Analisis Yuridis terhadap Pemutusan Hubungan Kerja Sepihak dengan Alasan Force Majeure (Pandemi Covid 19) yang Dilakukan oleh PT. Tekun Karya Abadi Studi Putusan No.30/Pdt.Sus.PHI/2020/PN.Gsk

Abstract

In the practice of overloading the company that has made the Labour/worker disengaged in a one-sided disconnection with the company has developed force majeure. Some of the companies that made a layode of work during the covid-19 pandemic abused force majeure asan excuse, even though the company was running as usual.A one-sided breakup resulted in the birth of a businessman's obligation to pay for workers' rights. The thesis problem is whether the covid-19 pandemic could be the reason force majeure for unilateral work relationships with fixed workers, how the result of arbitrary disconnection according to labor laws and how a judge's judgment was on the verdict No. 30/Pdt.Sus.PHI/2020/PN.Gsk In settling the issue of one-sided disconnection. Research methods used normative juridical. The nature of research is descriptive. Data source obtained material of primary, secondary and tertiary law. Data collection techniques through literature studies of legislation and judicial decisions. The covid-19 or force majeure could make it the case for force majeure to discontinue working with the workers unilateral, but to make termination of the working relationship would require a cost and company close or a ilateral disconnection could make provision article 164 verse (2) employment law on the ground for sustained two years or force majeure. As a result of the unilateral disconnection of the company paying compensation to the plaintiff with severance money of two times under article 156 (2), the tenure money under article 156 (3) and the entitlement in accordance with article 156 (4) the employment law (4). Judge 's judgement upon the verdict No.30/Pdt.Sus.PHI/2020/PN.GskIn settling the unilateral disconnection issue which was not due to the company's loss as a covid-19 pandemic, the plaintiff has suffered a production decline. On the basis of all the considerations of the panel of judges it is with good reason that the plaintiff is declared to be in a judicial event of force or force majeure and an unexpected legal event occurring outside the plaintiff's error.