PERLINDUNGAN HUKUM HAK PEKERJA ATAS PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN PANDEMI COVID-19 BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Abstract

The purpose of this study is to review and analyze the legal protection of workers who experience termination during the COVID-19 pandemic based on Law No. 11 of 2020 concerning Job Creation. Reviewing and analyzing the validity of the law related to the reasons for entrepreneurs to lay off during the COVID-19 pandemic.
The Covid-19 pandemic has had a devastating impact on the weakening of the economy of the community and the State. Many companies affected by Covid-19 have been forced to lay off their employees and terminate their employees.
The method of approach in this writing is normative juridical. The specifics of this study used descriptive analytics. The data source uses skunder data. Data collection techniques use the study of document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
Legal protection of workers who experience termination during the COVID-19 pandemic based on Law No. 11 of 2020 concerning Job Creation, is based on 3 (three) stages of division, namely pre-layoff, layoff process, and after the layoff. In the pre-layoff stage, the form of legal protection provided is that employers are required to save working time and improve work methods, to avoid layoffs to workers. At the stage of the layoff process, the form of legal protection provided is that workers are entitled to conduct bipartite negotiations or in the PPHI (tripartite, PHI) mechanism on the condition that workers agree to be laid off. However, if in the process at PHI, the judge stated that employers can lay off even if the workers do not agree, the layoffs stipulated by PHI are still legally valid. The stage after the layoff occurs, the form of legal protection provided is the fulfillment of rights, such as severance pay, employment award money, and also reimbursement money. The validity of the law related to the reasons for entrepreneurs in carrying out layoffs during the COVID-19 pandemic, namely entrepreneurs in carrying out layoffs, entrepreneurs must have valid reasons and not conflict with laws and regulations. Article 153 paragraph (1) of the Job Creation Law contains several reasons that are prohibited from being used in carrying out layoffs, namely because of illness according to a doctor's statement, unable to carry out work because it fulfills obligations to the state, carrying out worship according to its religion, getting married, pregnant, giving birth, falling pregnant, or breastfeeding the baby, having blood ties and/or marital ties with other workers or laborers in one company, Being a member or managing the activities of a trade union or laborer, complaining about employers for committing criminal crimes to authorities, different understandings, religion, sect, politics, and the latter in a state of permanent disability or illness due to work accidents. These reasons, if used, the layoffs that occur are null and void.
Keywords: Legal Protection, Workers' Rights, Termination of Employment, Covid-19 Pandemic