Akibat Gaji Manager Cuma Rp.4,7 Juta, Karyawan Bank Qatar Gugat Rp2,5 Miliar ke Pengadilan

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KESBANG.COM, JAKARTA – PT. Bank QNB Indonesia Tbk (Qatar National Bank) beralamat di QNB Tower, 18 Parc SCBD, Jalan Jenderal Soedirman Kav 52-53 Jakarta, digugat oleh seorang karyawannya ke Pengadilan Hubungan Industrial pada Pada Pengadilan Negeri Jakarta Pusat, Jalan Bungur Besar Raya No. 24-28 Jakarta Pusat. Gugatan dilayangkan oleh Fachrudin Saleh Rangkuti, biasa dipanggil Ali Rangkuti, warga Jalan Amil No. 3 Kelurahan Pejaten Barat, Kecamatan Pasar Minggu, Jakarta Selatan. Gugatan telah didaftarkan ke Pengadilan Hubungan Industrial pada Pengadilan Negeri Jakarta Pusat sejak tanggal 30 Mei 2017 dengan nomor 149/Pdt.Sus-PHI/2017/PN.JKT.PST. Sidang pun sudah berjalan beberapa kali. Hingga Kamis, 31 Agustus 2017, sidang sudah memasuki tahap pengajuan bukti-bukti baik dari Ali Rangkuti selaku Penggugat maupun PT. Bank QNB Indonesia Tbk selaku Tergugat.

Ali dengan didampingi kuasanya dari Serikat Pekerja Bank QNB Kesawan yaitu Minton dan Asep Supriyadi menjelaskan, gugatan itu dilayangkan lantaran PT. Bank QNB Indonesia tidak membayar upah Ali selayaknya upah Manager, padahal berdasarkan Surat Keputusan PT. Bank QNB Kesawan nomor 217/SK-SDM/XII/2011 tanggal 29 Desember 2011, Ali ditugaskan sebagai Commercial Relationship Manager. Surat Keputusan itu diberikan kepada Ali dan berlaku sejak tanggal 1 Januari 2012. Sejak itu Ali melaksanakan tugas pekerjaannya sebagai Commercial Relationship Manager dengan hasil kinerja yang baik. Target kerja Ali pun adalah target Manager yaitu target kredit 40 Miliar per bulan. Namun upah yang diterima Ali tidak sebanding dengan tugas dan pekerjaannya sebagai Manager. Ali hanya terima upah sebesar Rp. 4.780.000 dimana upah tersebut adalah upah untuk posisi Senior Officer. Padahal untuk posisi Manager upah yang seharusnya diterima sebesar 25 juta per bulan, sehingga ada selisih kekurangan upah sebesar Rp. 20.220.000. Selain kesenjangan upah, Ali pun mengalami kesenjangan pangkat dimana pangkat Ali dengan posisi dan tugas kerja Manager tersebut seharusnya pangkat Ali adalah Manager. Kenyataannya pangkat Ali masih Senior Officer, tidak disesuaikan ke pangkat Manager.

“Ini sih seperti memanfaatkan tenaga dan kemampuan saya. Pekerjaan Manager tapi dibayar upah Senior Officer”, keluh Ali ketika dijumpai di Pengadilan Negeri Jakarta Pusat, Kamis, 31 Agustus 2017.

Dengan upah Senior Officer sementara posisi dan tugas pekerjaan Manager, lanjut Ali, dirinya sangat dirugikan sejak bulan Januari 2012. Menurut Ali, akibat kesenjangan upah rendah dan pangkat Senior Officer tersebut berdampak pada kerugian bonus kerja yang kecil, Tunjangan Hari Raya (THR), uang pendidikan, tunjangan akhir tahun, uang pengganti cuti besar, jumlah hari cuti, Jaminan Hari Tua (JHT) BPJS Ketenagakerjaan, fasilitas kesehatan keluarga dan hak lainnya dimana kalau upahnya upah Manager dan pangkatnya pangkat Manager sesuai dengan tugas dan pekerjaannya maka tunjangan-tunjangan tersebut nilainya jauh lebih besar dibanding tunjangan-tunjangan dengan upah dan pangkat Senior Officer.

