Perlindungan Hukum terhadap Pekerja Perjanjian Kerja Waktu Tertentu (PKWT) atas Pemutusan Hubungan Kerja (PHK) Sepihak oleh Perusahaan

Abstract

Employment development aims to achieve prosperity as mandated by the 1945 Constitution. However, the practice of using Fixed-Term Employment Agreements (PKWT) often leads to violations, particularly unilateral termination of employment (PHK) before the contract expires. This study aims to analyze the provisions of PKWT in laws and regulations and the forms of legal protection for workers experiencing unilateral layoffs. The method used is normative juridical, with an approach to laws and regulations, literature, and court decisions. The results of the discussion indicate that PKWT is regulated by Law No. 13 of 2003 in conjunction with Law No. 6 of 2023 and Government Regulation No. 35 of 2021, limited to temporary employment with a maximum cumulative term of five years, and can be changed to permanent status if the provisions are violated. Legal protection includes the right to compensation for remaining contractual obligations, compensation for length of service, mandatory layoff procedures, and dispute resolution channels. Although regulations are adequate, law enforcement still needs to be strengthened.