Juridical Analysis of Normative Rights and Legal Efforts for Termination Worker Due to Do Urgent Violation in Indonesia

Abstract

Industrial relations between Employers and Workers often causes disputes. Disputes that generally happened between Employers and Workers are disputes for termination of employment. Termination of employment happened for some reasons, one of them is the Worker do an urgent violation. The purpose of this research is to analyze the normative rights and legal efforts of Workers who terminated due to do an urgent violations. The research method is normative juridical who using laws and regulations to analyze the problems. The results of this research found that the normative rights of Workers who terminated due to do an urgent violations are compensation for rights and separation pay (Article 52 Paragraph 2 Government of The Republic of Indonesia Regulation Number 35 Year 2021 concerning Employment Agreement for a Specified Period of Time, Outsourcing, Working Time and Rest Time, and Termination of Employment). Legal efforts that can be taken by Workers who terminated due to do an urgent violations are non litigation legal effort through bipartite and tripartite negotiation (mediation). If the non litgation legal effort can’t solve the dispute, then the Worker can take litigation legal effort through The Industrial Relations Court (Act No 2 Year 2004 concerning Industrial Relations Disputes Settlement).