PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA DALAM TERJADINYA PEMUTUSAN HUBUNGAN KERJA SEPIHAK: STUDI KASUS PT. JUNGLELAND ASIA

Abstract

In Indonesia, employment problems still often occur due to the failure to fulfill the rights of one of the parties in the employment agreement, where this problem occurs more often among workers. In practice, it is often found that employers are negligent in fulfilling their obligations to workers, one of the issues that often arises is the unilateral termination of employment relations (PHK) by employers, which also occurs in the case of PT. Asian Jungleland. The purpose of this research is to understand the reasons permitted for carrying out layoffs according to Law no. 13 of 2003. This research uses a statutory approach and a conceptual approach. The permitted reasons for layoffs by entrepreneurs are regulated in Article 158 paragraph (1) of Law no. 13 of 2003 and Article 43 paragraph (2) PP No. 35 of 2021. Layoffs carried out for reasons of company efficiency due to experiencing losses must meet the requirements that the losses must be experienced for 2 consecutive years and must be proven by the existence of financial reports for both periods which have been audited by a public accountant. The Manpower Law also regulates that workers who are laid off are entitled to severance pay and compensation. If the employee does not agree with the employer's decision to lay off workers, the employee can file a lawsuit through the competent Industrial Relations Court.