Comparison Between Law Number 13 of 2003 and Government Regulation Number 35 of 2021 in Termination of Employment for Workers, Certain Time Employment Agreements in the Contract Period Associated with the Employment Creation Law
- DOI
- 10.2991/978-2-38476-279-8_15How to use a DOI?
- Keywords
- Workers; Work Relations; Legal Protection
- Abstract
The purpose of this research is to analyze the legal protection for PWKT workers who get terminated during the contract period. The research was conducted using juridical-normative legal research. The results showed, firstly, legal protection for PKWT workers who were terminated based on the Labor Law did not provide maximum legal protection for workers/laborer. Article Number 62 of the Manpower Law only provides compensation in the number of wages PKWT workers/laborers until the deadline for the expiration of the work agreement period. Second, the ratification of the Job Creation Law and Government Regulation Number 35 of 2021 raises legal problems in the form of conflicting norms (antyNomy Normen) and does Not yet reflect legal protection in the theory of fair, certain and beneficial legal objectives. In the event of layoffs for PKWT workers during the contract period, Government Regulation Number 35 of 2021 as a derivative regulation of the Job Creation Law requires Employers to provide compensation money, the amount of which is calculated based on the PKWT period that has been carried out by Workers/Labourers, then the Norm Article 16 of Government Regulation No 35 of 2021 contradicts a higher Norm, namely Article 62 of the Labor Law.
- Copyright
- © 2024 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Wisely Wisely AU - Endah Pertiwi PY - 2024 DA - 2024/08/30 TI - Comparison Between Law Number 13 of 2003 and Government Regulation Number 35 of 2021 in Termination of Employment for Workers, Certain Time Employment Agreements in the Contract Period Associated with the Employment Creation Law BT - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023) PB - Atlantis Press SP - 124 EP - 131 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-279-8_15 DO - 10.2991/978-2-38476-279-8_15 ID - Wisely2024 ER -