rapid economic growth that is followed by the strict competition in the globalization era requires the companies to maintain its existence by having a stronghold position in its field. The companies’ strategy continues to be developed to strengthen its business, one of which is by expanding the field of business that can be done with restructuring. Merger is one of the restructuring efforts aiming to enlarge a company. The law has regulated the merger action to keep paying attention with the Employees’ interests since the merger process is also related to the employment agreement between the Company and the Employee which creates a new relationship in terms of the event of employment termination. This research is a normative law research; therefore the data used in this research is secondary data covering primary, secondary and tertiary of law material. The study showing a result that there is an imbalance of rights granted between the Company and Employee in decision-making to continue or not continue the employment relationship due to the merger action.