LEGAL PROTECTION OF THE RIGHTS OF PERMANENT EMPLOYEES THAT HAVE BEEN LAID OFF DURING COVID-19 (DECISION NO. 23/PDT.SUS-PHI/2021/PNPGP )

Abstract

Workers/employees are bound by a work agreement with the company as a labor provider. Where the work agreement states the rights and obligations of both parties which are regulated and protected by the Manpower Act and amended by the Job Creation Act. The Covid-19 pandemic has caused many company employees to be laid off. Companies that carry out layoffs are required to provide rights to employees during the layoff period, namely full salary. This is regulated by Article 93 paragraph 2 letter f of the Manpower Act no. 13 of 2003, which states that employers are responsible for paying workers, if workers are willing to do the promised work, but if the labor provider does not hire them because of their own fault or because of obstacles that the company can avoid. But in reality, the employee did not receive the compensation and it ended in Termination of Employment (PHK) as happened in the case of the school, in accordance with Decree No: 23/PDT .SUSPHI/2021/PNPGP. The purpose of this paper is to find out that employees are still entitled to their rights while at home and to find out whether the judge's decision on the case is in accordance with the revised labor law in the Job Creation Act or not. The research was conducted using a normative juridical research method with secondary data sources of legal material in the form of laws and regulations as well as decisions and circulars related to employment with a descriptive legal nature of research. Based on the analysis of the research results, it can be concluded that PKWTT employees who are laid off still receive their rights protected by law..