LEGAL PROTECTION OF WORKERS AND TRADE UNIONS IN THE CONTEXT OF COMPANY ACQUISITIONS
Journal: International Journal of Advanced Research (Vol.11, No. 11)Publication Date: 2023-11-15
Authors : Kasmawati Sunaryo; Riza Amalia;
Page : 322-328
Keywords : Workers Trade Unions Company Acquisitions;
Abstract
Changes in company ownership sometimes cause employers to ignore relations with workers and trade unions. Entrepreneurs do not realize that there is an employment agreement that must be maintained intact before the process of transferring company ownership. This must be taken into account because the old owner has a work relationship which is regulated through a work agreement or collective work agreement.This research aims to examine how the law provides protection for workers and also labor unions when a company acquisition occurs. This research uses normative methods. The conclusion of this research is that the rights of workers and trade unions in foreign companies that change ownership are protected by law. If we look at Law No. 13 of 2003 concerning Employment, protection for workers is contained in the provisions of Article 163 which states Employers can terminate employment relations with workers/laborers in the event of a change in status, merger, consolidation or change in ownership of the company and workers/laborers. is not willing to continue the employment relationship, then the worker/laborer is entitled to 1 (one) severance pay in accordance with the provisions of Article 156 paragraph (2), 1 (one) time period of service compensation as stipulated in Article 156 paragraph (3) and compensation money in accordance with the provisions in Article 156 paragraph (4).
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