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COMPANY RESPONSIBILITY TOWARDS PHONEED EMPLOYEES
WITHOUT GETTING THE RIGHTS OF SEVERANCE PAY
Muhammad Aldi
1,
Mhd Saiful Anwar
2,
Germanos David
3
Faculty Hukum, University Maritim Raja Ali Haji Tanjungpinang Riau, Indonesia
aldy97478@gmail.com
1
,mhdsaifulanwar487@gmail.com
2,
germanusmof@gmail.com
3
PAPER INFO
Received:
1
st
October 2022
Revised:
8
th
October 2022
Approved:
20
th
October 2022
Backgrounds: How form protection law for worker company X affected
Termination Connection Work (PHK) Type research used is normative
study law or also called research doctrinal law .
aim: Knowing not quite enough answer company to cariawan phk without
get severance pay
Methods: Study this use type customized approach with the problem raised
in study this .
Findings : Obviously that priority in Constitution employment is justice
and protection social for workers who are actor main in employment,but in
reality still occur injustice social to worker,one for example is Termination
Connection Work (PHK). In life daily disconnection connection work
Among workers and entrepreneurs normal known with term layoff or
Termination Connection Work,which can occur because has promised or
promised before and can also happen because dispute Among worker with
businessman,death worker or because reason another .
KEYWORDS
Company; Cariawan ; Severance pay
INTRODUCTION
Energy work is all something related with power work at the time before,during,and
after work (Ramli, 2020) . Facts prove that factor power work as source power human,under
development national moment this,is very important factor for implementation development
national in our country,the Unitary State Republic of Indonesia. Even factor power work is
very dominant means in life something nation, because power work is one factor determinant
life and death something business / activity (Dungga & Tome, 2019) .
Employment word that alone have understanding,that is something incident or reality
where ordinary person called workers,working for other people called entrepreneur,with
accept wages,all at once rule out problem Among profession independent. Outside
connection work) and work done on site work (Ashar, 2019) . Below leadership (work) for
others, to the exclusion of problem Among work (arbeid) and workers (arbeider). or service
good for Fulfill needs alone nor for Public (CHAPTER, nd) .
Problem work and energy work speak about problem production,distribution,and
consumption,all of which concerning problem economy in life people,including capital and
management (Rohendra Fathammubina, 2018) . Every man in skeleton Fulfill needs life his
body will always work and free choose type profession in accordance with his profession
with same goal that is destination economy,but in an increasingly industrial era,fast like now
This,among others,types of a lot of work Becomes choice and open opportunity work is
Becomes employee or worker at a company (Suyono, 2014) . together with that,behind
amount impact positive that appears along with development knowledge knowledge and
technology,problems also arise social marked economy with demonstration consequence
Corporate Responsibility Towards Layoffs without _ Get Severance Pay Rights
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injustice in the field employment,no fulfillment rights workers / decent wages . ,weak
organization worker as distributor aspirations,and low awareness workers . enforce rules
among businessman (Melinda, 2021) .
In history journey law in Indonesia is close relation with problem employment,thing
this could our see from policy regulated government together with institution legislative in
the form of laws and regulations government (policy legislative and bureaucratic) such as
Law 23 of 1948 concerning Supervision Employment,Law Number 13 of 2003 concerning
Employment,Law Number 3 of 1992 concerning Guarantee Labor Social,Law Number 21 of
2003 concerning endorsement ILO Convention No. 81 Concerning Supervision Manpower in
Industry and Trade (ILO Convention No. 81 Supervision Manpower in Industry and Trade),
Regulation President Number 21 of 2010 concerning Supervision Employment,and others.
Rules the is effort real government as institution maker policy for give legitimacy for
protection rights worker (Henny Nuraeny, 2022) .
Government role no stop got there because development employment always dynamic
and complexity problem employment must permanent Becomes focus government so that
implementation existing regulations must Keep going monitored (Nainggolan, 2018) . In
supervision this,government center must Keep going synergize and build good coordination
with government area for work supervision could walk optimally.
In Indonesia itself,the problem law about energy work still very common . Existence
the rights that should be earned by workers,however no provided by company the place they
work is persistent problem continue until moment this . one problem law in the field of
employment is Termination Connection Work (PHK) (April, 2022) .
