Tinjauan Yuridis Terhadap Tenaga Kerja Yang Di PHK (Pemutusan Hubungan Kerja) Secara Sepihak dan Tanpa Ganti Rugi Dari Perusahaan (Studi kasus Putusan No. 33/G/2013/PHI.Mdn )

Abstract

Termination (PHK) is the termination of employment for a particular issue that resulted in termination of rights and obligations between the company's employees or laborers. Labor is any person who can do the job "(inside or outside the employment relationship) in order to produce goods or services to meet community needs. Compensation is reimbursed in the form of money or other property to a person who feels aggrieved because his property was taken and used for the benefit of the crowd activities of production and distribution is done by combining various factors of production, namely the human, natural and capital. The research problem is? (1) How is the role of bipartite and tripartite institutions in resolving disputes layoffs? (2) What are the considerations in deciding disputes layoffs judge unilaterally and without compensation from the company? (3) What are the obstacles and barriers in the legal process PHI (Indusrtial Relations Court)? This type of research in this thesis is normative solely used to obtain complete data as the basis of scientific writings are normative research (literature study). The results of research and discussion to explain that the role of institutions bipartite and tripartite dispute resolution layoffs that the plaintiff has sought to resolve the matter quo deliberation kinship (bipartite), but failed to reach an agreement because the defendant remains at its founding, the plaintiff bestow case a quo to the Department of Labor and Transmigration Deli Serdang. That the consideration of Judges of the workforce laid off unilaterally and without compensation from the company that is in favor of the plaintiff for the most part, and punish the defendant to pay the severance, gratuity, money replacement housing and perobatan and wages of the process to the claimant, and the obstacles and barriers in the legal process PHI is a primary cause of the difficulty of realizing justice in resolving industrial disputes are legal rules governing industrial relations still have some elements of weakness