“Di PT. Bank QNB Indonesia, upah dalam setahun itu terima 15 kali upah dengan perincian 12 kali upah ditambah 1 kali THR ditambah 1 kali tunjangan pendidikan dan 1 kali tunjangan hari natal atau akhir tahun. Sehingga kekurangan upah sejak tahun 2012 sampai tahun 2017 bulan Agustus adalah 83 bulan dikali kekurangan upah sebesar Rp. 20.220.000 dan didapat hasil Rp. 1.678.260.000. Ditambah denda keterlambatan upah yaitu 50{45665f7ba399c739ef45db4b0b7facf8fd556e2bf7e2dcb92040db98cbf17eb2} dikali Rp. 1.678.260.000 didapat hasil Rp. Rp. 839.130.000. Sehingga total kekurangan upah dan denda keterlambatan upah hingga bulan Agustus 2017 sebesar Rp. 2.517.390.000 (dua miliar lima ratus tujuh belas juta tiga ratus sembilan puluh ribu rupiah). Kami menuntut kekurangan upah tersebut dan penyesuaian kepangkatan dalam gugatan perselisihan hak ini”, papar Minton.

Kasus perselisihan hak ini, lanjut Minton, sudah dimenangkan di tingkat mediasi dan sudah dikeluarkan anjuran oleh Mediator Hubungan Industrial Suku Dinas Ketenagakerjaan Jakarta Selatan dengan nomor anjuran 3673/-1.835.1 tanggal 19 September 2016. Dalam anjuran tersebut Mediator Hubungan Industrial menganjurkan kepada PT. Bank QNB Indonesia agar upah dan kepangkatan Ali disesuaikan ke upah dan pangkat Manager sejak bulan Januari 2012, sejak berlakunya surat keputusan pengangkatan Ali sebagai Manager. Meski hanya dianjurkan agar PT. Bank QNB Indonesia membayar kekurangan upah selama 5 bulan namun Ali merasa bersyukur jika dibayar kekurangan upahnya itu.

“Eh.. ternyata PT. Bank QNB tidak mau melaksanakan anjuran pemerintah dalam hal ini Suku Dinas Ketenagakerjaan Jakarta Selatan agar membayar kekurangan upah kepada pekerjanya yang sudah mengabdi 9,5 tahun. Padahal cuma seberapa kekurangan upah 5 bulan itu untuk ukuran Bank QNB. Karena Bank QNB tidak melaksanakan atau menolak anjuran Mediator Hubungan Industrial maka akhirnya kami ajukan gugatan perselisihan hak ini ke Pengadilan Hubungan Industrial. Rupanya Bank QNB lebih memilih uangnya buat bayar Pengacara ketimbang diberikan ke pekerja yang sudah mengabdi 9,5 tahun ini”, ujar Minton.

Minton menegaskan pada Pasal 15 Peraturan Perusahaan PT. Bank QNB Indonesia sudah jelas dikatakan bahwa perusahaan memberikan tugas dan tanggung jawab kepada karyawan sesuai dengan pangkatnya. Artinya kalau pangkatnya Ali Senior Officer, kenapa diberikan tugas dan tanggung jawab sebagai Commercial Reationship Manager? Dan ketika Ali diberikan tugas dan tanggung jawab Commercial Relationship Manager, kenapa upah yang diberikan adalah upah Senior Officer? Dan pangkatnya tidak disesuaikan ke pangkat Manager?

“Ini namanya kesewenang-wenangan sehingga peraturan perusahaan pun dilanggar. Malu kita pegawainya, Bank QNB kan Bank Internasional, sudah menjadi perusahaan terbuka pula (go publik) di Indonesia, tetapi perselisihan hak dengan karyawannya saja sampai ke pengadilan. Seperti mempertontonkankan arogansinya kalau setiap perselisihan dengan karyawannya ditantang ke pengadilan. Bagaimana bisa konsen bekerja mencapai target dan tujuan perusahaan kalau selalu disibukkan dengan perang melawan karyawannya sendiri di pengadilan”, pungkas Minton.

Sidang yang diketuai oleh Hakim Budhy Hartanto, Hakim Anggota Supono dan Ida Ayu Mustika dengan agenda pengajuan bukti-bukti pun dilanjutkan Kamis depan tanggal 7 September 2017.

Sementara itu kuasa hukum PT. Bank QNB Indonesia ketika dimintai tanggapan usai sidang, ia enggan berkomentar.

“Nanti, saya mau komentar kalau sudah selesai persidangannya. Ini kan baru bukti-bukti”, kata kuasa hukum PT. Bank QNB Indonesia, M. Irfansjah Siregar. (Zulfikri/Eddy Yusuf).

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