Legal Standing of Workers as PKPU Applicants and Bankruptcy Based on Collective Agreement

., Nabilla (2020) Legal Standing of Workers as PKPU Applicants and Bankruptcy Based on Collective Agreement. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

In the economic and social aspects of the legal standing of workers/laborers based on the subjects of law are weak and often, in the fulfillment of their rights are neglected. Based on the agreement of the workers/laborers have had a legal relations and employment, wages, orders, and time as the matters. The workers/labors carry out their work as an obligations, while the company pays on the wages. But, the company often does not give the wages' rights as they should be. In this investigation, the creator examines the Termination of Employment. End identified with the absence of unpaid wages in addition to the punishment, Severance and Health Insurance Arrears between 52 workers/laborers with PT. Denny Furnitama Mandiri, which was later mediated, made a Joint Agreement whereby in the core of the clause agreed to end the employment relationship and each of the workers asked for compensation, if the company did not fulfill its obligations, then 52 workers/laborers would carry out postponement of debt payment obligations and Bankruptcy legal efforts. After making the Joint Agreement, there was no good intention to carry out its obligations, the legal attorney's efforts from the union namely submitting an application as a creditor based on debt arising from the Joint Agreement which was denied by the company without going through a tripartite process and execution in the Industrial Relations Court first where if there is a dispute in industrial relations, the Industrial Relations Court has competence in the authority to examine, hear and decide cases related to labor. The negotiation procedure is carried out in a bipartite manner if it does not reach consensus can be through the mediation of tripartite and if it still fails then carry out a lawsuit execution to the Industrial Relations Court because wages that are not paid during the Termination of Employment process are debts that must be paid in case of irregularities by the company.

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