Kewajiban Pengusaha Dalam Memenuhi Hak Pekerjanya Yang Mengalami PHK Karena Perusahaan Pailit (Analisis Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja)

Cahyani, Hania Pramesti (2025) Kewajiban Pengusaha Dalam Memenuhi Hak Pekerjanya Yang Mengalami PHK Karena Perusahaan Pailit (Analisis Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

One of the significant impacts of bankruptcy is layoffs that affect the economic or financial condition of workers. Workers' rights are important to be provided so that workers are protected from the impact of layoffs. However, in this case, there are still workers' rights that have not been fulfilled. The purpose of this study is to understand the obligations of employers in fulfilling the rights of workers who are laid off after the company is declared bankrupt and to find out what legal remedies workers can take if they do not get their rights after being laid off because the company is bankrupt. This research uses normative juridical research. The approach in this research uses a statutory approach and an analytical approach. Data collection is done by literature study. Data analysis is done through 3 ways, namely identification, classification, and descriptive analysis. The results of the study explain that the obligations of employers in fulfilling the rights of their workers who experience layoffs due to bankruptcy include unpaid workers' wages, severance pay, long service pay, and compensation pay. Workers' wages are included in the category of debts that take precedence in payment, while other rights are paid after payment to creditors holding security rights. There is a need for regulations governing bankruptcy settlement limits or grace periods, so that the provision of workers' rights is not protracted. Keywords: Bankruptcy, Workers, Termination of Employment, Employers.

Item Type:

Thesis (Undergraduate)

Contributors: