Jakarta, 2021. Our firm has successfully defended our client, one of the largest company in Indonesia dealing with the heavy equipment, on a labor dispute related to the outsourcing.
The main claim by the Claimant in this case, is a demand that the Defendant i.e. our client, to be declared that their working relationship with their previous employees was deemed to be transferred to our client (company using Claimantâ€™s service as outsourced employees). The Claimant refers to the Article 65 and 66 of Labor Law as their legal basis.
The first stage industrial-relation court admitted the claim by Claimant but that decision is then overrulled by the Supreme Court. The supreme judges admitted one of our reasons for cassation, namely, the outsourcing company should have been claimed also and included as co-defendant in the legal claim. The Supreme Judges consider that the Claimant should have included their previous employers, not only claiming the company that has been using their service, as they were placed by their previous employers. Accordingly, Supreme Judges consider that Claimantâ€™s claim was not complete (plurium litis consortium) and therefore should be declared as inadmissible. Responding to the courtâ€™s decision, Eddy Leks says, â€śThe formality aspect of the claim is important. Hence, one must ensure that there is no formal defect of the claim before claiming.â€ť
Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw Profiles, and Benchmark Litigation. One Client said, as quoted by Benchmark Litigation 2019, â€śIn my experience, the law firmâ€™s litigation team often thought out of the box and was very professional with extraordinary legal service execution.â€ť
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