PERLINDUNGAN HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA (PHK ) PADA MASA PANDEMI COVID 19 DITINJAU DARI UNDANG – UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Abstract

As a result of Covid-19, Indonesia is facing various economic problems. Since February 2020, economic growth has declined drastically, placing businesses in a financial crisis, which has had a significant impact on decision making. One is that maintaining the number of employees will be expensive for the business. This makes the organization expected to spend quite a lot of money in terms of maintaining a strategic distance from end of business (PHK) to representation. The research entitled Legal Protection Against Termination of Employment (PHK) During the Covid 19 Pandemic Period is reviewed from the Job Creation Law No. 11 of 2020 with the aim of knowing the form of corporate responsibility in fulfilling the rights of workers who were laid off unilaterally by Companies and Legal Protection of the Rights of Workers Laid Off Due to the Covid Pandemic. This research uses normative law research methods. The author uses primary data sources as the main data source, which includes laws and regulations Number 11 of 2020 concerning Job Creation, Law Number 2 of 2004 concerning the settlement of Industrial Relations and Government Regulation Number 35 of 2021 concerning Work Agreements for a Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment. This research concludes that Article 156 paragraph (1) of Law Number 11 of 2020 Concerning Job Creation, employers are required to fulfill the rights of workers who experience termination of employment (PHK) if there is termination of employment (PHK) the employer must pay severance pay, award money years of service, and the right to reimbursement of money in the event of termination of employment. Through the Industrial Relations Settlement Institute, workers and laborers can take legal action if the employer does not uphold their rights and legal protection for workers/laborers is the protection of the right to terminate employment relations, workers/laborers have the right to receive compensation from the employer if layoffs take place, compensation consists of for severance pay, gratuity pay, and compensation for rights. Arrangements regarding compensation in Law No. 13 of 2003 concerning Manpower have been amended through Law No. 11 of 2020 concerning Job Creation

Keywords : Termination of Employment, Covid 19, Employment