Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Legal Certainty of Payment of Workers Rights Due to Termination of Employment in Post Job Creation Law

Download315 downloads
  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312521,
        author={Christina N.M. Tobing},
        title={Legal Certainty of Payment of Workers Rights Due to Termination of Employment in Post Job Creation Law},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={criminal sanctions; legal certainty; worker rights},
        doi={10.4108/eai.14-4-2021.2312521}
    }
    
  • Christina N.M. Tobing
    Year: 2021
    Legal Certainty of Payment of Workers Rights Due to Termination of Employment in Post Job Creation Law
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312521
Christina N.M. Tobing1,*
  • 1: Pelita Harapan University, Lippo Plaza Medan 5th - 7th Floor Jl. Imam Bonjol No. 6, Medan, North Sumatra
*Contact email: christina.tobing@lecturer.uph.edu

Abstract

Termination of employment are crucial for workers, especially during the Covid-19 pandemic, many workers were laid off. The Manpower Law has provided protection to workers who have been laid off in the form of severance pay, service pay and compensation for rights that must be paid by employers. So far there has been no legal certainty regarding the fulfillment of workers' rights, even though it has permanent legal force from the Industrial Relations Court Decision. The Employment Cluster Job Creation Law adds to the provisions for criminal sanctions against employers who do not carry out these obligations. It is interesting to describe the legal certainty of paying workers' rights due to layoffs after the Job Creation Law, which in fact requires the attention of all stakeholders and the court in its enforcement.