Review Paper
Year: 2023 | Month: May | Volume: 10 | Issue: 5 | Pages: 580-591
DOI: https://doi.org/10.52403/ijrr.20230568
Legal Protection against Unilateral Termination of Employment by Companies in Indonesia
Syahiruddin1, Isnaini2, M. Citra Ramadhan3
1,2,3Master of Law, Universitas Medan Area, Medan City, Indonesia
Corresponding Author: Syahiruddin
ABSTRACT
This study aims to analyze legal protection against unilateral termination of employment by companies in Indonesia. In Indonesia, termination of employment (PHK) is regulated by Labor Law No. 13 of 2003 and related laws and regulations. It's just that sometimes companies do Unilateral Termination of Employment which can be detrimental, especially for workers. To analyze this, normative legal research methods are used. Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. The results of the study show that legal arrangements for termination of employment are regulated in Law no. 2 of 2004 concerning Settlement of Industrial Relations Disputes, Government Regulation Number 35 of 2021 concerning Work Agreements for a certain time, Outsourcing, Working Time and Rest Time, and Termination of Employment. Rights due to termination of employment are regulated in Article 40 of Government Regulation Number 23 of 2021 Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, the role of workers/labor organizations as an element of collective power in settling industrial relations disputes has shifted to being replaced by the individual struggle of each worker/laborer, so workers tend to be pragmatic in accepting the company's offer even if it is detrimental.
Keywords: Legal Protection, Unilateral Termination of Employment, Companies in Indonesia, Labor Law
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