HAK UPAH TERHADAP TENAGA KERJA YANG DIRUMAHKAN AKIBAT PANDEMI COVID-19 BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2013 (STUDI KASUS : PUTUSAN NOMOR 60/PDT.SUS-PHI/2020.GTO

Abstract

During the Covid-19 Pandemic Period there were many problems experienced by the
workforce, especially related to the provision of wages or salaries. In Decision No.
60/Pdt.sus-PPHI/2020/PN.Gto, which made the defendant consider the situation in a pandemic
as impossible for the defendant to get rid of, therefore the elements contained in article 93
paragraph 2 letter f were not achieved. Therefore, there is no obligation for employers to
provide compensation to workers who have been laid off due to the COVID-19 pandemic.
This creates legal uncertainty between the Manpower Act and the Minister of Manpower
Decree No. M/3HK.04/III/2020 which regulates the provision of wages must be based on an
agreement between the company and the workers. Aan Supu has worked as an employee of
PT. Paradise Cipta Persada with a working period of 6 years, and was sent home due to the
covid-19 pandemic then he did not get the right to his wages (salary) while he was home. Aan
Supu filed a lawsuit to the Industrial Relations Court at the Gorontalo District Court, but the
lawsuit was completely rejected by the panel of judges. This research is normative with
analytical descriptive nature. The type of data used in this research is secondary which
includes primary legal materials and secondary legal materials. The results of the writing show
that when viewed from Law No. 13 of 2013 concerning employment. The author concludes
that because of that the rights and obligations of each party must be fulfilled until there is a
decision from the Industrial Relations Court Institution, in which workers will get legal
protection by obtaining wage rights, or service fees.