Formulation of the Principle of Fairness in Settlement of Industrial Relations Disputes

DOI

10.2991/assehr.k.211203.073How to use a DOI?

Keywords

Fairness; Labor disputes; Unequal relations

Abstract

A crucial problem in the scope of employment is the issue of severance pay in terms of termination of employment (PHK). Particularly in the current situation of the Covid-19 pandemic, layoffs are very massive. Some employers ignore the normative provisions regarding severance pay as regulated in Law Number 11 of 2020 concerning Job Creation. In this condition, the settlement of disputes between workers and employers must be based on a professional and proportional, and dignified manner. The type of research in this study is normative law with a statute approach. The data used are secondary data, including primary legal materials, secondary legal materials, and tertiary materials collected through a literature study that is analyzed qualitatively. Industrial relations disputes must be pursued first through bipartite negotiations by deliberation to reach a consensus. If bipartite negotiations fail, one or both parties shall register their disagreement with the authorized local agency responsible for employment by attaching evidence showing that efforts to resolve through bipartite negotiations have been carried out. After receiving a record from one or both parties, the local agency responsible for employment is obliged to offer the parties to agree on the option of resolving the problem, either through conciliation or arbitration. If the two parties do not reach an agreement in the settlement process, either through conciliation or mediation, either party may file a lawsuit with the Industrial Relations Court. With the legal formulation on the settlement of labor disputes which follows the stage of deliberation by both parties, then the presence of the state, and comes to the stage of judicial review, the normative provisions have represented the principle of legal fairness based on Pancasila justice.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Muhamad Ali Fitran
AU  - Faisal Santiago
PY  - 2021
DA  - 2021/12/03
TI  - Formulation of the Principle of Fairness in Settlement of Industrial Relations Disputes
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 327
EP  - 332
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.073
DO  - 10.2991/assehr.k.211203.073
ID  - Fitran2021
ER  -