Keabsahan PHK Kepada Pekerja yang Sedang dalam Proses Gugatan di Pengadilan Hubungan Industrial (Legality of Layoffs for Workers who are in the Process of Lawsuits at the Industrial Relations Court)

Zein, Mochamad Adam Fahreza (2022) Keabsahan PHK Kepada Pekerja yang Sedang dalam Proses Gugatan di Pengadilan Hubungan Industrial (Legality of Layoffs for Workers who are in the Process of Lawsuits at the Industrial Relations Court). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

In every relationship between humans, it is possible for disputes/conflicts to occur, this is part of one of the increasingly complex patterns of community life, especially in the scope of events or disputes. One of them is in the case of industrial relations disputes which usually occur between 2 legal subjects, namely between workers/labourers and employers or employers. In connection with the issue of Termination of Employment (PHK), it is not uncommon for several workers/labourers to be dismissed by employers who are taking legal action through Judicial process (litigation) in a situation like this is a loss for workers considering the ongoing process of settlement through the courts (litigation). So that then becomes the question of whether the dismissal made by the entrepreneur is valid. This research is legal research. The problem approach used to answer the legal issue is the statute approach, which is an approach using legislation and regulations. Conceptual approach (conceptual approach) is used to examine and analyze the framework of thought, conceptual framework or theoretical basis of the legal issue to be studied, and the case approach, which is an approach that examines cases related to the issues at hand that have become decisions. court which has permanent power. The case can be in the form of cases that occur in Indonesia or in other countries. Based on the analysis of legal materials, it can be concluded that unilateral dismissal of a dispute over the change in status of a contract employee to permanent employee cannot be justified for any reason because it is contrary to Article 151 paragraph (3) of the Manpower Law. an industrial relations dispute settlement institution and if it does not go through a stipulation, it will be null and void by law. Employers' forms of responsibility for unilateral layoffs carried out by fulfilling the rights of workers include: severance pay, service award money, compensation for rights, and process wages during the settlement of industrial relations disputes. Keywords : Unilateral Layoffs, Contract Employees, Industrial Relations

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Unilateral Layoffs, Contract Employees, Industrial Relations
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Divisions:	Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User:	1311800194 Mochamad Adam Fahreza Zein
Date Deposited:	31 Aug 2022 03:42
Last Modified:	31 Aug 2022 03:42
URI:	http://repository.untag-sby.ac.id/id/eprint/18251

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