Legal Protection of Workers Helping The Legal Relationship Disclaimers (PHK) Sepihak is Connected with Law Number 13 Year 2003 about Employment JO Law Number 2 of 2004 Concerning The Discussion Of Industrial Relationship (Case Study of Decision Number 251 K / Pdt.Sus-PHI / 2016)

Hana Mariana, Deddy Effendi

Abstract


Termination of employment unilaterally conducted by the company to workers for no apparent reason which resulted in workers felt disadvantaged because the termination of employment is not in accordance with Law Number 13 Year 2003 on Manpower. Examples of cases of Termination of Employment unilaterally conducted by PT.Bank CIMB NIAGA against JOSEPH ROY DJAJA SUKANDHY who is a worker who served for 24 years 6 months. Workers experiencing unilateral termination of employment should obtain the rights that have been regulated in accordance with applicable law. The method used is Juridical Normative, Research Specification is Analytical Descriptive, Research Stage using Library Research by examining Decision Number 251 K / Pdt.Sus-PHI / 2016, Data Collection with Primary Law Material consists of several rules and Secondary Law Material consists of some text In the form of books, as well as Tertiary Law Material in the form of legal dictionaries and articles from the internet, Last Data Analysis Techniques with Qualitative Analysis. The conclusion of the unlawful review of Decision Number 251 K / Pdt.Sus-PHI / 2016 by the Company / Employer to Workers is in conformity with Article 156 of Law 13 of 2003 on Manpower. The Company has granted the rights to the workers that the employee should have received, but since the worker still has a loan obligation to the Company, the rights received by the Worker are used to pay the employee loan which is the duty of the Worker.


Keywords


Employment Relations, Termination of Employment, Workers Normative Rights

References


Buku

Adrian Sutedi, Hukum Perburuhan, Sinar Grafika,Jakarta,2009.

Abdul R. Saliman,Hukum Bisnis Untuk Perusahaan Teori dan Contoh Kasus,Kencana,Jakarta,2011.

Agusmidah, Hukum Ketenagakerjaan Indonesia Dinamika dan Kajian Teori,Ghalia Indonesia,Bogor,2010.

M.Yahya Harahap, Beberapa Tinjauan Mengenai Sistem Peradilan dan Penyelesaian Sengketa, PT.Citra Aditya,Bandung,1997.

Peraturan PerUndang-Undang

Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan.




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