NORMATIF RIGHTS WORKERS IN THE layoffs affected EXPRESS COMPANY UNDER THE BANKRUPTCY LAWS IN LABOR IN INDONESIA

The working relationship is the relationship between workers and employers are going after a labor contract between workers and employers. Under the agreement workers expressed her willingness to work on the employer to receive wages and where employers expressed her willingness to hire workers by paying wages. Laws and regulations concerning labor in our country have recognized the existence of a principle of workers to continue to work unless there are specific reasons that can stop it.

Dismissal is generally only considered reasonable, if taking into account the interests of fair, both from workers and from the company, and the dismissal is a necessity. If a company is declared bankrupt, then it will give rights to employees who worked on the debtor in bankruptcy to request the Termination of Employment (FLE). That is because companies will not be operational again and the employees / workers will get severance pay, cash awards tenure, and reimbursement rights in accordance with statutory provisions that provided for in Article 165 of Law No. RI. 13 of 2003 concerning Manpower.

Severance pay, cash awards tenure, and reimbursement of such rights is a priority debt to pay. It has been stipulated in Article 39 paragraph (2) of Act No. RI. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation to mention that since the date of the bankruptcy decision pronounced, wages payable before or after the verdict was pronounced bankruptcy debt bankruptcy assets.

In Article 95 paragraph (4) of Law No. RI. 13 Th. 2003 on Labor also noted that in the event that the company is declared bankrupt or liquidated under the laws and regulations in force, then the wages and other rights of the workers / laborers is a priority debt payment.

And employers are required to pay severance pay, cash awards tenure, and reimbursement is in accordance with the rights that should be received by the employees / workers, and provision has been stipulated in Article 156 paragraph (1) Law No. RI. 13 Th. 2003 concerning Manpower. With the legislation that the rights of employees / workers affected by layoffs at the company because of where he works can be protected in bankruptcy affected