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Autor/in | Israhadi, Evita Isretno |
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Titel | The Social Impact of "Force Majeure" and the Consequences of the Determination of the COVID-19 Disaster Status on Learning the Manpower Law |
Quelle | In: Journal of Social Studies Education Research, 11 (2020) 4, S.28-51 (24 Seiten)Infoseite zur Zeitschrift
PDF als Volltext |
Sprache | englisch |
Dokumenttyp | gedruckt; online; Zeitschriftenaufsatz |
ISSN | 1309-9108 |
Schlagwörter | Foreign Countries; Labor Legislation; Employment Practices; COVID-19; Pandemics; Unemployment; Contracts; Job Layoff; Dismissal (Personnel); Job Skills; Skill Development; Indonesia |
Abstract | This study aims to explore learning about the labor law regarding the "Force Majeure" event due to the determination of the 2019 Corona Virus Disease pandemic (COVID-19) National Disaster, which has implications for the termination of employment in Indonesia. This type of research is normative-empirical legal research. Research using non-judicial studies is based on primary legal materials, social behavior guidelines, and relevant previous research. Data are identified using an approach statute which emphasizes empirical legal learning to lead to problem-solving. Results show that the impact of social "force majeure" on Termination of Employment due to the determination of the COVID-19 disaster status imposed by the government has resulted in an increase in unemployment and increased economic difficulties for the community. The law of "force majeure" based on labor regulations and policies reveals that layoffs are carried out after going through the renegotiation process stage. Layoffs cannot just be carried out unilaterally by companies, especially on the COVID-19 outbreak. This is because there are independent auditing steps carried out by stakeholders before actually being declared to have experienced a force majeure condition and enforcing layoffs. In other words, layoffs can be done if both parties have negotiated and are looking to solve the company's financial problems. This research's main contribution is for stakeholders, especially work bound by the company's work contract. By increasing the legal literacy "force majeure," the unemployment rate due to layoffs should be controlled. In this case, the government needs to review the Manpower Act regulation related to the "force majeure" criteria so that social justice can truly be realized for Indonesian workers. (As Provided). |
Anmerkungen | Journal of Social Studies Education Research. Serhat Mah. 1238/2 Sok. 7B Blok 12 Ostim, Yenimahalle, Ankara, Turkey; Web site: http://jsser.org |
Erfasst von | ERIC (Education Resources Information Center), Washington, DC |
Update | 2024/1/01 |