Ensuring Legal Protection for Fixed-Term Workers Terminated Before Contract Expiration: Upholding the Principle of Justice
Author (s) : Agus Prasetyo; Made Warka; Hufron; Sri Setyadji
Institution : Doctoral Program of Law, Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Indonesia
Category : Article, IJMMU
Topics : Layoffs; Fixed-Term Workers; Legal Protection; Principle of Justice; Legal Certainty
Abstract : Termination of employment (PHK) of workers with a fixed-term employment agreement (PKWT) before the end of the contract period is a complex problem, especially in the context of legal protection. This study aims to analyze the ratio legis regulation of compensation and damages obligations for PKWT workers who are laid off before the end of the contract period and to develop a concept of legal protection based on the principle of justice. This study uses a normative research method with a statutory and conceptual approach. The theoretical approaches used include the theory of the welfare state law, the theory of legal protection, and the theory of legal objectives. The study results indicate that the ratio legis regulation of compensation and damages obligations aims to provide legal certainty for PKWT workers in a vulnerable position. Although Article 62 of Law No. 13 of 2003 concerning Manpower regulates compensation in the amount of wages until the end of the contract period, this provision conflicts with Article 17 of PP No. 35 of 2021 which regulates the obligation to provide compensation. This conflict of norms creates legal uncertainty that has the potential to harm workers. The concept of legal protection for PKWT workers must be based on the principle of justice that emphasizes the balance of rights and obligations between workers and employers. This protection includes the provision of rights to compensation, severance pay, and sosial security that are fair and proportional. The principle of equal protection is important to ensure that the rights of PKWT workers are equal to those of permanent workers in the context of layoffs before the end of the contract. This study concludes that the regulation of legal protection for PKWT workers requires harmonization of regulations to ensure legal certainty and justice in accordance with the principles of labor law.
Article can be downloaded here >> Ensuring Legal Protection for Fixed-Term Workers Terminated Before Contract Expiration: Upholding the Principle of Justice | Prasetyo | International Journal of Multicultural and Multireligious Understanding
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