Yuridika
Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020

Juridical Analysis on Entrepreneurs’ Obligation of Effort to Prevent Termination of Employment

Budi Santoso (Universitas Brawijaya)



Article Info

Publish Date
21 Oct 2019

Abstract

This article aims to analyze the applicability of the employer's duty of care to prevent employment termination based on Article 15(1) Act No. 13 of 2003 on Labour, questioning if those obligations applied to all grounds and reasons resulting in termination of employment. To answer the objectives, this legal research uses the method of legislative approach by analyzing the available legal sources through systematic interpretation and legal argumentations. Relying on the result of the discussion, a conclusion is reached that employer's obligation of effort to prevent termination employment, as regulated under Article 151(1) UUK, is excluded when the employee is unable to perform its obligated duty after six months because he/she is entangled in criminal proceedings. If the Court decides the proceedings before the six months term ends and the employee is found to be guilty, then he/she is no longer the responsibility of the employer.

Copyrights © 2019






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...