Social Science
Legal Protection for Workers who are at risk of being laid off due to exposure to Covid-19
M Tanzil Multazam,
Nurul Isroiyah
Peer Reviewed
Abstract
This study aims to find answer to the problem of workers who are laid off because of illness for less than 12 month, Article 81 No 40 of the job Creation Law “Termination of employment carried out for reasons as referred to in paragraph (1) is null and void by law and the employer obliged to re-employ the worker concerned”. If the company continues to lay off workers, the workers can make demands which in the lawsuit contain alternative demands, namely: demanding that they be re-employed or demanding workers’ rights in accordance with Law No.13 of 2003. This research uses qualitative research methods that study the legislation and the principles contained in the legislation. The conclusion of the study is that layoffs carried out on the grounds that workers are exposed to Covid-19 are considered ineligible in the provisions of the law, because sick workers should receive protection from the company when carrying out obligations to the company and the company should fulfil responsibilities by providing protection and rights to workers tied to the company.
Key Questions
What does Article 81 No. 40 of the Job Creation Law state regarding termination of employment due to illness?
Article 81 No. 40 of the Job Creation Law stipulates that termination of employment due to illness for less than 12 months is null and void. Employers are obligated to re-employ the affected workers. If an employer proceeds with such a termination, the worker can demand reinstatement or claim their rights under Law No. 13 of 2003.
What legal protections exist for workers terminated due to contracting COVID-19?
Workers terminated due to contracting COVID-19 are protected under Indonesian labor laws, which consider such terminations invalid if the illness period is less than 12 months. Employers are required to provide protection and fulfill their responsibilities towards sick workers, including re-employment upon recovery.
What legal recourse do workers have if terminated due to illness lasting less than 12 months?
Workers can challenge the termination by demanding reinstatement or seeking their rights under Law No. 13 of 2003. This may involve legal proceedings to enforce their entitlements and ensure compliance with labor laws.
What are the employer's obligations towards workers who fall ill?
Employers are obligated to protect and fulfill the rights of workers who fall ill, including providing necessary support during the illness and ensuring re-employment once the worker has recovered, provided the illness does not exceed 12 months.
What are the implications for employers who unlawfully terminate workers due to illness?
Employers who unlawfully terminate workers due to illness lasting less than 12 months may face legal challenges, including lawsuits demanding reinstatement or compensation. Such actions can lead to legal penalties and damage to the employer's reputation.
