Littler Global Guide - Indonesia - Q1 2024

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Constitutional Court Affirms Statute of Limitations for Filing Employment Termination Lawsuits

Precedential Decision by Judiciary or Regulatory Agency

Author: Indrawan Dwi Yuriutomo, Senior Associate – SSEK Law Firm

On February 29, 2024, Indonesia’s Constitutional Court, in Decision No. 94/PUU-XXI/2023, affirmed that an employment termination lawsuit can only be filed within one year of the date of notification of employment termination. There had previously been confusion on this point, particularly after the Constitutional Court declared Article 96 of the Employment Law unconstitutional, which meant that there was no statute of limitation for filing an employment termination lawsuit except for termination for serious violations.

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