{"title":"关于 PT.GADING BHAKTI 公司员工遣散费协议的实施情况GADING BHAKTI","authors":"Eka Aria Mawar, Dara Quthni Effida","doi":"10.55047/polri.v2i3.663","DOIUrl":null,"url":null,"abstract":"PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. Gading Bhakti to effectively fulfill its obligations regarding severance payments.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"77 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI\",\"authors\":\"Eka Aria Mawar, Dara Quthni Effida\",\"doi\":\"10.55047/polri.v2i3.663\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. 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引用次数: 0
摘要
PT.Gading Bhakti 是一家私营公司,也是 PT.Mapoli Raya 公司从事棕榈油种植和加工业。2021 年,其母公司 PT.Mopli Raya 公司(其母公司)根据第 17/pdt-SUS-PKPU/2020/PN.Niaga Medan 号法令和 2003 年第 13 号法律《就业法》第 95 条第 4 款被宣布破产,该条款规定破产公司应优先清偿债务。尽管如此,PT.Gading Bhakti 公司未能向 25 名退休员工偿还债务,导致他们无法领取离职后福利。本研究旨在调查 PT.Gading Bhakti 公司执行遣散费协议的情况,以及该公司为履行员工遣散费义务而采取的措施。采用的研究方法是司法实证法,即观察正在发生的事件并直接检查 PT.Gading Bhakti 公司执行遣散费协议的情况。此外,本研究还探讨了该公司在履行员工遣散费方面的尝试。令人遗憾的是,协议的执行导致了违约,遣散费没有得到应有的履行。公司做出了各种努力,包括重新安排协议时间和提交遣散费文件。另一方面,员工们通过口头警告、调解、媒体介入和向有关当局寻求援助等方式,寻求解决 PT.Mapoli Raya 公司(PT. Gading Bhakti 公司是其子公司)的前雇员寻求解决。总之,本研究强调了退休员工在领取离职后福利方面所面临的挑战,以及 PT.Gading Bhakti 公司需要切实履行其在遣散费方面的义务。
IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI
PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. Gading Bhakti to effectively fulfill its obligations regarding severance payments.