Have you ever heard of the term one month notice when you want to resign from your job?
For many workers in Indonesia, one month notice is often debated, especially after Job Creation Law was enacted.
There are questions about what the rights and obligations of employees are, and what the risks are of not complying with these rules.
Well, no need to worry because this article will help you clearly understand what a one month notice is, how it is applied in the Job Creation Law, and provide easy-to-understand examples.
What is it One Month Notice in Job Creation Law?
One month notice refers to the notice of resignation by the employee to the company at least one month before the effective date of termination.
The aim is to give the company time to find a replacement or complete the necessary administration, as well as ensure a smooth transition of work.
One month notice is regulated in Law Number 11 of 2020 concerning Job Creation or the Job Creation Law.
Specifically, this provision refers to the amendment of Law Number 13 Year 2003 on Manpower, which regulates the employment relationship between employees and employers, including resignation and employee rights during the process.
In the Job Creation Law, this regulation on one month notice is elaborated in Article 81 number 43 which amends the provisions of Article 162 of the Labor Law.
Article 162 Paragraph (3) of the amended Manpower Law states that employees who resign voluntarily must fulfill several conditions, including giving written notice to the employer at least 30 days before the date of resignation.
This is in accordance with the concept of one month notice.
In addition, employees must also continue to carry out their obligations during the one month notice period and not have any obligations to the company, such as debt or other obligations, so that the resignation process runs smoothly.
This provision serves to maintain a balance between employee rights and company obligations. With one month’s notice, companies are expected to have sufficient time to make preparations to find a replacement.
This means that if you are planning to resign, it is important to comply with the one month notice rule stipulated by the Job Creation Law so that the resignation process does not cause problems in the future, both for the employee and the company.
Read also: What are the Terms of the Indefinite Time Work Agreement?
Check it out!
What are the Sanctions for Resigning Without One Month Notice?
Many people ask, “What happens if I resign without giving one month notice?”.
If you decide to resign without prior notice, there are several consequences that you may face.
Under the Job Creation Law, companies have the right to penalize employees who do not comply with these provisions.
One common sanction is a pay cut.
Employees who resign without one month’s notice may be fined to cover the company’s losses.
In addition, you may also lose the opportunity to get a good work reference from the company.
Therefore, it is important to adhere to the one month notice rule so that you don’t experience any disadvantages in the future.
Does One Month Notice Earn Salary?
This question often arises in the minds of workers: do we still get paid during the one month notice period?
The answer is yes, as long as you are still carrying out your duties and responsibilities as usual.
The one-month notice period is still considered by the company as an active working period, so the right to salary and other benefits remains.
However, if you decide not to work during this period, these rights may not be granted.
Read also: What is a Termination Letter?
and the Importance of Proper Handling
One Month Notice Case Example
Let’s look at a concrete example of one month notice.
Budi is an employee who has worked in a company for 3 years.
In November, Budi decided to resign and gave a letter of resignation to HRD on November 1.
In the letter, Budi stated that he would stop working effective November 30, giving the company one month to find a replacement.
During the month of November, Budi continued to carry out his duties as usual.
Company also appreciated Budi’s professionalism for giving sufficient notice and not making the work transition chaotic.
At the end of November, Budi receives his full salary, benefits, and severance pay as he is entitled.
This example shows how one month notice works well and helps both parties settle their obligations fairly.
The Right Way to Resign
If you have decided to resign, what is the right way to do it?
Here are some steps you can take to make the resignation process run smoothly and without conflict:
1. Submit a Formal Resignation Letter
Make sure you submit your resignation letter in writing.
Do not just tell verbally, because this letter will be proof that you have submitted a one month notice.
2. Tell HR or Boss Clearly
In addition to providing an official letter, don’t forget to discuss directly with your boss or HRD.
Present your reasons honestly but still professionally.
3. Help with the Transition Process
During the one month notice period, make sure you help the transition process.
Starting from, training your replacement well or completing ongoing projects.
4. Keep a Good Relationship with the Company
Resigning does not mean cutting off the relationship completely.
Maintain good communication, because references from the company where you worked can be a plus in the future.
Understanding and implementing the one month notice procedure when resigning is essential for employees to comply with legal requirements and avoid problems in the future. For KH Pals who need assistance in the resignation process or legal consultation related to employment, Kontrak Hukum is ready to help.
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