PERLINDUNGAN HUKUM BAGI TENAGA KERJA ATAS SUATU PERUSAHAAN YANG DINYATAKAN PAILIT YANG BERIMPLIKASI PEMUTUSAN HUBUNGAN KERJA YANG TIDAK DIBERIKAN PESANGON

Abstract

The irrelevance of Das Sollen which is a rule or positive law that applies regardingregulations regarding company obligations in paying workers due to layoffs based on the Labor Law, is different from Das Sein which is the implementation of Das Sollen or the growing reality.The formulation of the problem in this study What are the legal consequences of a company being declared bankrupt which has implications for termination of employment for not providing severance pay? What is the legal protection for labor do not receive severance pay after termination of employment for a company declared bankrupt? The method used in this study is a qualitative research type with a normative juridical approach carried out through library research by studying and examining applicable legal provisions, documents or literature related to the issues studied and legal material collection techniques carried out by identifying and inventory of positive law rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), as well as systematic interpretation and legal construction methods. From the research results, it can be obtained that the legal consequences of a company being declared bankrupt which has implications for termination of employment for not being given severance pay have resulted in the company being declared bankrupt losing all civil rights to control and manage assets that have been included in bankrupt assets. The suspension of this civil right is enforced by Article 22of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt as of the time the decision to declare bankruptcy was pronounced. Legal protection for labor do not receive severance pay after termination of employment for a company that is declared bankrupt within a company has the right toreceive rewards or wages that have been stipulated in the provisions of labor laws as well as good and fair treatment in employment relations in a company