Our partner, Bosni Gondo Wibowo, S.H., LL.M., was recently featured on Klinik Hukum (@hukum_online) discussing whether unpaid THR can be used as a basis to file for bankruptcy.

THR is a mandatory right that must be paid no later than seven days before the religious holiday. If unpaid, workers may file a claim through the Industrial Relations Court (PHI) until a final verdict is issued and executed (at least up to the second aanmaning).

Based on SEMA No. 2/2019, unpaid THR can be classified as debt and used to file for bankruptcy if the requirements under the Bankruptcy Law (UUKPKPU) are met. However, since THR is categorized as non-wage income, it becomes a concurrent debt, not a preferential one, like unpaid wages.

Read more: https://www.hukumonline.com/klinik/a/thr-belum-dibayar–bisakah-perusahaan-diajukan-pailit-lt6081620e42f50/

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