Company Policy on Termination of Employment at Pandemic Covid-19 From a Fair and Justice Perspective

DOI

10.2991/assehr.k.201209.359How to use a DOI?

Keywords

Company, Termination of Employment, Covid-19

Abstract

Currently the spread of the Covid-19 Virus develops rapidly not only in Indonesia but almost all over the world, before the new normal applied by the government, almost most cities in Indonesia implemented a large-scale social restriction (hereinafter called PSBB) It means that all activities are done at home to slow down and stop the distribution of the Covid-19 Virus including study, worship, and work. Because the government policy has finally made some companies in Indonesia to choose to do a termination of employment (hereinafter called PHK) that resulted in the number of employees who are not able to work. In this case it is necessary the role of labour, government and the company to negotiate in order to provide a solution and legal certainty, because in law No. 13 year 2003 about employment itself is not described in detail related to disease or pandemic outbreak Covid-19 This is included in circumstances that compel “Force Majeur” or Hardship state “boiled sic stantibus”. Because the present state is new to normal how the workers, fate affected by termination of employment relationship is on the call back or even vice versa. In this case it is important to note the aspects of the specificity and fairness in the company’s policy considering that on the one hand will increase the amount of unemployment in Indonesia, while if the company retains its employees in the crisis, then the company could potentially suffer losses that lead to bankruptcy conditions.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Prawitra Thalib
AU  - Herman
AU  - Sri Winarsi
AU  - Faizal Kurniawan
AU  - Wahyu Aliansa
PY  - 2020
DA  - 2020/12/14
TI  - Company Policy on Termination of Employment at Pandemic Covid-19 From a Fair and Justice Perspective
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 741
EP  - 747
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.359
DO  - 10.2991/assehr.k.201209.359
ID  - Thalib2020
ER  -