Employment relations are relations between employers and workers/laborers/ship crew based on work agreements/seawork agreements which contain elements of “work, wages and orders”. This is stated in Law Number 13 of 2003 concerning Manpower.
In the event of Termination of Employment (PHK), it is said to be valid if both the entrepreneur and the worker/laborer/crew of the ship both agree/approve/approve of a collective agreement. However, if this is disputed or one of the parties disagrees/rejects, the worker/laborer/ship’s crew can file a lawsuit with the Industrial Relations Court (PHI).
As long as there is no agreement from the two parties to make a joint agreement or there is no voluntary decision from the PHI in the event of rights, then the termination of employment is said to be “Unauthorized” as regulated in the Law. Number 13 of 2003 which has now been changed to Law Number 11 of 2021 concerning Job Creation, and is also regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. And companies still have to carry out their obligations to workers, starting from paying wages, social security, health, to holiday allowances (THR).
Important matters like these are what we often take for granted, but they can have a big impact, because our lack of understanding about Termination of Employment (PHK) is often taken advantage of by employers by doing things that deviate from the provisions of labor norms. take shortcuts to lose the unilateral dismissal of workers/laborers/ship crew. Due to our lack of understanding when suddenly we received a letter of termination of employment from our company, we took it for granted without asking in advance the reasons, rights and amount of severance pay we should have received.
Don’t wait for problems to ensnare and your rights tossed aside, only then will you recognize the need and importance of unions.
“Happy activity to all”
@ Adi Rahmat | Research And Publications
QLD. February 23, 2023
[Solidarity Action Strength]