Example case related rights that don't obtained worker,is right workers at Company X
after businessman To do disconnection connection unilateral layoffs. Company X is engaged
in industry textiles . Unilateral layoffs often happening in the industry textiles,for
example,which occurs in some Company X employees located in Tanjung Pinang area . A
number of laid off workers by unilateral choose withdraw self and exist a number of
demanding worker change make a loss from disconnection connection work . Unilateral
layoffs the make dozens colleague laborer To do action strike as form solidarity to workers
who have been laid off unilaterally because party company no Fulfill invitation
Dinsosnakertrans that mediates case a number of time then. They demand change make a loss
for the unilateral layoffs carried out businessman it. Based on background behind problem the
so could identified problems that will researched namely: How form protection law for
worker company X affected Termination Connection Work (PHK).
METHOD
Type research used is normative study law or also called research law doctrinal . Study
this use type customized approach with the problem raised in study this,that is approach
legislation and approaches conceptual . Study this use sourced ingredients from library data
or called ingredient law . Source ingredient law the is ingredient primary law,material law
secondary and material law tertiary . Method research used in study this is method review
approach that does comparative study,namely something the activity that performs the reset.
With use method studies this will more effective if compared with approach studies case .
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With focus study this is To do protection law to the problem of layoffs carried out by a
company company by one-sided.
RESULTS AND DISCUSSION
Employment by general interpreted as something the events in there is two party that is
workers and entrepreneurs . Worker is parties who work for entrepreneurs with destination
accept wages,while what is meant with businessman is an individual or legal entity that runs
company owned by alone and give profession to worker with pay wages to worker the
(Purnomo, 2019) . Related with explanation that,there one aspect important in
employment,namely job . Work positioned as needs urgent that must fulfilled by every
individual because with work somebody could get income used for reach welfare . Related
with existence arrangement life and order social,thing this means refers to well- being every
workers in Indonesia (Ridwan & Sudrajat, 2020) .
Then more carry on explained again in Article 27 paragraph (2) of the 1945
Constitution of the Republic of Indonesia which affirms that : " Every " citizens have the
right on decent work and living ” . From quote The 1945 Constitution of the Republic of
Indonesia is clear that well-being is right every citizen for could life worth,and for support
creation well-being required decent job . Every citizen basically have desire for live and
work with good To use get prosperous life,because prosperous life is right every citizens
(Indonesia & the State, 2006) .
Connection Among power work and company is relationship that produces progressive
profit for second split party .
The company benefits with existence workers and workers get opportunity for work
and earn income with provide field job by giver work . Employer or giver work that gives
profession to worker then often considered as determinant well-being individual . because of
that,though by law position entrepreneurs and workers considered equivalent,however in
reality or by social economy many entrepreneurs who feel position no could equated with
worker because could determine when well-being somebody ends .
With appearance rights and obligations second split party so created something
connection work . Connection this no possible occur without existence binding agreement
between them . Obligation must fulfilled so that the rights could created . Every citizens have
obligation for reach prosperous life or in other words a prosperous life achieved with Fulfill
obligation as power work . By juridical connection Among workers and entrepreneurs is free
or equivalent (Ridwan & Sudrajat, 2020) . Somebody no can enslaved,stretched or
enslaved,because Thing this no in accordance with the contents of Pancasila and the 1945
Constitution of the Republic of Indonesia as follows : base Unitary State law Republic of
Indonesia, but in fact by sociologist,worker or laborer no free,because only with
power,sometimes a laborer forced work . accept connection work with employer although
connection the burdensome worker that alone,moreover opportunity work moment this no
worth it with amount workers in need (Ridwan & Sudrajat, 2020) .
Basically everyone works for get income To use Fulfill needs his life . Not possible a
worker / laborer want to work if no there is appropriate wages with his needs . Minimum
wage in provision employment is Provincial Minimum Wage (UMP) or Sectoral Minimum
Wage Province (UMSP) determined by the Governor . Labor Law is set regulation in the
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form of regulation written or no related writing with incident where somebody work for
others with accept wages or whatever is in scope field employment and if violated could
worn penalty civil or criminal . sanctions,including institution organizer private . relate with
power work . According to Sendjun H. Manulang in the book mentioned that,goal application
Constitution employment are :
1. Achieve/implement social justice in the field of manpower;
2. Protect workers from unlimited power from employers, for example by making or making
coercive regulations so that employers do not act arbitrarily against workers as weak
parties.
