Analisis Yuridis Tentang Perjanjian Kerja Waktu Tertentu Yang Diakibatkan Pandemi Covid 19 Ditinjau Dari PP No 35 Tahun 2021 Tentang PKWT, AD, WK Dan WI, Dan PHK

Qoriah, Dinda (2022) Analisis Yuridis Tentang Perjanjian Kerja Waktu Tertentu Yang Diakibatkan Pandemi Covid 19 Ditinjau Dari PP No 35 Tahun 2021 Tentang PKWT, AD, WK Dan WI, Dan PHK. Other thesis, Universitas Islam Riau.

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Abstract

Government Regulation No. 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations also stipulates that there are no changes to the provisions of Law no. 13 of 2003 concerning Manpower. The precarious employment relationship between workers/labor and employers is based on a work agreement for a certain time (PKWT). A certain time work agreement (PKWT) is a work agreement between a worker/laborer and an entrepreneur to establish a working relationship for a certain period of time or for certain temporary jobs (Article 1 point 1 Decree of the Minister of Manpower and Transmigration No. KEP 100/MEN/VI/ 2004 concerning Provisions for the Implementation of a Specific Time Work Agreement (hereinafter referred to as Kepmen 100/2004) Thus, a work agreement for a certain time means that in the agreement a period of time is determined which is linked to the length of the working relationship between the worker/laborer and the entrepreneur. This type of research is included in the research group of SociologicalNormative Legal Research (mixed methods), namely data collection techniques, where researchers make observations directly to the object of research to be close to the activities carried out and then analyzed using library methods in order to concrete research. Meanwhile, in terms of its nature, this research is descriptive analytical. The conclusions that can be obtained from the results of the study are First, Legal Liability for Companies for Cancellation of Certain Time Work Agreements Due to the Covid-19 Pandemic When viewed from Government Regulation Number 35 of 2021, namely Certain Time Work Agreements can be canceled due to forced circumstances such as the occurrence of a pandemic. Covid-19. The Covid-19 pandemic is used as an excuse for force majeure for employers in terminating employment. Force Majeure can legally be used as an excuse by business actors to lay off their workers. Business actors or employers are required to prove that there are extraordinary events that prevent business actors from fulfilling their obligations. Second, Dispute Resolution on the Cancellation of Certain Time Work Agreements Due to the Covid-19 Pandemic, namely Force Majeure, can legally be used as an excuse by business actors to lay off their workers. This is as stated in Article 164 Paragraph (1) of Law No. 13 of 2003 concerning Manpower, namely: "Entrepreneurs can terminate the employment relationship of workers/laborers because the company is closed due to the company experiencing continuous losses for 2 (two) years. , or force majeure, provided that the worker/ laborer is entitled to severance pay of 1 (one) time as stipulated in Article 156 paragraph (2), the service period award is 1 (one) time as stipulated in Article 156 paragraph (3) and replacement of rights in accordance with the provisions of Article 156 paragraph (4).

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