from re-employing workers who have reached retirement age, the Supreme Court issued a Supreme Court Circular (Surat Edaran Mahkamah Agung/SEMA) Number 5 of 2021 concerning Enforcement of the Formulation of the Results of the 2021 Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court in which it regulates the rights of workers who retire and then are reemployed.

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Journal Info

Abbrev

lexpublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June ...