Kanun: Jurnal Ilmu Hukum
Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context

TERMINATING WORKERS DURING THE PANDEMIC: A PERSPECTIVE ON LEGAL CERTAINTY

Yetniwati Yetniwati (Universitas Jambi)
Muskibah Muskibah (Universitas Jambi)
Iskandar Zulkarnain (Universitas Jambi)



Article Info

Publish Date
01 Apr 2023

Abstract

This paper presents a comprehensive analysis of the legal principles that govern the process of worker layoffs and the corresponding legal framework required to regulate such actions during economic crises. The study adopts a normative juridical approach, and the findings highlight the key legal principles that underpin employee terminations and form the basis of legal dogmatics. These principles include clarity, fairness, balance, empowerment, nationality, utility, non-discrimination law, and family principles. Furthermore, the regulatory framework governing employment termination should encompass a minimum set of legally mandated components. These components include clearly defined grounds for termination, prerequisites for initiating the process, procedural steps to be followed, a prescribed time limit for completion, normative entitlements of affected workers, and the implementation of online-based oversight mechanisms. Establishing regulations on employee termination in response to the global economic crisis is of utmost importance. These regulations should incorporate a baseline of legal principles and minimum legal requirements. It is recommended that governmental and legislative entities include provisions for employee terminations within the framework of the Labour Law.

Copyrights © 2023






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...