JURNAL KERTHA WICAKSANA
Vol 1, No 2 (2017): YUDISIUM 57

PEMUTUSAN HUBUNGAN KERJA (PHK) SEBAGAI AKIBAT PELANGGARAN PERJANJIAN KERJA DI BANK RAKYAT INDONESIA (BRI) CABANG GIANYAR

ANANTA, ANAK AGUNG GEDE SURYA (Unknown)



Article Info

Publish Date
18 Sep 2017

Abstract

Workers before work in a company, must first enter into an employment agreement to clarify the rights and obligations as workers so as to avoid something happening in the future. In a company should first enter into an agreement between workers or workers with employers or employers, before deciding to cooperate. In an enterprise the agreement between the company and the worker is often referred to as a written or oral working relationship. In the employment agreement are placed all rights and obligations on a reciprocal basis between employers and workers. Thus between the two parties in carrying out the work relationship has been bound to what they agree on the work agreement and the applicable legislation. Based on the background of the problem described above, then the problem will be discussed as follows: 1. Is the violation of the terms of the employment agreement an excuse for laid off workers / laborers? 2. How does the protection of labor in respect of labor violate a fixed-time employment agreement (PKWTT)? The problem approach used is an empirical juridical approach that is an approach with applicable law and then related to how its application in society. In the case of layoffs due to breach of the employment agreement, the company's responsibility is to grant the rights of the workers in accordance with the provisions applicable in the employment agreement and in accordance with the Law and Regulations, namely Law Number 13 Year 2003 on Manpower. In the case of the occurrence of layoffs, it often finds the obstacles that arise between the worker / laborer and the employer. And one of the obstacles that can be found is about the fate and determination of workers' rights. If a company lays off the employer, the employer is required to pay the severance pay and gratuity and repayment rights that should be accepted. Conclusions obtained as follows: a. Violations of the terms of the employment agreement may be used as an excuse to terminate the worker / laborer because if the worker / laborer has actually violated the employment agreement such as not entering more than 2 days without clear notice the employer may terminate the employment but the employer It still exists like giving severance pay and other workers' rights. b. Employment protection in respect of labor violates employment agreements, employers still have responsibilities such as granting workers' rights in accordance with the terms of service and the contents of the agreements set forth in the employment agreement. Keywords: Labor, Labor Agreement and Termination of Employment

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Journal Info

Abbrev

LAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Sebagai salah satu upaya meningkatkan budaya meneliti dan menulis di kalangan akademisi serta ptaktisi hukum, maka diawal tahun 2017 majalah Ilmu Hukum Kertha wicaksana Fakultas Hukum Universitas Warmadewa terbit dalam edisi Volume 21 Nomor l Januari Tahun 2017. Penerbitan Volume 21 Nomor 1 Januari ...