Research Article
Default Settlement in Employment Contract in Legal Perspective
@INPROCEEDINGS{10.4108/eai.12-11-2022.2327349, author={Fithry Khairiyati and Faisal Santiago and Boy Nurdin}, title={Default Settlement in Employment Contract in Legal Perspective}, proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2023}, month={2}, keywords={default employment contract agreement employment}, doi={10.4108/eai.12-11-2022.2327349} }- Fithry Khairiyati
Faisal Santiago
Boy Nurdin
Year: 2023
Default Settlement in Employment Contract in Legal Perspective
MIC
EAI
DOI: 10.4108/eai.12-11-2022.2327349
Abstract
In the civil law, the freedom to make an agreement is given to everyone, either the agreement in form or material, as long as the agreement does not conflict with the rule of law, decency, and decency in society. When an agreement is made and binding on the parties, the next thing to pay attention to is how the agreement is implemented. in this case the employment agreement. If there are parties who do not carry out the contents of the agreement, there will be a default and if the party’s default in the employment relationship of a person who is in default, various problems will arise which are carried out by the worker. In the employment relationship, a worker who is in default will cause various problems that arise which are carried out by the worker, namely resigning while still being bound by a contract agreement with the company, and resigning without giving 30 days' prior notice. A normative juridical approach to the title's laws and regulations is used in this research method. Employees who abruptly resign from the company without prior notice, in violation of the provisions of Article 162 paragraph (3) of Law Number 13 of 2003 concerning the terms of resignation, are the focus of this study's discussion. According to Article 162 paragraph 3 of Law No. 13 of 2003, employees are prohibited from resigning during the work contract period.
