Pemenuhan Hak-Hak Pekerja yang Terkena Pemutusan Hubungan Kerja (PHK) Selama Masa Pandemi Covid-19

Abstract

The number of layoffs during Covid-19 due to the presence of the Large-Scale Social Restrictions (PSBB) policy not only has an impact on the health sector, but also has a wide impact on social and economic coverage, especially in the formal and informal employment sector. One of the main problems that arises is the increasing cases of Termination of Employment (PHK) which causes economic uncertainty for workers and their families. The researcher is encouraged to conduct an in-depth analysis of this condition after the enactment of the Job Creation Law, especially in the perspective of fulfilling the rights of workers affected by the pandemic. This study uses a normative legal research method with a legal legal approach, focusing on the employment aspect. Data was obtained through literature studies which included primary sources in the form of laws and regulations, as well as secondary sources in the form of literature, journals, scientific articles, and relevant court decisions. The results of the study show that there are still differences in implementation in fulfilling the rights of workers who have been laid off during the pandemic. Based on the decisions analyzed, it was found that there are still cases where workers do not get their rights in full, either related to severance pay, service award money, or other compensation money that should be guaranteed by law. These findings indicate that the role of judges in deciding layoff cases is very important to ensure maximum justice and protection for workers. Therefore, the author recommends that judges in deciding cases related to layoffs be guided by the principles of labor law, the principles of social justice, and applicable laws and regulations.