Factors That Affect Legal Protection of Workers Who Experience Termination of Employment (PHK) Post The Enforcement of Law Number 11 Of 2020 Concerning Job Creation

Abstract

Termination of Employment (PHK) is still a problem that will not end as long as there are workers and employers. Field Data shows that employment termination disputes (PHK) always dominate industrial relations disputes that occur in Indonesia, meaning that the issue of layoffs is a vital problem that always arises because it concerns the continuity of life of workers and the obligations of employers. After the enactment of Law Number 11 of 2020 concerning Job Creation, it resulted in several changes in the substantive regulations of Employment Law. Likewise with layoffs, through Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation which was promulgated into Law in March 2023, compensation and the reasons that accompany it are also regulated in this Law. This research method uses a literature study that examines various regulations related to the compensation that workers who are laid off should receive. Apart from that, various factors are explained that cause the rights of workers who experience layoffs to not be fulfilled. Law Number 2 of 2022 concerning Job Creation in principle regulates the rights and obligations of the parties in the event of layoffs. Apart from that, there are various reasons and conditions that are permitted and prohibited for workers and entrepreneurs when ending their employment relationship. The consequences of the regulation of layoffs in this Law create an obligation for the parties to comply and implement according to the provisions of the Law. Although in practice there are still parties who ignore or even forget their obligations for various reasons. Therefore, it is necessary to examine the factors that cause these rights to not be fulfilled so that they can affect the protection that workers should receive in the event of layoffs.