A middle school teacher sued after has not given his pension rights after 42 years of service

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Solidaritas.net – A junior high school teacher, named Drs. Tumpal Siagian, sued a foundation that oversees the Yayasan Perguruan Sutomo (Sutomo Educated Foundation) due to these school has not given his right for the pension compensation. Drs. Tumpal Siagian has devoted themselves to these school for more than 42 years and he was 74 years old already when the lawsuit filled.

The conflict beginning when he stated his retirement because of his old ages made him disable to perform his works anymore, and then he asking his rights for the compensation. According to the Indonesian Labor Law and the Act of Teacher and Lecturer, a teacher shall be dismissed from his duty after reaching 60 years old and shall be given pension. But the Yayasan Perguruan Sutomo doesn’t involved all of their staff and employees in the pension plan and these proven by Drs. Tumpal Siagian which still teaching even he should entered the retirement age.

When Drs. Tumpal Siagian was 60 years old, he filled his retirement but the foundation refused and still asking him to continued teaching. Now at the age of 74 years old, Drs.Tumpal Siagian hasn’t able anymore and filled his retirement also asking for his compensation from the foundation. Upon those request, the foundation only granted Drs. Tumpal Siagian retirement without giving any pension or other rights.

To respond the Yayasan Perguruan Sutomo decision, Drs. Tumpal Siagian asking the Department of Manpower and Transmigration at Medan, North Sumatera to help him as a mediator for both sides. The Department of Manpower and Transmigration at Medan recommended the Yayasan Perguruan Sutomo to paid the severance and pension for Drs. Tumpal Siagian with 70 million rupiah worth. But the foundation rejected these recommendation with a reason that the foundation didn’t involve all of their employees for any pension plan so the foundation has any responsible to give Drs. Tumpal Siagian rights.

The attitude shown by these foundation made Drs. Tumpal Siagian brought these case to the Court of Industrial Relationship at Medan, North Sumatera and sued the foundation to give his pension rights after 42 years of his services for the foundation. The judges issues their decision after some examination through verdict number 10/G/2011.MDN on October 10th, 2011 which stated that the Yayasan Perguruan Sutomo shall provide Drs. Tumpal Siagian pension rights with 70 million rupiah worth.

The verdict based on the Act of Labor, articles number 156 on paragraph number 2, 3 and 4 which obligated every employers to provided the pension right for the workers who have passed retirement age. This articles was corroborated also by the Act of Teacher and Lecturer with article number 30 at paragraph number 4 which stated that the limitation age of retirement is 60 years old therefore shall be given the pension rights.

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