Legal Protection Against Pays of Workers Returned During the COVID-19 Pandemic Period in Indonesia

Abstract

Purpose: This study aims to explain the role of the legal protection article on the wages of workers who work at home during the Covid-19 Pandemic. Because the virus spread has made the Indonesian Government issue regulations to better stay at home, many businesses have closed, and many workers have had to stop. Theoretical framework: This research is reinforced by the theory related to employment as written in Law No. 13 of 2003, which explains that the workforce is everyone who can work to produce goods or services to meet their own needs and for society in general. Method: The data collection method used is a qualitative review of labour laws and seeking legal sources for protecting labour rights. His research technique involves conducting interviews and analyzing related literature on post-Covid-19 labour laws. Results and conclusions: The study shows that the legal wage arrangement for repatriated workers is lexed specialize derogate lex generalis. So it was concluded that if there is a Covid-19 case in a worker, the worker must self-isolate and be paid in full. If conditions normalize and production stabilizes, workers will have to be rehired. Research implication: This research has explained the role of labour law in society. Originality/value: Existing laws have provided guarantees to workers, so they are considered applicable, and subsequently, it is necessary to continue the analysis through Article 86 paragraph (1), the letter of law Number 13 of 2013 concerning Manpower, where every worker/ Workers have the right to obtain protection for occupational safety and health.