Payment of Severance as Compensation for Termination of Employment According to Law No. 13 of 2003 on Employment (A Case Study Verdict No. 1238 K / PDT. SUS-PHI/2020)
- DOI
- 10.2991/assehr.k.220404.140How to use a DOI?
- Keywords
- Termination of Employment; Industrial Relations; Severance
- Abstract
Employers, workers, trade unions, and the government with Every effort must be made to prevent termination of employment, in article 151 of Law no. 13 of 2003 concerning Employment explains that workers and employers must try as much as possible to avoid termination of employment. If the negotiations still haven’t found a way out, then layoffs can only be done carried out after there is a determination from the relationship dispute settlement agency industrial. Termination of employment carried out without consent The institution for the settlement of industrial relations disputes is null and void. That is, layoffs are considered to have never existed. This is confirmed by Article 155 Paragraph (1) of Law No. 13 of 2003 concerning Manpower. If every effort has been made, but termination of employment cannot be avoided, the intention of terminating the employment relationship must be negotiated by the employer employment and trade unions, or with the workers concerned do not become union members, resulting in an agreement. Constitution The Republic of Indonesia Number 13 of 2003 concerning Manpower (Labor Law) has regulated the procedures for implementing layoffs so that there is a reference that can be used by workers to observe layoffs made by the employer. Other forms of industrial relations are: there is a clear arrangement between the rights and obligations that occur between workers, this matter is done clearly in an individual contract.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Alfian Nurdiansyah AU - Gunardi Lie PY - 2022 DA - 2022/04/21 TI - Payment of Severance as Compensation for Termination of Employment According to Law No. 13 of 2003 on Employment (A Case Study Verdict No. 1238 K / PDT. SUS-PHI/2020) BT - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021) PB - Atlantis Press SP - 880 EP - 883 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220404.140 DO - 10.2991/assehr.k.220404.140 ID - Nurdiansyah2022 ER -