Fatikhah Kismilarsih
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Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic Fatikhah Kismilarsih; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8470.111-119

Abstract

The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers' rights and obligations.