Legal Protection Against Unilateral Termination of Employment Relations of Private Employees

Key Points

Unilateral termination of employment legal protection is outlined in Article 81 No. 37, regulating layoffs.
The legal framework emphasizes bipartite negotiation processes, with further steps for disputes if agreements fail.
Article 185 of the Job Creation Law ensures workers' rights to consultation and protections for safety and health.
This analysis underscores the need for clear mechanisms in employment relations to safeguard workers against unilateral dismissals.

Abstract

This study aims to analyze the form of legal protection and the causes of unilateral termination of employment for private employees. This type of empirical research, or field research, uses a case approach and a statutory approach. The results of this study indicate that unilateral termination of employment (PHK) legal protection has been regulated in the provisions regarding how companies carry out layoffs regulated in Article 81 No. 37, which in essence provides a clear mechanism regarding the planning processes for implementing layoffs in a company. In paragraph (4), it is further emphasized that if the bipartite negotiation process does not reach an agreement, the dismissal will be carried out through the next stage, following the mechanism of industrial relations disputes. Then, legal protection is also included in Article 185 of the Job Creation Law, which states that "protection of workers' basic rights to consult with employers" and "protection of workers' safety and health".

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