Termination Of Employment Research Articles

Implementation Execution Decision Court Industrial Relations Bandung Dispute over Termination of Employment Through Bankruptcy

Study This discusses the implementation execution decision of the Court Industrial Relations (PHI) Bandung-related dispute Termination Connection Work (PHK) through mechanism bankruptcy. PHI decisions often face​ constraints in implementation, especially in unsolved layoff disputes that can quickly be executed. Bankruptcy is one of the instruments used​ to ensure workers' rights are fulfilled when the Company has financial trouble. Research This is to study how the bankruptcy process can be used as a road alternative for finishing layoff disputes and challenging the law's implementation. The research uses a legal normative approach supported by case PHI Bandung decision studies. Research results show that although Bankruptcy can become a practical solution, it requires synergy between the court and curator so execution can run optimally.

Negative effects of casualisation in Sokoto, Nigeria’s banking sector

Contract workers are the direct victims of casualization but beyond that, the effects they suffer transcend to their families and the larger society. The study examined the effects of casualization on the contract workers of banks in Sokoto, Nigeria. The primary methods of gathering data for the study were in-depth and key informant interviews, with sixty individuals who were specifically chosen. Following content analysis, the gathered data were presented narratively with verbatim quotations. According to the study, there are a number of negative effects of casualization, such as low wages that contribute to a low standard of living and the inability of employees and their families to adequately meet their basic needs, the arbitrary termination of casual employees without cause, and the lack of a claim for work-related injuries or diseases in the event of an accident or death. The overall inference is that the temporary employees are working in appallingly subpar conditions. The study suggests that in order to raise the living standards of their temporary employees, banks should provide welfare packages. Additionally, because inflation is on the rise, contract employees’ compensation should be reviewed upward.

Penerapan Manajemen Kepagawaian di Pondok Pesantren Royatul Qur’an Batam

Islamic boarding schools play a major role, namely, as motivators, innovators, and community dynamists so that the relationship between pesantren and the community becomes harmonious, as a result, the existence and presence of Islamic boarding schools in community empowerment become stronger. The purpose of this journal is to see the success of the Royatul Qur’an Boarding School in implementing personnel management with reference to seven main activities, namely recruitment (personnel procurement), personnel development and development, personnel promotion and transfer, compensation for personnel, personnel welfare, personnel evaluation, termination of employment. employment relationship (PHK). This type of research is field research, namely research conducted with the direct aim of excavating and researching data relating to the effectiveness of the implementation of personnel management and what factors influence the implementation of personnel management at the Royatul Qur’an Integrated Islamic Boarding School in Batam. This research was conducted in November 2022. The results of the study after conducting interviews and collecting related data, the Royatul qur’an Integrated Islamic Boarding School has implemented all the main activities of personnel management in a well-managed and managed manner.

Analysis of the Decision of the Industrial Relations Court in the Dispute for Termination of Employment (Case Study No. 060 / Pdt.Sus-Phi/2023/Pn Mdn Juncto Verdict Number :1174k / Pdt.Sus-Phi/2023 )

This study is motivated by the frequent cases of agreement disputes between companies and workers, especially in the case of termination of employment relationships for both permanent and contractual workers or commonly known as a specific time work agreement, which often ends up at the green table due to differences in understanding between employers and workers as well as differences in understanding of applicable laws and regulations.In addition, there are times when it is also caused by the inability of one party to fulfill its obligations which may be caused by conditions in which the company experiences losses or due to bankruptcy conditions. This paper aims to analyze the legal process that occurs in the case of termination of employment lawsuit ranging from the mediation level , the Medan state court to the Supreme Court of the Republic of Indonesia and find out the basic consideration of judges used in making decisions in accordance with the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023. This research is Notmatif legal research with normative juridical approach . The data source of this study comes from secondary data.Data collection tool is done with the study of literature (library research). Based on the results of the research conducted , we conclude that the process of termination of employment with bankruptcy conditions, the employer must pay a certain amount of money in accordance with PP 35 2021 Article 40 paragraph 2 , Paragraph 3 , and Article 43 paragraph 1.Analysis of judges ' consideration at the Cassation level according to the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023 is acceptable.

