Legal Protection of the Rights of Workers Who Have Discontinued Termination of Employment Due to the Impact of the Covid-19 Pandemic

Abstract

This study aims to examine the legal protection of the rights of workers who have experienced Termination of Employment (PHK) by employers as a result of the Covid-19 pandemic and solutions to the problem of Termination of Employment (PHK) during the Covid-19 pandemic in order to create legal protection of the rights optimum workers. The research method is normative legal research using a statutory approach. The legal materials in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is the technique of literature study or document study. The law material analysis technique used in this research is the syllogism method which uses a deductive mindset. The results of the research show that the regulations issued by the government regarding termination of employment for workers are regulated in Law Number 13 of 2003 concerning Manpower, then some of the provisions were amended in Law Number 11 of 2020 concerning Job Creation and supplemented in Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Rest Time, and Termination of Employment. As well as protection for workers who have experienced layoffs during a pandemic has not fully provided protection for workers who have been laid off, because there are indeed no specific rules made by the government to protect workers during a pandemic. As well as there are entrepreneurs who made layoffs during the Covid-19 pandemic which did not comply with applicable regulations. A solution to the problem of termination of employment is needed during the Covid-19 pandemic in order to optimally create legal protection for workers' rights.