Review of Decision No.1044 K / Pdt.Sus-PHI / 2016 Connected with Law No.13 Year 2003 on Employment

Abstract

In this life human beings have diverse needs, to meet all the needs, they are required to work. In a job before they work they enter into an employment agreement between the employee and the employer that contains the terms of employment, rights and obligations of the parties. Workers have been on probation for 3 (three) months as ordered and agreed by the company but after 9 (nine) probation period the worker does not get assurance of whether or not to work. However, these workers actually experienced unilateral termination of employment by PT. Hanhwa Life Insurance Indonesia. Termination of employment is termination of employment because of certain things result in the ending of rights and obligations between workers and employers. Basically termination of employment is a complex issue such as unemployment, crime and employment. With this problem the author wants to formulate problems that occur PT. Hanhwa Life Insurance Indonesia is how the legal protection for workers who are dismissed and what the efforts of workers / unemployed against unilateral layoffs associated with the Act No.13 of 2003 on Manpower. The research method used in this research is using the Normative Juridical Method. The Normative Juridical Method is a method of studying and examining primary law materials and secondary law materials deductively by analyzing the articles, laws and principles, theories, and conceptions of scholars. The results of the above problems of which are legal protection against workers who dismissed unilaterally is if there is still a working relationship between workers and employers will be given wage protection and protection of occupational safety and health. However, if the termination of employment, the protection does not apply to workers who are laid off. Furthermore, concerning the legal efforts made by workers to fight for their rights is through litigation and non-litigation. Litigation or court proceedings through the Industrial Relations Court and non-litigation or out-of-court are conducted through conciliation and mediation conducted by deliberations mediated by the Central Jakarta Office of Manpower and Transmigration.