PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG MENERIMA UANG PESANGON TIDAK SESUAI UNDANG-UNDANG PADA PT. TRI DELMITA MANDIRI

Abstract

Protection of workers is intended to guarantee basic rights of workers
and ensure equality and treatment without discrimination on any basis to realize
the welfare of workers and their families while still paying attention to
developments in the progress of the business world and the interests of employers.
Legislation related to the protection of workers Law Number 13 of 2003
concerning Manpower and the Implementing Regulations of the legislation in the
manpower sector. Legal protection for workers is very necessary given the
position of workers on the weak side. Law Number 13 of 2003 provides protection
for workers which includes people who have not worked, people who are
currently engaged in an employment relationship (workers / laborers), and people
who have terminated their employment relationship. In the event of termination of
employment, the entrepreneur is obliged to pay severance pay and / or service pay
and compensation for entitlements that should have been received.
From the results of the research and discussion, there are two main
points that can be concluded. First, protection of workers is a legal imperative
because the rights of workers who have been laid off are related to the needs of a
person so that the government must protect these rights. All workers are protected
by Law Number 13 of 2003 concerning Manpower, whether they are looking for
work, who are currently working or who have already been laid off. The rights of
laid-off workers have been described in Law Number 13 of 2003 concerning
Manpower. Second, the inhibiting factor for companies to pay severance pay in
accordance with applicable regulations is due to economic factors. The company
experienced a decrease in income due to the emergence of competitors, which
affected the company's income. Because the company has experienced a decline,
the company is unable to pay severance pay in accordance with the provisions of
Law Number 13 Year 2003 concerning Manpower.
Keywords : Termination of Employment, Severance Pay.