HUKUM KETENAGAKERJAAN | PEMUTUSAN HUBUNGAN KERJA

Summary

This video discusses the legal aspects of termination of employment (PHK) in Indonesia, particularly under the Labor Law. It covers the conditions under which an employment relationship can end, including factors such as mutual agreement, company layoffs, employee health, contract completion, and company bankruptcy. The video also outlines the types of misconduct that can lead to PHK, such as theft, fraud, or violence. Additionally, the speaker highlights the company's obligations, like providing severance pay and recognition for years of service, ensuring fair treatment for employees during termination.

Takeaways

• 😀 PHK (termination of employment) is a significant issue in labor relations, especially in light of the COVID-19 pandemic, where mass layoffs have increased.
• 😀 According to the Indonesian Labor Law, PHK can occur due to certain reasons, including company needs, employee requests, contract expiration, and other specific circumstances.
• 😀 Some of the conditions that may lead to PHK include health issues, death, contract completion, and company liquidation.
• 😀 Companies that want to terminate an employee must comply with their legal obligations, such as paying severance and other due benefits.
• 😀 The reasons for terminating an employee can range from violations such as theft, fraud, embezzlement, and falsification of information, to serious misconduct like substance abuse or physical violence.
• 😀 Misconduct like drinking alcohol, using or distributing narcotics, engaging in gambling, or creating unsafe conditions at work can justify termination of employment.
• 😀 An employee can also be terminated for violating company rules, causing damage to company property, or encouraging illegal activities.
• 😀 Employers must provide severance pay according to the length of service, as detailed in Indonesian Labor Law, with payment amounts based on the employee's tenure.
• 😀 For employees with less than one year of service, severance pay is equivalent to one month's salary, while for longer tenures, the severance pay increases.
• 😀 The video emphasizes that companies must fulfill their obligations when laying off employees to avoid legal consequences, including the provision of severance and compensation for years of service.

Q & A

What is the definition of PHK (termination of employment)?

PHK, or termination of employment, is defined in Article 1, Paragraph 25 of the Indonesian Employment Law as the termination of the working relationship due to certain circumstances, such as the will of the company, the employee, or external factors like company liquidation or employee health issues.

What are some of the common reasons for termination of employment (PHK)?

Common reasons for termination include violations of company rules, such as theft, fraud, drug use at the workplace, or physical assault. Other reasons include employee illness, contract expiration, company liquidation, retirement, or company mergers and acquisitions.

What legal obligations do employers have when terminating an employee?

Employers are required to fulfill certain obligations when terminating an employee, such as providing severance pay, service awards, and other benefits depending on the length of employment and the specific circumstances surrounding the termination.

What does Article 150 of the Employment Law state about companies terminating employees?

Article 150 outlines that both legal entities (like corporations and cooperatives) and individuals (such as business owners) can terminate employees. However, they must adhere to legal obligations like providing severance pay, which varies based on the employment contract and circumstances of termination.

Can employees terminate their own employment? What are some reasons they might do so?

Yes, employees can resign voluntarily. Common reasons include seeking better job opportunities, pursuing higher education, or personal reasons like health issues or family needs.

What is the role of health issues in the termination of employment?

If an employee is unable to perform their job duties due to illness or injury, the company may decide to terminate their employment, as they are unable to fulfill the essential requirements of the job.

How does a company's financial situation impact employee terminations?

In cases of financial difficulty, such as during a recession or after a decrease in income due to external events like a pandemic, companies may resort to mass layoffs or terminations to reduce costs and maintain operations.

What is the process of termination if a company is liquidated?

If a company goes through liquidation, which usually follows bankruptcy, it is legally required to terminate employees. The process includes fulfilling obligations such as paying severance and any other due benefits.

How is severance pay calculated for terminated employees?

Severance pay is calculated based on the length of the employee's service. For example, employees who have worked less than one year are entitled to one month's salary as severance. This increases depending on the number of years worked, with specific formulas outlined in the Employment Law.

What actions by employees can lead to immediate termination according to the law?

Actions that can lead to immediate termination include theft, fraud, misappropriation of company assets, falsifying documents, being under the influence of drugs or alcohol at the workplace, engaging in gambling, or committing acts of violence or intimidation at the workplace.