Tinjauan Terhadap Tenaga Kerja Yang Di PHK (Pemutusan Hubungan Kerja) Di PT. Ramayana Duri Akibat Pengaruh Dari Wabah Virus Covid-19 Di Duri

Rosef, Sarah Anjani (2022) Tinjauan Terhadap Tenaga Kerja Yang Di PHK (Pemutusan Hubungan Kerja) Di PT. Ramayana Duri Akibat Pengaruh Dari Wabah Virus Covid-19 Di Duri. Other thesis, Universitas Islam Riau.

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Abstract

According to the (WHO) World Health Organization or often known as the World Health Organization, COVID-19 is a disease virus that can have an impact on either animals or humans, and this virus was first discovered in a small city, namely China, at the end of 2019. Cause The impact of this termination of employment (PHK) is the result of the COVID-19 virus outbreak. A company can terminate the employment relationship if it is based on reasons in the form of circumstances experienced by the entrepreneur which resulted in the employment relationship being untenable and the solution is only to terminate the employment relationship to the employee. This situation is regulated in Article 164 and Article 165 of Law Number 13 of 2003 concerning Manpower, including: first, a company that suffers losses for 2 (two) years in a row which causes the company to close or the cause is due to force majeure or the closure of the company. caused by companies that do efficiency. Second, the company went bankrupt. The research conducted is observational law research with a statutory approach and a case approach taken from primary legal materials and secondary legal materials. Based on the results of the study, it is understood that the 2019 corona virus disease pandemic does not meet the criteria for force majeure, because force majeure is a situation caused by natural disasters while the 2019 corona virus disease pandemic is a non-natural disaster in accordance with Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (covid-19) as National Disasters. Employers may terminate employment on the grounds that the company is performing efficiency as regulated in Article 164 paragraph (3) of Law Number 13 of 2003 concerning Manpower, provided that the 2019 corona virus disease pandemic has an impact on the company being permanently closed on condition that it is preceded by several stages of effort, namely: : reducing wages and facilities for top-level workers, for example at the level of managers and directors, reducing shifts, limiting or eliminating overtime work, reducing working hours, reducing working days, furnishing or laying off workers/labourers in rotation for a while, not or extending contracts for workers whose contract period has expired, provides pensions for those who meet the requirements, as referred to in the Constitutional Court Decision Number 19/PUU-IX/2011 dated June 20, 2012. If the entrepreneur uses the 2019 coronavirus disease pandemic to illegally terminate employment, then workers can make demands in the lawsuit by containing alternative demands, namely: demanding to be re-employed or claiming rights in accordance with Law Number 13 of 2003 concerning Manpower.

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