Published date: Jul 24 2023

Journal Title: KnE Social Sciences

Issue title: Third Economic, Law, Education and Humanities International Conference (3rd ELEHIC)

Pages: 63–76

DOI: 10.18502/kss.v8i13.13744

Maiyestati .maiyesti1964@gmail.comFaculty of Law of Bung Hatta University, Padang

The termination of employment relationship, to workers, means the beginning of all ends, having job, their ability of funding daily life needs for them and their family, their ability of funding their children’s tuition, and etc. However, in fact it cannot be precluded entirely. The problems discussed are: 1) What is the procedure of Employment Relationship Termination Viewed from Law Number 11 of 2020 about Job Creation and Government Regulation Number 35 of 2021? What are the rights the workers get due to the termination of Employment Relationship? Type of research employed in this study is normative/juridical law research conducted by means of studying literature or secondary data only and analyzing it qualitatively, through classifying data by the aspects studied rather than using numbers. The procedure of employment relationship termination, viewed from Law Number 11 of 2020 about Job Creation and Government Law No.35 of 2021, can be done in several ways: 1) the Termination of Employment Relationship should be informed first to the workers, 2) the Termination of Employment Relationship is informed through the first, the second, and the third warnings, 3) the Termination of Employment Relationship with first and the last warnings, without the second warning, and 4) Employer can terminate the Employment Relationship directly. The rights the workers get due to the termination of employment relationship are as follows. The employers obligatorily provide severance pay or long service pay and compensation rights pay the workers should receive. In relation to severance pay, long service pay, and compensation rights pay, the workers are classified into three: 1) Workers who are terminated and given severance pay, long service pay, and compensation rights pay; 2) workers who are terminated without severance pay but given long service pay and compensation rights pay only; and 3) workers who are terminated without severance pay, long service pay, and compensation rights pay, and company only gives a little grant for their family.

Keywords: termination, relationship, employment, job creation

[1] Abdul Rachman Budiono, 1995, Hukum Perburuhan di Indonesia, Rajawali Pers, Jakarta.

[2] FX Djumialdji, 1994, Perjanjian Kerja, Bumi Aksara, Jakarta.

[3] Halili Toha dan Hari Prarmono, 1991, Hubungan Kerja Antara Majikan dan Buruh, Rineka Cipta, Jakarta.

[4] Matthew B. Miles. A. Michael Huberman, 1992, Analisis Data Kualitatif, UI Press, Jakarta.

[5] Soerjono Soekanto & Sri Mamudji, 1990, Penelitian Hukum Normatif Suatu Tinjauan Singkat, Rajawali Pers, Jakarta.

[6] Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan (Law Number 13 of 2003 about Manpower)

[7] Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja (Law Number 11 of 2020 about Job Creation)

[8] Peraturan Pemerintah Republik Indonesia Nomor 35 Tahun 2021 Tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja (Republic of Indonesia’s Government Regulation Number 35 of 2021 about Fixed-Term Employment Agreement, Outsource, Working Time and Breaking Time, and Employment Relationship Termination).