KONSEKUENSI PEMUTUSAN HUBUNGAN KERJA BERDASARKAN PERATURAN PEMERINTAH NOMOR 35 TAHUN 2021 TENTANG PERJANJIAN KERJA WAKTU TERTENTU,ALIH DAYA, WAKTU KERJA DAN WAKTU ISTIRAHAT DAN PEMUTUSAN HUBUNGAN KERJA
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Institusion
Universitas Bhayangkara Surabaya
Author
DAGHUSTAN, MUHAMMAD NAUFAL
Subject
Datestamp
2023-03-28 04:47:17
Abstract :
The purpose of this study is to find out how the termination of employment is arranged and what are the legal consequences that are appropriate and not in accordance with government regulation number 35 of 2021 regarding work agreements for a certain time, outsourcing, work and rest periods, and termination of employment. This research is a normative legal research by taking a legal approach. The legal materials used are primary, secondary and tertiary laws. The technique for collecting legal materials uses normative juridical legal materials, namely conducting discussions of existing legal materials associated with the theoretical basis that has been put forward so that a conclusion can be drawn. As for the findings in this study, the regulation regarding termination of employment is regulated in government regulation number 35 of 2021 where before terminating the worker/laborer the entrepreneur must first have a work agreement relationship, the work agreement in the employment relationship is made in writing or verbally. so that when there is termination of employment, the termination is in accordance with applicable law so that there are legal consequences that are borne by the entrepreneur. As a consequence of the termination of employment by the entrepreneur to the worker/labourer,the worker/labourer is entitled to compensation or severance pay, but when there is a discrepancy between the provision of compensation and severance pay, the worker/labourer can resolve it through bipartid and tripartite negotiations. And if it fails, both parties can resolve it by means of mediation, conciliation and arbitration
The purpose of this study is to find out how the termination of employment is arranged and what are the legal consequences that are appropriate and not in accordance with government regulation number 35 of 2021 regarding work agreements for a certain time, outsourcing, work and rest periods, and termination of employment. This research is a normative legal research by taking a legal approach. The legal materials used are primary, secondary and tertiary laws. The technique for collecting legal materials uses normative juridical legal materials, namely conducting discussions of existing legal materials associated with the theoretical basis that has been put forward so that a conclusion can be drawn. As for the findings in this study, the regulation regarding termination of employment is regulated in government regulation number 35 of 2021 where before terminating the worker/laborer the entrepreneur must first have a work agreement relationship, the work agreement in the employment relationship is made in writing or verbally. so that when there is termination of employment, the termination is in accordance with applicable law so that there are legal consequences that are borne by the entrepreneur. As a consequence of the termination of employment by the entrepreneur to the worker/labourer,the worker/labourer is entitled to compensation or severance pay, but when there is a discrepancy between the provision of compensation and severance pay, the worker/labourer can resolve it through bipartid and tripartite negotiations. And if it fails, both parties can resolve it by means of mediation, conciliation and arbitration
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