JURIDICAL ANALYSIS OF THE POSITION OF EMPLOYEES IN THE COOPERATION AGREEMENT FOR THE MANAGEMENT OF CIPANAS INDAH RESORT HOTEL WITH THE REGIONAL GOVERNMENT OF GARUT REGENCY

Abstract

This research analyzes the position of employees in the cooperation agreement for the management of Cipanas Indah Resort Hotel between the Regional Government of Garut Regency and CV. Wulandari, especially related to severance pay rights and obstacles during the management transition. The background of the research is based on the protection of labor rights guaranteed by the 1945 Constitution and the Manpower Law, as well as legal complexities in changing the status of regional asset management. The formulation of the problem includes: the position of employees in the distribution of severance pay after the transfer of management, and legal constraints in the transition process related to the payment of labor rights. The research method uses a normative-juridical approach with IRAC (Issue, Rule, Analysis, Conclusion) analysis, examining laws and regulations, cooperation documents, and court decisions. The results of this study show disparities in the calculation of severance pay due to the ambiguity of the status of non-ASN employees, as well as violations of the Transfer of Undertakings Protection of Employment (TUPE) principle that ignores the accumulation of length of service. The conclusion emphasizes the importance of tripartite agreements and adjustments to the structure of normative rights to ensure legal certainty and justice for all parties.