Form agreement work is free,that means agreement work could made by written nor
verbal / no written . However agreement existing work moment this generally made in form
written,especially Among company with workers / laborers because agreement work written
more ensure certainty law . Basically connection work is relationship that arises after
existence agreement organizing work about rights and obligations Among worker / laborer
with entrepreneur . Balance Among rights and obligations of the parties is factor important in
something connection work,because in essence rights worker / laborer is obligation that must
fulfilled by entrepreneurs,and vice versa what be right entrepreneur . Entrepreneur is
obligation that must filled by workers / laborers .
Based on destination that,obviously that is prioritized in Constitution employment is
justice and protection social for workers who are actor main in employment,but in reality still
occur injustice social to worker,one for example is Termination Connection Work (PHK). . .
In life daily disconnection connection work Among workers and entrepreneurs normal known
with term layoff or Termination Connection Work,which can occur because has promised or
promised before and it can happen because dispute Among worker with businessman,death
worker or because reason another .
Termination Connection Work is something state where worker stop work from
companies that cause disconnection rights and obligations Among workers and entrepreneurs.
This thing could occur because resignation self,disconnection connection work by company
or ending contract work . In something connection work,no seldom occur Termination
Connection Work (PHK). Problem will appear if the layoffs are long this made by
entrepreneurs is a unilateral layoff to his workers . This thing naturally contrary with
provision regulation legislation except company in condition lack of finance good so that
need conducted subtraction amount employee with To do rationalization .
Termination connection work done by entrepreneurs must could accountable and have
proof as set in the Manpower Act . If workers object with dismissal because considered one-
sided and not in accordance with law,worker could submit lawsuit to the Settlement Agency
Dispute Industrial Relations (LPPHI) and termination connection work can also null and void
for the sake of law and workers could canceled . employed back . Termination connection
work is disconnection connection work because something Thing certain which results in
break up rights and obligations Among workers and entrepreneurs . After connection work
over,worker no again have obligation for work for the giver work,and entrepreneur no
obliged for pay wages to workers .
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In a number of Labor Law literature no found formula or definition disconnection
connection work,however from description above could interpreted that disconnection
connection work is step disconnection connection work Among worker / employee with giver
work / employer . because state certain . Termination connection work that can canceled by
law based on provisions Article 153 of the Manpower Law where company prohibited
dismiss worker with reason as following :
1. Workers cannot come to work because of illness according to a doctor's certificate.
statement letter for a period of not more than 12 consecutive months;
2. Workers cannot carry out their work because they fulfill their obligations to the state in
accordance with the provisions of the applicable laws and regulations;
3. Workers perform worship that is ordered by their religion;
4. Married workers;
5. A female worker is pregnant, giving birth, having an abortion, or breastfeeding her baby;
6. Workers have blood ties and or marital ties with other workers in the same company,
unless it has been stipulated in a work agreement, company regulations, or collective work
agreement; Workers establish, become members and/or administrators of trade unions,
workers carry out trade union activities outside hours. work, or during working hours upon
the agreement of the company, or based on the provisions stipulated in the employment
agreement, company regulations, or collective labor agreement;
7. Workers who complain about the company to the authorities regarding the company's
actions that commit criminal acts;
8. Due to differences in understanding, religion, political sect, ethnicity, skin color, class,
gender, physical condition, or marital status;
9. Permanently disabled workers, sick due to work accidents, or sick due to work relations
according to a doctor's certificate whose recovery period has not been determined.
If the entrepreneur continues to terminate his employment due to the reasons mentioned
above, then according to Article 153 paragraph (2) the termination of employment is null and
void and the entrepreneur is obliged to re-employ the worker concerned. There are several
things that cause layoffs, for example workers resign, die, enter retirement, or because there
are problems (violations). In addition, layoffs can also occur due to the transfer and merger of
companies, there is a change of owner, or the company is closed due to bankruptcy. Provision
about layoffs usually set by special in regulation company .
In essence Constitution employment and all regulation related legislation aim for
realize justice social with give protection to worker or laborer from power entrepreneur .
Each rule legislation the character force and give penalty assertive to entrepreneurs who
violate them . Reality discovered by workers no in accordance with provision in regulation
legislation specifically in Constitution Employment . Solid Company Creation To do
disconnection connection work by unilateral to the workers,however right that should be
obtained no given by the giver work to workers .
