Skripsi
PENGAWASAN TERHADAP PERUSAHAAN ALIH DAYA YANG MELAKUKAN PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK
Unilateral termination of employment (PHK) of outsourced workers highlights weaknesses in labor oversight and a lack of clarity regarding the legal liability of outsourcing companies. An analysis of the issue reveals that the dual nature of the employment relationship between the service provider and the client when unilateral termination occurs. The research question of this thesis are: (1) how is legal oversight and protection provided for outsourced workers facing unilateral termination; and (2) what form of liability do outsourcing companies bear for such unilateral terminations. The analysis employs a normative legal method with a statute and conseptual approach, based on primary and secondary legal sources. The research findings indicate that labor oversight remains ineffective due to its reactive nature and the weak enforcement of sanctions, resulting in suboptimal preventive and repressive legal protection. Futhermore, unilateral termination by outsourcing companies without valid reasons or procedures constitutes a legal violation that gives rise to liability obligations, including the restoration of workers rights, severence pay, service awards, and other entitlements, as well as the potential for administrative sanctions by the government.
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