Legal Protection Against Workers who are victims of termination of employment relationship at PT. RIAU ABDI SENTOS

Abstract

Termination of employment (PHK) that occurs due to workers who experience severe illness for a long period of time. Layoffs that occur to workers of PT Riau Abdi Sentosa (RAS) in Pekanbaru where there is one worker who has worked for more than 10 years, but at one time the worker experienced severe illness that made him unable to carry out work activities as usual. So, how is the legal protection of workers who are victims of layoffs and how is the settlement of disputes against workers who are victims of layoffs at PT RAS (study of cassation decision number 2 K/Pdt.Sus-PHI/2023 Jo decision number 8/Pdt.Sus-PHI/2022/PN Pbr) based on PP No. 35 of 2021 concerning PKWT, Outsourcing, Working Time and Rest Time, and Layoffs. This research uses normative legal research methods by examining library materials, tracing literature related to the subject matter, while the nature of this research is descriptive analytical to provide a more thorough description and data regarding legal protection of workers. Data sources are primary, secondary, and tertiary legal materials, qualitative data analysis, namely analyzing by describing and then comparing data with laws and regulations or expert opinions. Next, the method of withdrawing data is carried out deductively, namely withdrawing from general matters to specific matters. The results of this study concluded that in the first level decision, the judge considered that the reason why the worker could not attend work to the company was true because of illness based on a doctor's certificate and evidence of requests for permission by workers to their superiors. Meanwhile, in the cassation level decision, the judge considered that the worker was proven to be absent since 31 May 2021, this was because the worker's sick certificate stating that he was hospitalized was from 3 June 2021 (vide evidence T-3). Because there is a time difference from May 31, 2021 to June 3, 2021, the elements of the worker having violated the Company Regulation are fulfilled.