Rafif Siraj, Muhammad (2023) Pertimbangan Majelis Hakim Dalam Menentukan Hak Pekerja Yang Terkena Pemutusan Hubungan Kerja (phk) Tanpa Kesalahan Di Pengadilan Hubungan Industrial Pada Pengadilan Negeri Pekanbaru Berdasarkan Peraturan Pemerintah Nomor 35 Tahun 2021 Tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja Dan Waktu Istirahat, Dan Pemutusan Hubungan Kerja. Other thesis, universitas islam riau.

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Abstract

Termination of employment is still a labor problem in Indonesia, the high rate of termination of employment occurs due to workers' mistakes and workers do not get the rights that should be received between workers and employers resulting in unavoidable disputes. The occurrence of termination of employment relations obliges the employer to carry out its obligations in fulfilling workers' rights, one of which is the fulfillment of severance rights which has been regulated in laws and regulations. The main problem of this research is how the consideration of the Panel of Judges of the Industrial Relations Court at the Pekanbaru District Court determines the severance rights of workers affected by termination of employment without fault and what are the obstacles for the Panel of Judges in determining the severance rights of workers affected by termination of employment without fault. The type of research used in this study is a type of observational research, namely by means of researchers going to the field to obtain information and data. The nature of this research is analytical descriptive, namely describing data taken from the research location and analyzed based on statutory regulations. The results of the study show that the Panel of Judges at the Industrial Relations Court at the Pekanbaru District Court in determining severance rights for workers affected by termination of employment without fault is based on fairness in terms of years of service and chronology of cases or reasons for termination of employment. The inhibiting factor for the Panel of Judges is the absence of laws, existing agreements, and customs governing the amount of severance rights for workers affected by termination of employment in a case of termination of employment without fault. Termination of Employment, Without Fault, Severance Rights, Panel of Judges.

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