ANALISIS KECELAKAAN KERJA YANG DIIKUTI DENGAN PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS PT. XYZ DI PEKANBARU PROVINSI RIAU)
Abstract
The problems studied in this research are the rights of PKWT (contract) and
PKWTT (permanent / permanent) workers who suffered work accidents followed
by Termination of Employment (PHK) and to know the legal effort that can be
taken by As workers to obtain accountability from PT . XYZ for his work accident.
The purpose of this study is to better understand and understand the rights and
legal protection in accordance with the provisions of applicable laws and
regulations so that it is expected to provide benefits to workers especially those
who have layoffs due to accidents, companies, and the public. This type of
research is normative juridical by using approach statute approach, and
conceptual approach. The method of analysis used is deductive method. The
results of this study indicate that (1) Workers' rights that have been injured are
followed by dismissal: Temporary Working Disability (STMB) or prolonged sick
pay under Article 93 paragraph 3 of the Manpower Law, disability benefits in
accordance with Government Regulation No.53 Year 2012 on the Eighth
Amendment of PP No.14 of 1993 on Social Security Program of Labor
(Jamsostek), as well as the right to get the right to wage the process of suspension
towards the dismissal in accordance with the provisions of Article 155 of the
Manpower Law, and severance Article 156 of the Manpower Act. (2) The legal
effort that workers can take to obtain accountability from PT. XYZ for his work
accident is filing a lawsuit to get the termination of PHK from the Industrial
Relations Court (PHI). Based on this matter, the discussion of this final case can
be a guide in similar cases related to work accident that followed by dismissal for
the future.