Rethinking the Application of the Difference Principle in Arrangements for the Distribution of Job Loss Benefits

<p class="TableParagraph"><em>The philosophy of organizing labor social security aims to protect workers from socio-economic risks resulting from involuntary loss of income. This includes providing protection during and after the employment relationship. Job Loss Insurance (JKP) under the National Social Security System (SJSN) is designed to offer protection to workers experiencing Termination of Employment (PHK), but workers who resign voluntarily are not entitled to benefits under Article 19 in conjunction with Article 20 of Permenaker No. 37/2021. This paper proposes reinterpreting the concept of termination and applying the Difference Principle to extend JKP benefits to workers who resign involuntarily (Constructive Dismissal) in line with the principles of organizing social security.</em></p>

Marketing Strategy Management in Increasing the Marketability of MSME Products in Facing Market Competition

Micro, small, and medium enterprises (MSMEs) are fundamental components of robust economic resilience, as demonstrated by their persistent operation during Indonesia's monetary crisis, a consequence of the global financial downturn. In contrast, numerous large-scale corporations have experienced insolvency. Consequently, there was a significant wave of employment termination in 1998. Formulating a marketing strategy is critical to securing a sustainable competitive advantage for product- and service-oriented enterprises. A marketing strategy is a foundational element in developing a comprehensive corporate plan. Considering the complexity of challenges faced by enterprises, there exists a necessity for a holistic approach to serve as a framework guiding the organizational segment in executing its operations. Furthermore, the significance of marketing strategies is underscored by the intensifying competition prevalent among businesses in general. This study is motivated by fostering the growth of MSMEs within Mataram, which is characterized by a distinctive array of cultural traditions and a promising national market. This research aims to evaluate the management of marketing strategies aimed at enhancing the marketability of traditional MSME products in Mataram City. The study was carried out in the urban setting of Mataram. The methodologies employed for data collection include documentation, interviews, and observations, constituting a form of descriptive research. The analysis of the effectiveness of marketing strategies reveals a year-on-year increase in overall sales, which serves as a benchmark for assessing the efficacy of marketing strategies amid competition among batik enterprises.

Leveraging Gen AI in HR Processes for Employee Termination

The integration of Generative AI in Human Resource (HR) processes, particularly for employee termination, represents a significant evolution in how organizations manage sensitive employment decisions. This study explores the transformative impact of AI technologies on the termination process, highlighting their potential to enhance efficiency, communication, and fairness. By employing AI-driven tools, HR departments can streamline termination procedures, improve the quality of decision-making, and foster a more empathetic experience for affected employees. The research examines various AI applications, including automated documentation, predictive analytics, and real-time communication systems, which collectively contribute to a more transparent and humane termination process. Additionally, the study addresses ethical considerations and data privacy concerns associated with AI integration, emphasizing the need for responsible practices in HR management. Ultimately, the findings underscore the potential of Generative AI to not only optimize operational efficiencies but also enhance the overall employee experience during challenging transitions.

The Urgency of Job Loss Security Program for the Protection of Human Rights

Jaminan Kehilangan Pekerjaan (JKP) or The Job Loss Security Program is a recent government initiative designed to enhance legal, economic, and social protection for workers affected by Termination of Employment. This program needs proper supervision for optimal contribution to the community well-being. This normative legal research used both statutory and conceptual methods to answer the central research question regarding the urgency of the JKP program in safeguarding human rights. The findings indicate that the JKP program significantly aids workers by providing financial support, facilitating access to labor market information, and enhancing skills through job training, thereby helping them meet their own and their families' needs.

Kekaburan Norma Hukum Hubungan Industrial tentang Force Majeur Saat Menghadapi Kondisi Pandemi Covid 19

This study examines the ambiguity of legal norms related to industrial relations in the context of force majeure during the Covid-19 pandemic. The main focus is on the provisions of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, which regulates termination of employment (PHK) and force majeure conditions. It was found that force majeure provisions that have not undergone changes or revisions in the latest law have caused legal uncertainty, allowing employers to carry out unilateral layoffs without the obligation to pay severance pay. This ambiguity of norms results in violations of the principles of legality, legal certainty, and utility, and has a negative impact on labor protection, especially in crisis situations such as the pandemic.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

MILLENNIALS' PERCEPTION OF START-UP COMPANY CULTURE: ENGAGEMENT, MOTIVATION AND LOYALTY MODERATED TERMINATION

This study examines the impact of corporate culture, work engagement, and work motivation on the loyalty of millennial employees in startup companies. Additionally, the research investigates how termination of employment (layoffs) can influence the relationship between these factors and employee loyalty. Data was collected from 250 millennial employees working in middle-level positions at startup companies in Jakarta. The results show that a positive corporate culture, high work engagement, and strong work motivation contribute to increased employee loyalty. However, layoffs can diminish the positive effects of work engagement and work motivation on loyalty. This research provides valuable insights for startup companies to develop strategies for enhancing millennial employee loyalty, especially in the face of challenges like layoffs.

