ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS TINDAKAN PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK OLEH PERUSAHAAN MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Abstract

Termination of Employment is the ending of an employment relationship due to a specific reason, resulting in the termination of the rights and obligations between an employee and the company. Termination of employment can lead to the loss of a person's livelihood. However, in many cases of employee termination, companies do not fulfill the rights and obligations of the employee as stipulated in Law Number 13 of 2003 concerning Manpower. In this study, the main issues are: how is the legal protection for employees who experience unilateral termination of employment, what efforts have been made regarding legal protection for employees, and what are the basis of the judge's considerations in deciding the case. This research uses a normative juridical method, so the data obtained is analyzed qualitatively using secondary data sources. The theoretical foundation refers to the theory of the rule of law, legal protection, and justice. The results of the study show that the legal protection for the Plaintiff and the Defendant in cases of unilateral termination of employment, the Plaintiff received legal protection from the labor union DAPEDA-SBNI of Medan City and the Manpower Office of Medan City. The efforts made include two failed bipartite negotiations. As a last resort to obtain justice for their severance pay, the Plaintiff filed this case with the Industrial Relations Court at the District Court of Medan City. The judge's basis for deciding this case is to focus on the employment relationship status between the Plaintiff and the Defendant, and it is proven that there is no written employment agreement, making it clear that the employment relationship has no legal strength.