LEGAL PROTECTION FOR WORKERS WHO EXPERIENCE UNILATERAL TERMINATION OF EMPLOYMENT BY THE COMPANY

Abstract

Termination of Employment (PHK) is a legal event that has a significant impact on the livelihood of workers because it is directly related to the loss of livelihood. In industrial relations practices, it is still common to find unilateral layoffs carried out by companies without following applicable legal procedures and provisions, resulting in injustice for workers. This study aims to analyze the legal provisions regarding layoffs according to Indonesian labor laws and regulations, examine the forms of legal protection for workers who experience unilateral layoffs, and describe the legal remedies that workers can take as a result of such actions. This study uses a normative juridical method with a statutory, conceptual, and case approach, and utilizes secondary data obtained through literature studies. The results of the study indicate that the regulation of layoffs in Indonesian labor law has been designed comprehensively by emphasizing the principle that layoffs must be avoided and can only be carried out for legitimate reasons and through strict procedures. In addition, the law provides protection to workers through guarantees of normative rights, mechanisms for resolving industrial relations disputes, and access to legal remedies up to the Industrial Relations Court. Thus, the Indonesian labor law system has basically provided adequate protection instruments for workers, although in practice, increased supervision and legal understanding are still needed so that this protection can run effectively.