Legal Protection for Workers on Termination of Employment That Occurs Due to Force Majeure According to the Law - Labor Copyright Law

Labor has an imperative part as one of the supporting components in improvement. Making strides human quality cannot be accomplished without a certain ensure of life to be gotten, and moving forward the quality of labor and assurance of labor must be balanced to human respect. This consider points to analyze the Covid-19 widespread as a circumstance that qualifies as constrain majeure concurring to the Labor Law, and to look at the lawful results of end of work carried out on the grounds of drive majeure due to the Covid-19 widespread. The investigate strategy utilized is standardizing investigate strategy backed by observational investigate utilizing different sorts of essential lawful materials within the frame of laws and controls and secondary legitimate materials within the frame of literature related to legitimate security for specialists within the occasion of end of work due to drive majeure. The comes about appear that the Covid-19 widespread can be qualified as a drive majeure beneath the Labor Law, and end of work carried out on the grounds of constrain majeure due to the Covid-19 widespread has legitimate results within the frame of employers' commitments.

Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship.

TINJAUAN YURIDIS TERHADAP PEMUTUSAN HUBUNGAN KERJA AKIBAT COVID-19 SEBAGAI ALASAN MEMAKSA FORCE MAJEURE (STUDI PUTUSAN NO 134/PDT.SUS-PHI/2021/PN JKT.PST)

The global impact of the Covid-19 pandemic has been substantial, particularly affecting the health and economic sectors across all countries. The virus's swift spread has resulted in heightened domestic activities, influencing the economy and disrupting businesses, employment, and overall social life. The Indonesian government has officially acknowledged the pandemic as a national crisis and emergency. In summary, the Covid-19 pandemic has deeply affected various facets, encompassing health, the economy, social interactions, and employment. To address this crisis, the government has implemented measures to mitigate its effects and safeguard the safety and welfare of the workforce. This study uses a method of normative jurisprudence with a legal approach (Statute Approach) and a case approach. (Case Approach). The library materials used in this writing are laws, court rulings, books, journals, websites and so on related to Covid-19, termination of employment, and force majeure. The findings of this research indicate that a company undergoing the challenges of the Covid-19 pandemic doesn't automatically qualify for force majeure; the company is required to demonstrate that the pandemic significantly impacts the viability of its operations, necessitating certain actions. Additionally, the rights of the workers must be upheld in such cases, ensuring their well-being and satisfaction. In legal proceedings, judges are tasked with enforcing the law in accordance with the principles of justice and the rule of law.

Peran Komunikasi dan Musyawarah dalam Menangani Konflik Hubungan Industrial: Studi Kasus PHK di Smartfren Telecom Tbk

The purpose of writing this article is to analyze the case of unilateral termination of employment (PHK) at PT Smartfren Telecom TBK sought by the trade union association. This research method uses a qualitative research method that involves collecting and analyzing data from a variety of source articles, also known as the literature review method. In the telecommunications industry, the role of communication and deliberation is important in overcoming challenges such as layoffs. This study highlights the importance of effective communication between company management and employees to properly manage layoffs. Empathetic and clear communication helps build better relationships and reduce conflict. In addition, deliberation allows different parties to participate in finding fair and sustainable solutions. With this approach, companies can better manage layoffs, while taking into account the interests and welfare of employees.

Survival Strategy for Tourism Business Actors During the Covid-19 Pandemic in Badung Regency

Until the present time, it has been almost two years since the world was hit by the Covid-19 pandemic and for almost two years, Indonesia, including Bali, has been struggling against the Covid-19 pandemic which has had an enormous impact on various sectors, including the tourism and creative economy sectors. Badung Regency as the centre of tourism in Bali is the area most affected by the Covid-19 pandemic. In this area there are many employment issues where many hotels, restaurants/cafes and other types of tourism businesses are forced to close due to lack of visitors. As a result, the highest number of cases of termination of employment and employees who were laid off occurred in Badung Regency; the figure reached 28,609 people who were laid off and 631 people whose employment was terminated. This study aims to (1) examine the profile of tourism business actors in the Covid-19 pandemic situation in Badung Regency, (2) examine the influence of the role of government policies, social capital, and technological capital on the entrepreneurial spirit of tourism business actors in the Badung Regency, (3) examine the influence of the role of government policy, social capital, technological capital and entrepreneurial spirit on the economic resilience of tourism business actors in the Badung Regency, and (4) formulate a strategy to strengthen the capacity of tourism business actors to be able to survive during the Covid-19 pandemic in the Badung Regency This research was conducted in Badung Regency in four sub-districts, namely South Kuta District, Kuta District, North Kuta District, and Petang District. Respondents in this study were determined to be 120 people with several informants. The analytical techniques used are descriptive statistics, inferential statistics and PLS. The results of the study show the condition of the economic resilience of tourism business actors is still relatively good as indicated by the indicator that the majority of respondents have their own homes, are still able to send their children to a higher level of education, have an average income exceeding the minimum wage for the Badung Regency as well as having adequate savings and access to health insurance. The results of statistical tests show the role of government policy, social capital, and technological capital have a positive and significant effect on the entrepreneurial spirit and family economic resilience. Indirectly, the role of government policies, social capital and technological capital have a positive and significant effect on family economic resilience through an entrepreneurial spirit. There are three strategies that should be taken by business actors, such as optimizing digital platforms, wait and see strategy and bundling products.

