Getting dismissal from a company can be a big shock and it's not anyone's wish. However, not all companies dismiss employees in accordance with the law. Therefore, you need to self-review and evaluate whether the dismissal was done in accordance with the law. Here are the things you need to examine to help protect your legitimate rights and interests.

Question 1: What is the reason of dismissal? Is it valid?

In order for disciplinary dismissal to be legal, the reasons for dismissal must be appropriate. Accordingly, the reasons for dismissal must comply with Article 125 of the Labor Code 2019 (or Article 126 of the 2012 Labor Code), specifically one of the following cases:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;
3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved;
4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

If the reasons for dismissing the employee does not fall into one of the cases specified in Article 125 of the Labor Code 2019 (or Article 126 of the 2012 Labor Code) and is also not specified in the internal labor regulations of the company, or there is a provision in the internal labor regulations but the internal labor regulations has not been registered with the labor authority, the dismissal can be concluded as illegal.

Question 2: Is there a case of must not being disciplined?

According to Clause 4 and 5 Article 122 of Labor Code 2019 (or Article 123 Labor Code 2012), there is no disciplinary measure shall be taken against an employee when:

• The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
• The employee is being held under temporary custody or detention;
• The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of Labor Code 2019.
• The employee is pregnant, on maternal leave or raising a child under 12 months of age.
• The employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease.

If the company dismisses the employee with case in one of the above cases, it can be concluded as illegal.

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