CD Skripsi

Tinjauan Yuridis Terhadap Efisiensi Perusahaan Sebagai Alasan Pemutusan Hubungan Kerja

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ABSTRACT

Companies in carrying out their operational activities often deal with economic problems and market conditions that cause companies to suffer losses so that it is necessary to take efficiency measures to maintain the continuity of the company's operations. One form of efficiency that is often done by employers is to reduce the number of workers by terminating employment.
This research is a Normative legal research, which is a library research that explains the principles of law such as applicable laws and regulations and is associated with legal theories related to the problem under study. This research was conducted to find out how the concept of termination of employment is regulated in Article 164 Paragraph (3) of Law Number 13 of 2003 concerning Employment on the Decision of the Constitutional Court Number 11 / PUU-IX / 2011, how to review cases of termination of employment for reasons of company efficiency, and how justice in termination of employment are due to reasons of company efficiency.
The conclusion of this research is, First, the word "efficiency" contained in Article 164 Paragraph (3) of Law Number 13 Year 2003 Juncto Decision of the Constitutional Court Number 19 / PUU-IX / 2011 cannot be interpreted as a reason for termination of employment, however It must be interpreted that termination of employment can be carried out by the company if the company closes and the closing of the company is as a form of efficiency, or in other words the entrepreneur performs efficiency by closing the company. Second, the use of Article 164 Paragraph (3) of Law Number 13 Year 2003 as a legal basis for Termination of Employment for reasons of efficiency without the closure of company business is inappropriate and not of legal certainty. Third, the absence of a provision that explicitly prohibits termination of employment due to efficiency reasons in order to maintain the continuity of company operations results in the absence of certainty that can provide legal protection for workers and employers. Fourth, termination of employment for reasons of efficiency which aims to maintain the continuity of the company's operations so that it does not close is unavoidable and must be seen as a solution that provides benefits for a number of other employees so that they can continue to work. Efficiency which is used as a reason for termination of employment will be fair if there is compensation from employers to workers that are reasonable and balanced. The writer's suggestion on the problem under study is, the government must revise the Manpower Act or make new legislation regarding termination of employment in the context of efficiency aimed at maintaining the continuity of the company's operations.

Keywords: Termination of Employment – Efficiency – Employers – Companies – Workers

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0187)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

vi, 71 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0187)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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