Trihartando, Lois Steven Markaderson
(2022)
Akibat hukum hubungan kerja berlandaskan pkwt terhadap perusahaan yang diakuisisi menurut undang- undang nomor 11 tahun 2020 tentang cipta kerja = Due to the law of employment relationship based on pkwt on companies acquired according to law number 11 of 2020 concerning employment creation.
Bachelor thesis, Universitas Pelita Harapan.
Abstract
As for the background in this research is oleo because of the Termination of Employment (PHK) of workers at PT. Bima Mitra Farma Tangerang, as a result of the sale of shares (acquisition) of the company. The purpose of this research is, firstly to find out how the legal protection for the workers of PT. Bima Mitra Farma Tangerang as a result of the sale of shares (acquisition) of the company according to Law No. 11 of 2020 concerning Job Creation. The second objective, to find out how the settlement of Termination of Employment (PHK) for the workers of PT. Bima Mitra Farma Tangerang, as a result of the company's acquisition according to Law No. 11 of 2020 concerning Job Creation. The third objective is to find out what the government's efforts and role are in terms of resolving the occurrence of Termination of Employment (PHK), as a result of the company's acquisition. In writing this thesis using normative legal research methods, namely by research aimed at obtaining objective law (legal norms), namely by conducting research on legal issues. Then the second stage is to conduct research aimed at obtaining subjective law, namely what are the rights and obligations of the parties in the settlement of employment relations as a result of the acquisition of the company, as regulated in Article 62 and Article 163 paragraph 2 (two) of Law No. . 13 of 2003 concerning Manpower. From the results of the study, it can be concluded that first the consequences that arise are viewed from the perspective of corporate law and from the business aspect, then the takeover of shares does not result in PT. Bima Mitra Farma Tangerang becomes disbanded or ends. The company still exists and is valid as usual, only the shareholders change, from the original shareholders to the shareholders who take over (acquirers). Second, that in the settlement of Termination of Employment (PHK), if the initiative is laid off from the acquiring company, both PKWT workers (contract employees) and PKWTT workers (permanent employees), must be paid compensation or severance pay, as regulated in Article 62 and Article 163 paragraph 2 (two) of Law no. 13 of 2003 concerning Manpower.
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