被收购公司退休员工获得遣散费权利的法律确定性

Fajar Ramadhan, Agus Mulya Karsona, Holyness N Singadimeja
{"title":"被收购公司退休员工获得遣散费权利的法律确定性","authors":"Fajar Ramadhan, Agus Mulya Karsona, Holyness N Singadimeja","doi":"10.25041/aelr.v4i2.3134","DOIUrl":null,"url":null,"abstract":"The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal Certainty of the Right to Severance Pay for Workers Who Retire in Companies That Undergo Acquisitions\",\"authors\":\"Fajar Ramadhan, Agus Mulya Karsona, Holyness N Singadimeja\",\"doi\":\"10.25041/aelr.v4i2.3134\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.\",\"PeriodicalId\":52589,\"journal\":{\"name\":\"Administrative and Environmental Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative and Environmental Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.25041/aelr.v4i2.3134\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative and Environmental Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25041/aelr.v4i2.3134","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

数字时代交易的便利性提高了贸易领域企业之间的竞争力。为了维持公司的存在,公司通过收购过程进行重组并不罕见。然而,收购过程对原公司工人的存在产生了影响,特别是对进入退休年龄的工人。关于创造就业的2023年第6号法第61条第(3)款规定了工人权利责任的转移,说明新雇主有责任实现工人的权利,但该法允许的转移协议并不保证整个工人权利的实现。因此,有必要了解经历收购的公司员工进入退休年龄的法律确定性,以及经历收购的公司员工进入退休年龄的遣散费权利的实施情况。合法的方法包括查看二手数据或图书馆资源。结果显示,根据《2023年第6号创造工作岗位法》中有关临时替代(PHK)的规定,被解雇的员工可以获得遣散费、长期服务金、补偿金。在被收购的公司中,因进入退休年龄而被终止雇佣的工人的权利是根据工人在公司的服务年限以及工人在工作期间未获得的可作为名义货币使用的权利来计算的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Certainty of the Right to Severance Pay for Workers Who Retire in Companies That Undergo Acquisitions
The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
11
审稿时长
24 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信