HAK ATAS UPAH PEKERJA PADA PERUSAHAAN YANG DINYATAKAN PAILIT DALAM PERSPEKTIF HUKUM KETENAGAKERJAAN

Abstract

In a company, workers are a very important element, because workers have roles and functions in producing goods and/or services for the development of a company. A balanced working relationship will be created if the workers' rights are fulfilled by the company. Especially when workers carry out their work for the company to the fullest, the company must also fulfill the rights of its workers as stipulated in Law no. 13 of 2003 concerning Manpower and Law no. 11 of 2020 concerning Job Creation. Bankruptcy is the legal position received by the debtor because of a bankruptcy decision by a justice institution. As a result of the bankruptcy decision, the debtor's assets are placed under confiscation which can make the debtor unable to own his wealth. This is because until the bankruptcy estate settlement is completed by the bankruptcy estate management in Bankruptcy Legal and PKPU is called a Curator. The purpose of this writing is to find out how the law regulates the rights and legal protection of workers affected by termination of employment. The research method used is a normative juridical approach, in a normative juridical approach through secondary data, namely data obtained from various related sources that can help solve the problems in this study. In this study, it was concluded that the position of workers' wages in fulfillment is bankruptcy estate debt, before being distributed to creditors, bankruptcy costs must be paid first, including separatist creditors. So workers' wages take precedence over separatist creditors and concurrent creditors. Workers are considered as privileged creditors, should get workers' rights if the company is bankrupt, but if a bankrupt company does not fulfill its obligations to provide for workers' rights, workers come directly to the curator appointed by the court and if they do so by taking legal action, namely a renvoii lawsuit or other lawsuits. Because the curator is responsible for managing bankruptcy assets. The rights obtained by workers when their company experiences bankruptcy are regulated in the Regulations on Manpower and legal remedies for workers to obtain their rights related to company obligations related to bankruptcy and postponement of obligations to pay debts by submitting PKPU so that the debtor can submit a settlement plan. by offering debt repayment to creditors