ANALISIS PUTUSAN MAHKAMAH AGUNG NO: 632/PDT.SUS/2011 DALAM KASUS PHK SEPIHAK DALAM PERJANJIAN KERJA SECARA LISAN

Abstract

The problems that were examined in this research is the case of the termination of employment (FLE) number done by PT. Garment Dwi Cipta Abadi perennial against Zuda Ahmad Zainuddin PT. Garment Dwi Cipta Abadi perennial was a firm place Zuda Ahmad Zainuddin work, however Zuda Ahmad Zainuddin work without the presence of a work contract. The layoffs was made unilaterally by the PT. Garment Dwi Cipta Abadi perennial without giving severance pay to Zuda Ahmad Zainuddin. The purpose of the research is to better understand function and uses legally agreement is that is important means for labor in his life and protection to see and understand why the supreme court won Zuda Ahmad Zainuddin have no agreement is. Type research is yuridis-normatif using statute approach. The result of the research indicated that (1) a work contain rights and obligations between employers and workers. A work can be carried out written or orally. (2) decisions of the supreme court has been correct because agreement has been done orally, and workers already worked for 18 (eighteen) years, as they were exceeds probation that automatically has become permanent workers. Based on it, the entrepreneurs or companies should give money allowance for workers who are laid off .