Provision about gift change make a loss right in the form of replacement the place stay
as well as treatment and care in implementation often cause multiple interpretations . With
use logic that workers / laborers who resign self no entitled on severance pay or service
award money,then worker / laborer no accept replacement house as well as treatment and
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care because base calculation replacement and treatment as well as care house use severance
pay or award money service . who don't given to resigned worker / labourer.19
one for example is what happened to the workers of Company X who were in
tanjungpinang who did disconnection connection work (PHK) one-sided . There are 6
workers affected Termination Connection Work (PHK), but 4 of them choose withdraw
self,even company no give severance pay to laid off workers .
Two workers who don't accept with action company it also does action protest with
support 25 comrades PT . X. Second not even fifty five workers believe and accept
disconnection connection work unilateral layoffs (PHK) carried out company against 6
comrades them . Demonstration carried out by workers who sit and are interspersed speech in
front factory .
According to a workers who are victims of layoffs connection work one-
sided,company dismiss himself and five workers other without there is summoning or
notification more first . attach letter sick from doctor company . Of the six people,four other
withdraw self and not ask for employed back. Mediation results with the Department of
Manpower and Transmigration (Dinsosnakertrans), that company must hiring return power
work . However,the laid -off workers will receive layoffs with notes that all things to be right
worker fulfilled . One of them,payment wages as big as wages worker because no enter work
because sick plus compensation in the form of severance pay and years of service .
Mandatory company pay worker in accordance with quantity wages during the layoff
process.
Until moment this,company rated no mean good for complete problem this because
company no once want to attend invitation from the Department of Manpower and
Transmigration (Dinsosnakertrans). Demonstration will Keep going in progress until
company Fulfill rights laborer . If things this no fulfilled,case this will brought to Court
Industrial Relations . Then add that company state if there is the party who doesn't accept
decision company,welcome for submit lawsuit . Termination Connection Work (layoffs) have
an impact bad especially for worker or workers and their families . This thing supported by
the statement of Iman Soepomo who said : that :
“ Termination connection work for worker is beginning from all end,beginning from
end have work,start from ending ability pay needs . life daily for himself and his family,early
from ending ability send to school child .- child and so on ”. Related with statement that,then
actions taken by the Company against worker or laborer clear has cause big loss for workers
that and have rob rights worker as man for get decent living and work To use create welfare.
This thing no can conducted with easy by company without consideration before .
Every country has obligation for guarantee and respect right basic people,protect and
enforce it in their respective countries . Country has obligation for protect rights workers who
have been laid off unilaterally . Form protection by the state is with enactment conditions that
can protect rights worker as rightful human get fair and equal treatment without looking at
degree,rank or his position . In addition to Pancasila and the 1945 Constitution of the
Republic of Indonesia which clear ensure protection every Indonesian citizen in Thing this,in
particular power work,law Number 13 of 2003 concerning Employment by special made as
guidelines provision for Fulfill rights and obligations workers and entrepreneurs as
perpetrator effort . Protection power work could conducted good with give construction,as
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well as with increase confession right basic human,protection physical and technical as well
as social and economic through the norms that apply in the environment work .
Every man have their respective rights as a workers . This thing close relation with the
state 's obligation to Fulfill rights worker as citizen,that is for have decent life . because of
Therefore,the Manpower Law was formed which is a set rule written and not related writing
with incident where somebody work for others with accept wages . Rule written made for
ensure rights worker the is Constitution Number 13 of 2003 concerning Employment .
Basically,the company is not very recommend for dismiss its employees . About ban
Termination Connection Work (PHK) things this actually has set with clear in the Labor Law
that is in Article 151 paragraph (1) which reads : " Entrepreneurs,workers / laborers,unions "
workers / union workers and government with all effort must ensure that no there are
layoffs.” Based on rule this is also a worker entitled get protection from action entrepreneurs
who do disconnection connection unilateral layoffs . Article 151 paragraph (1) is form
protection law given by the state as effort prevention disconnection connection work (layoff)
workers . Every worker must get equal and proper treatment without discriminated against
position with entrepreneur,because that Article 151 paragraph (1) guarantees that worker
protected from action arbitrarily by the entrepreneur with consideration that he as
businessman have high position . degree above a workers . so that they feel entitled for To
do Termination Connection One - sided layoffs without thinking the consequences that will
arise for worker on his deeds .
