Open AccessLegal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective
Author(s) -
Atmari Atmari,
Budiarsih Budiarsih,
Slamet Suhartono
Publication year - 2020
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v7i8.1998
Subject(s) - compensation (psychology) , economic justice , normative , perspective (graphical) , business , loyalty , law , service (business) , law and economics , economics , political science , marketing , social psychology , psychology , artificial intelligence , computer science
Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.