AKIBAT HUKUM KONTRAK KERJA PASCA AKUISISI PERUSAHAAN OLEH PIHAK KETIGA TERHADAP PEKERJA/BURUH

Wisatina , Yesi and Tito , Sofyan and Candra , Irawan (2015) AKIBAT HUKUM KONTRAK KERJA PASCA AKUISISI PERUSAHAAN OLEH PIHAK KETIGA TERHADAP PEKERJA/BURUH. Bengkoelen Justice, 3 (2). pp. 898-913. ISSN 2088-3412

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Abstract

This research aims to identify and analyze the legal consequences of an employment contract after the acquisition of the company by a third party against the workers / laborers, and the suitability of a given state legal protection to workers / laborers after the acquisition of the company by a third party with the Law No. 13 Year 2003 on Employment and Law No. 40 of 2007 on Limited Liability Company.Types of normative legal research, the approach of legislation (statute aproach), approach cases (case aprroach), and the comparative approach (comparative Approach. Legal materials collection method is a method of documentation. Legal material analysis method is a qualitative analysis outlining descriptive - prescriptive, then made a grammatical interpretation of the law and systematically. Legal consequences of post- acquisition employment contract by a third party company to workers/laborers are very detrimental to the workers / laborers PT. X and PT. XX because it is always followed by mass layoffs, acquisitions and contracts PT X dengan PT. Y contrary to the Law No. 13 Year 2003 on Labo, and Law No. 40 of 2007 About Company Limited. Legal protection given to the state workers/laborers after the acquisition of the company by a third party in accordance with the provisions of Law No. 13 of 2003 and Law No. 40 Year 2007 on PerseroanTerbatas is economic protection, social protection and technical protection does not run according to laws regulations because there are no rules strict sanctions against violations of particular economic and weak supervision of the Ministry of Manpower and Transmigration. Guarantee of the right of workers/laborers were laid off when the post- acquisition layoffs because employers are not willing to accept the return of workers / laborers, then given the right to severance pay two (2 ) times, gratuity one time, and compensation, And when layoffs due workers/laborers are not willing to continue the contract, then was granted a one-time severance paymen, gratuity one time, and compensation .

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