Vice versa with worker to entrepreneur,that worker no can ignore his obligations to
businessman with method decide connection work by one-sided . Though,the company could
To do disconnection connection work (PHK) if agreement work has ends,and if employee
violate agreement work,rules company or agreement work together (PKB), however before
disconnection connection work (PHK), company must give letter warning 3 times in a
row,but in reality actions taken by entrepreneurs to worker the outside provision that is with
no give letter warning or calling same once and without consider reasons and defenses given
by the parties company . workers . Protection law is right basic man as subject law,ok when
he is at in position as individual / private,as well as when he is at in something
community,group or state another . Unilateral layoffs that have been work not enough more
than 11 (eleven) years must willing swallow bitter dismissed by the company that became the
only one source livelihood them . However in accordance with provision in Article 151
paragraph (1), and workers other naturally no stay still and try get protection real from
government,in Thing This is the Labor Department Social (Dinsosnakertrans) as a mediator.
Sadly result dead ends,the company remains on its feet for lay off and workers other with one
reason experience sick prolonged During
2 (two) weeks . For affected workers Termination Connection Work (PHK), reasons
disconnection connection work is very important in determine worthy whether or not worker
the on severance pay,gratuities and compensation . Provision regarding severance pay,service
pay,and replacement money set in Article 156, Article 160 to with Article 169 of the
Manpower Law (Sustainable, 2019) .
There are several things that can cause happening disconnection connection work,that
is according to Article 61 of the Manpower Law,a agreement work could end when :
1. The worker dies;
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2. The term of work contact has expired;
3. There is a court decision or determination of the Industrial Relations Dispute Settlement
Institution which has permanent legal force;
4. There are certain circumstances or events listed in the employment agreement, company
regulations, or collective labor agreement that may result in the termination of the
employment relationship. Considering that there is no good intention on the part of the
entrepreneur to re-employ him, then for the good of both parties, in accordance with the
provisions of Article 151 paragraph (3) that the entrepreneur can only terminate the
employment relationship after obtaining a determination from the Industrial Relations
Court, the provisions of Article 151 also apply. 155 paragraph (2), namely: In fact, what
happened was not in accordance with the applicable regulations. Starting in 2017, it turns
out that employers have prohibited workers from coming to work on the grounds that
workers have been dismissed, so that workers cannot carry out their obligations to work as
regulated in Article 155 paragraph (2). Judging from what has been experienced by
workers who have been laid off, it is clear that the actions of employers who prohibit the
workers from working on the grounds of being laid off deviate from the provisions of the
applicable law, namely the Manpower Act. In addition, from the explanation described
above, it is increasingly clear that in the case of Termination of Employment (PHK)
carried out by Company X, it is an unfair unilateral Termination of Employment (PHK).
This injustice can be seen clearly if one examines the cases that befell these workers,
one example of which is what happened to workers who were laid off due to illness. In the
event that one of the workers affected by this termination of employment, none of the criteria
for the layoff who cannot work because of illness is dismissed on the grounds of being sick
for too long, which is for 2 (two) weeks, even though in the provisions of Article 153
paragraph (1) letter a It is clear that illness should not be used as a reason for termination of
employment (PHK) by the employer. The provisions of Article 153 paragraph (1) letter a are:
“Entrepreneurs are prohibited from terminating employment on the grounds:
Workers/laborers are unable to come to work due to illness according to a doctor's statement
for a period of not more than 12 years. (two twelve) months Keep going continuously ".
If Termination Connection Permanent work (PHK) done,then apply provision Article
153 paragraph (2),namely : the person concerned ". Settlement Agency Dispute Industrial
Relations (LPPHI) in Thing this Court Industrial Relations,then company Required hiring
return his workers . namely : " Termination " connection work without determination as
meant in Article 151 paragraph (3) is null and void by law ”. As has described above,what
happened to one of the laid - off workers no in accordance with Constitution
Employment,namely Article 153 paragraph (1) With disconnection connection work
unilaterally (PHK) by employers to himself,then in accordance with Article 153 paragraph
(2) he could employed return because decision the considered null and void . nd cancelled or
considered no once there is .
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CONCLUSION
Legal protection for employees of Company X who are affected by termination of
employment (PHK) unilaterally is that the layoff of the worker concerned is declared null and
void because based on Article 151 paragraph (3) of the Manpower Law, if the entrepreneur
wants to lay off his workers, he must first previously obtained a determination from the
Industrial Relations Dispute Settlement Institution.
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