LEGAL ANALYSIS OF FULFILLMENT OF EMPLOYEES' RIGHTS WHO WERE DISMISSED DUE TO GROSS VIOLATIONS

Authors

  • Virginia Patrisia Mude Kota Fakultas Hukum, Universitas Katolik Darma Cendika, Indonesia
  • Retno Dewi Pulung Sari Fakultas Hukum, Universitas Katolik Darma Cendika, Indonesia

DOI:

https://doi.org/10.33603/hermeneutika.v8i2.9559

Keywords:

Employee Rights, Termination of Employment, Legal Arrangements

Abstract

Termination of Employment is very important to study and understand, especially regarding the rights of employees who are laid off. It does not always run smoothly between workers and employers in a company, they develop smoothly for the work done is something that really needs to be appreciated for its performance, but there is an act that makes this a common occurrence in any relationship so that a different point of view arises. This study aims to understand the rights that should be obtained by employees (workers) who are laid off for committing acts that are contrary to the law. This topic will focus on fulfilling the rights of employees who are laid off for serious violations. So the author is interested in knowing and analyzing a legal rule that applies in the world of Manpower. In answering and exploring this problem, the author uses the Normative Legal Research Type. The main results obtained by the author indicate that employers do not want to provide severance pay to employees because employees have committed serious violations. Regarding this, it can be seen that unlawful acts committed by employees are very detrimental to the employer. Although no severance pay is given, there are rights that employees should receive, namely in the form of replacement money or separation money, in this case regulated and explained in government regulations and laws and regulations.

References

Abdul Rachmad Budiono, Employment Law in Indonesia, First Edition, RajaGrafindo Persada, Jakarta, 1995.

Alapján-, V. (2016). LEGAL ANALYSIS RELATED TO TERMINATION OF EMPLOYMENT RELATIONSHIP WITHOUT PROVISION OF COMPENSATION IN THE EMPLOYMENT AGREEMENT BETWEEN PT. KARYA KREASI PESONA INDAH AND WORKERS. 6(1), 1–23.

Anggra, IM, Seputra, IPG, & Suryani, LP (2020). Legal Protection for Employees of PT. Arta Sedana Retailindo Affected by Termination of Employment on BPJS Employment Claims. Journal of Legal Construction, 1(2), 416–420.https://doi.org/10.22225/jkh.2.1.2536.416-420.

Relationship, P., & One-sided, K. (2018). Journal of Legal Analysis Journal of Legal Analysis. 1(1), 52–66.

Ii, B. A Ii, BAB (1957). Chapter II literature review 1.1. LEGAL PROTECTION STUDY

Ii, BAB, & Pustaka, T. (2002). CHAPTER II Literature Review CHAPTER II LITERATURE REVIEW 2.1. 1–64.

Laily, F., & Gunawan, BP (2019). Legal Protection for Employees Who Experience Termination of Employment Due to Serious Violations. Journal of Legal Reform, 2, 6–11. LEGAL PROTECTION FOR EMPLOYEES WHO EXPERIENCE TERMINATION OF EMPLOYMENT DUE TO SErious Violations.

Nur, F., Sudarmanto, K., Arifin, Z., & Sukrisno, WH (2024). Termination of Employment Due to Serious Violations After the Issuance of Law of the Republic of Indonesia Number 06 of 2023 Concerning Job Creation. 2(1), 16–29

Nuraeni, DN, Rizal, M., & Natari, SU (2023). Steps to Resolve Unilateral Termination of Employment (PHK) Disputes and Efforts to Protect Workers Case Study of PT. Kaldu Sari Nabati Indonesia. 2(3).

Nuraeni, DN, Rizal, M., & Natari, SU (2023). Steps to Resolve Unilateral Termination of Employment (PHK) Disputes and Efforts to Protect Workers Case Study of PT. Kaldu Sari Nabati Indonesia. 2(3).

Government Regulation Number 35 of 2021

Purnamasari, D., Wijaya, F., & Budiman, A. (2023). Termination of Employment Due to Serious Violations Reviewed from the Legal Certainty. JIIP - Scientific Journal of Educational Sciences, 6(5), 3505–3514. https://doi.org/10.54371/jiip.v6i5.1953.

SHubhan, MH (2020). The Legal Phenomenon of Bankruptcy Filings Against Employers by Workers Due to Unpaid Worker Rights by Employers. Journal of Law & Development, 50(2), 519.https://doi.org/10.21143/jhp.vol50.no2.2589

Sonhaji, S. (2019). Legal Analysis of Termination of Employment Due to Serious Worker Misconduct Administrative Law and Governance Journal, 2(1), 60–78.https://doi.org/10.14710/alj.v2i1.60-78

Suprayogi, A. (2016). SETTLEMENT OF TERMINATION OF EMPLOYMENT RELATIONSHIP AFTER THE DECISION OF THE CONSTITUTIONAL COURT. 012.

Law Number 13 of 2003 CONCERNING EMPLOYMENT.

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Published

2024-08-31

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