Pratama, Dewa Mulya (2025) Pemutusan Hubungan Kerja (PHK) Tanpa Ganti Rugi Berdasarkan PP No.35 Tahun 2021. Other thesis, Universitas Islam Riau.

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Abstract

Termination of Employment (PHK) is a policy often taken by employers to stabilize the company's financial condition. However, in its implementation, termination of employment must follow established legal procedures, including negotiations and determination by industrial institutions to be legally valid. Legal protection for workers experiencing termination is regulated in Government Regulation Number 35 of 2021, which governs workers' rights before and after termination, including severance pay, benefits, and fair treatment from the company. This study aims to analyze the legal protection for terminated workers and the legal remedies available if workers do not receive their rights according to the applicable regulations. Based on the provisions of Government Regulation Number 35 of 2021, employers are required to provide severance pay, longservice awards, and compensation for rights to terminated workers. However, in practice, many cases are found where companies fail to fulfill their obligations, resulting in disparities in the severance payment system. Legal remedies available to workers include bipartite negotiations, conciliation, arbitration, and filing lawsuits with the Industrial Relations Court if amicable resolutions are not achieved. The conclusion of this study emphasizes that in the termination process, employers and workers must comply with the established regulations to achieve justice and legal certainty for both parties.

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