Estudiante Law Journal
VOL. 6 NO. 3 OCTOBER 2024

Termination Of Employment (PHK) And The Realization Of Severance Rights From The Perspective Of Labor Law

Fatria Ntobuo, Deby (Unknown)



Article Info

Publish Date
15 Oct 2024

Abstract

Termination of Employment (PHK) is a critical issue in the world of labor that often leads to conflicts between workers and employers. This study aims to examine the process of PHK and the implementation of workers' severance rights from the perspective of Indonesian labor law, particularly based on Law No. 13 of 2003 on Employment and the Job Creation Law. The research method used is juridical-normative with an approach to regulations and case studies. The results of the study show that the PHK process must be carried out in good faith and through mechanisms regulated by law, such as mediation and bipartite negotiations. However, in practice, many PHK cases do not meet legal procedures, resulting in harm to workers, including the failure to fulfill severance rights fairly. The Job Creation Law introduces several changes that may offer flexibility to employers but also create new challenges regarding the protection of workers' rights. This study recommends strengthening labor supervision and enhancing legal understanding for both workers and employers to create a harmonious industrial relationship.

Copyrights © 2024






Journal Info

Abbrev

eslaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a ...