Could the test expected? Instructions on Legal Action in Indonesia

The test period is a significant time for employees and companies. For employees, it is an opportunity to show abilities and adapt to the new work environment. For companies, it is the time to evaluate employee’s ability to position and company’s culture. However, what if at the end of the test period, the company feels it takes more time to evaluate? Could the test expected? Let us tell the laws of Labor law in Indonesia.

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What is a test time?

The test period is the initial work of an employee who seeks to give opportunities for both parties, both employees and entrepreneurs, to evaluate work suits. In this time, employees will check their actions, attitudes, and abilities to adapt to duties and environmental work. On the other hand, employees can also be reviewed if the job and the company is appropriate for them.

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Deadline for Trial Period According to Manpower Law

It is important to understand that Indonesian employment law clearly regulates the duration of the test period. Based on Article 60 paragraphs (1) of Law Number 13 in 2003 regarding human power (the provision law can only be required for a maximum of 3 (three) months of work agreement (PKWTT) or permanent employee.

How is the agreement work for a specified time (PKWT)? It is important to know that there is no test or test period for contract employees. This provision is regulated by Article 81 Numbers 14 of the Law Numbers 6 of 2023 about the construction of government regulations with a statutory of the law 52 of Manpower law.

In this article regulates it, the PKWT does not require a test period. If in practice there are essentials for TRUCT TRUCT TRUCT, then the test period of test needed and unrelated to the law.

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Could the test expected?

On the basis of clear provisions of Article 60 paragraphs (1) in Manpower law, the test period should not be extended. If the test period exceeds 3 months, then automatically by law, employees are considered permanent employees since the end of 3 -month period.

The companies expanding during the test after 3 months will be considered to violate the provisions of the law, and the extended agreement of the provision of the provision may be poor and worthless.

Legislation about Indonesia’s job does not regulate penalties for companies when they use the test period of over 3 months. However, both workers and entrepreneurs have to follow the law of Manpower and their changes, in this case following the test period for a maximum of 3 months.

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Employee rights during the test period

Even in the test, employees have law-protected rights. These rights include:

1. The bribe deserves. Employees have the right to receive wages in accordance with the agreement and not lower than the minimum wage.
2. Time to work. Employees have the right to work on time consistent with statutory regulations or work deals.
3. Social security. Although not yet a permanent employee, the company has an obligation to register employees in the Social Security program, such as BPJS regulations, in accordance with available regulations.
4. Fair treatment. Employees have the right to the same treatment and non-prejudice.

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Legal implications when the test period has been extended

Companies are determined to keep the test period over time limit 3 months will face extreme legal implications. These implications include:

1. Employee status can be permanent. As previously mentioned, if the test period has been extended, employees are automatically considered permanent employees from the first day of work or not at first time overtime.
2. Cases. Employees can submit cases to the Department of Manpower or Industrial Court Court when their rights are violated due to an unauthorized extension during the test.
3. Firm’s reputation. Breastfeeding regulations can damage the company’s reputation and reduce confidence in perfect employees and communities.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Law number 13 in 2003 about strength;
2. Number 6 in 2023 about building government regulations at Liegu of Law Number 2 in 2022 about copyright copyright.