Utilization of Local Food as a Business Opportunity in Karangjatianyar Village Wonorejo Pasuruan

Utilization of local food in the economic crisis is a concept in the economic field that prioritizes human resources who have knowledge and creative ideas as a strategy to advance the community's economy. There are problems in Karangjatianyar Village residents such as unemployment, one of which is due to layoffs (Termination of Employment), the work program chosen is the utilization of local food as a new business opportunity in the economic crisis, namely increasing economic efforts by utilizing sweet corn processed into JaSuKe, utilizing Cassava plants so as to increase economic efforts by making Cassava chips, home businesses utilizing spicy dried noodles, tomato cultivation to improve the economy in the economic crisis. This work program involves cooperation between the village head, household heads, Cassava chip business owners, noodle home business owners, and tomato plant cultivation owners as well as local residents. With the efforts made in Karangjatianyar Village, it is hoped that it can continue to be developed by local residents to help improve the economy.

The analysis of need in medical care of elder able-bodied women with diseases of blood circulation system

The purpose of the study is to analyze demand in medical care at diseases of circulatory system in women in age groups of 50-64 years old. The database of cases of medical care support of population age groups 50-64 years (the database of calls of Territorial Foundation of Mandatory Medical Insurance of the Moscow region) was used as primary information source. After correlation analysis of dependencies between indicators of demand in modeling, four indicators were left, three of them were volumetric and one frequency. Three blocks were used as basic causes included in Class IX "Diseases of the circulatory system" (ICD-10 version 2014-2016): 1. I10-I15 (Hypertensive diseases [Diseases characterized by high blood pressure]); 2. I20-I25 (Coronary heart disease); 3. I60-I69 (Cerebrovascular diseases). The study demonstrated that dynamics of frequency and volume indicators of medical care demand among women in age groups of 50-64 years testifies that in age range of 50-60 years there is linear or close to linear increase of demand, after which trend of increasing demand changed to downward one. The data obtained testify that age (as variable) explains considerable proportion of all fluctuations of volume of medical care in demand in women of 50-64 years. This result can be considered quite satisfactory for applying proposed model in planning volumes of medical care. It is noted that decreasing of demand increase rate is observed at age of termination of employment of majority of female population.

Community Behavior and Outreach Communication in Covid-19 Pandemic

Objectives: This study aims to examine the approach and development of extension communication in accelerating community behavior in breaking the chain of Covid-19. The main focus in this research is the lack of implementation of counseling communication in people's behavior amid the Covid-19 pandemic. Extension communication as an approach is an effort to increase motivation, awareness, and empowerment of the quality of human resources (people centered development). Methods: This study used a qualitative research approach to analyze in depth the content of sources of information regarding counseling activities and community behavior in the transmission of Covid-19. The primary data collected was obtained through observation and in-depth interviews (depht interviews) with 106 informants in 90 villages in 18 districts/cities of South Sulawesi. Meanwhile, secondary data was obtained by searching documents at the Covid-19 service post in South Sulawesi Province. Results: This research study shows that people's behavior in the midst of the Covid-19 pandemic can be known from their knowledge about Covid-19. Some are still unfamiliar with the dangers and threats of Covid-19 and are very worried about this situation. Many have experienced termination of employment (PHK) and find it difficult to make a living economically as well as the many horrendous news about the disease so that they are afraid to go anywhere and their work automatically stops Conclusions: Community behavior is disciplined in maintaining cleanliness and health during the Covid-19 pandemic, but they are still worried and anxious and lack interaction during the Covid-19 pandemic. Government education and motivation through counseling communications to the community to change behavior is well respected by the community.

Exploring Termination of Employment Based on Serious Criminal Offences

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.