PERSPEKTIF NORMA PEMBERIAN UANG KOMPENSASI PESANGON PEKERJA PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN UNDANG-UNDANG NO.11 TAHUN 2020 TENTANG CIPTA KERJA DIHUBUNGKAN KEPASTIAN HUKUM

Abstract

The development of the business world in the millennial era, as it is today, requires that everything is cheap but still of high quality, so a strategy is needed on how to minimize costs but produce maximum performance. In the era before 2000 the status of workers was permanent or organic employees, in line with developments in the era after 2000 so that employers needed a strategy to employ employees in certain sections by hiring workers with a certain time work agreement status (PKWT). Managed by outsourcing companies. In the employment relationship, several matters related to the bond between the employer and the worker have been regulated. In this discussion, the discussion is devoted to PKWT. Furthermore, in these provisions, both those contained in Law number 13 of 2003 concerning Manpower and also in the provisions of Law number 11 of 2020 concerning Job Creation, however, in their implementation they still raise legal issues, giving rise to a dilemma for employers, especially in relation to the payment of compensation for workers with the status of a specified time work agreement (PKWT) as stipulated in Law Number 11 of 2020 concerning Job Creation, Part Two of Employment Article 80, namely the birth of the provisions of Article 61A and the subsequent issuance of the Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for a Specific Time, Outsourcing, Working Time, Rest Time and Termination of Employment. So in this regard, it is certainly not easy for employers to carry out these provisions, therefore employers as employers will experience difficulties if they provide severance compensation for the PKWT which is managed by an outsourcing service company, even though on the other hand it is legal protection for PKWT, as it has been stipulated in these provisions that severance pay for PKWT workers with a minimum working period of 1 month, employers are required to provide severance pay compensation calculated proportionally in a year. This happens, for example, companies engaged in cleaning services, parking, security and so on. In this study the authors used the type of research on normative juridical law which emphasizes the analysis of legal products such as laws and regulations, but also relates to the reality that occurs in society. The purpose of this study is to find out how far the provisions on providing severance compensation for PKWT can be applied by outsourced companies. Furthermore, the output target in this report is published in July 2023.