Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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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

Authors
Wisely Wisely1, *, Endah Pertiwi1
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: wisely_hk20@nusaputra.ac.id
Corresponding Author
Wisely Wisely
Available Online 30 August 2024.
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.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_15How to use a DOI?
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

risenwbib
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  -