Pelaksanaan Pemutusan Hubungan Kerja Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Tenaga Kerja Di Pt. Ekadharma Internasional Tbk Cabang Padang

Abstract

In this era of globalization, the problem of human resources in a company demands more attention, because no matter how sophisticated the technology used in a company and no matter how much capital the company plays, the employees in the company will ultimately run it. In relation to the consequences of being laid off, it is appropriate for the employer to provide compensation (severance pay) as a result of the termination of employment. As it has been regulated by the government of the Republic of Indonesia in Law Number 13 of 2003 concerning Manpower. Article 156 paragraph 1 reads: "In the event of termination of employment, the entrepreneur is obliged to pay severance pay and/or service award money and compensation for entitlements that should have been received". Termination of Employment Relations at companies in Indonesia gradually has an impact on the unemployment rate which is increasing day by day and in essence will lead to arbitrariness on the part of employers to terminate employment. Therefore, the researcher wants to know how the termination of employment according to Law Number 12 of 2003 concerning Employment. This research was conducted at PT. Ekadharma Internasional Tbk Padang Branch. The type of research used is empirical juridical research, which is to see how the implementation of existing laws and regulations with their implementation in society. Implementation of termination of employment at PT. Eka Dharma International Tbk Padang Branch occurred because the employee had committed a serious violation and resigned voluntarily but not in accordance with the procedures as stipulated in the Company Regulations. Termination of employment still refers to Law Number 13 of 2003 concerning Manpower. First, problem solving is carried out by deliberation between the Company and employees. If this deliberation does not reach an agreement, then a mediation process is carried out by filing a lawsuit with the Social and Manpower Office.