PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN PEKERJA MELANGGAR PERATURAN PERUSAHAAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG

Abstract

Termination of Employment means termination of employment relationship due to a certain matter which results in the termination of the rights and obligations between the worker and the company/employer. This can happen due to resignation, termination by the company or expiry of the contract. Termination of Employment (PHK) is the beginning of the difficulties that will be faced by workers and their families. Therefore, employers, workers/ laborers, trade unions/ labor unions and the government must make every effort to prevent termination of employment. In Law No. 13 of 2003 concerning Manpower, it has been regulated that in the process of Termination of Employment there are compensations that must be paid such as severance pay, gratuities for years of service, compensation for entitlements that should be received and Wages that must be paid during the process of Termination of Employment. permanent legal force (inkracht) which is commonly referred to as Process Wages. The purpose of this study is to determine the legal basis in the process of termination of employment, and to determine whether the consideration of the panel of judges on the payment process has complied with the applicable provisions. This research uses normative juridical research, where this research is conducted by examining secondary data. Using the case approach method, which is a way of law enforcement by examining cases related to issues that have become legally valid court decisions (inkracht). The results of research related to the application of law in the process of Termination of Employment are that there are still entrepreneurs who can realize the applicable provisions. However, the judge's consideration in deciding disputes over termination of relations that occurs related to Process Wages is still often a difference of interpretation in his decision to provide Process Wages in accordance with applicable regulations.

Keywords: Termination of employment, Process Wages, Employment