Analysis of Termination of Employment Due to Company Fire at PT Richtex Garmindo (Study of Supreme Court Decision No. 726 K/Pdt.Sus-PHI/G/2015)

Analisis Pemutusan Hubungan Kerja Akibat Perusahaan Terbakar pada PT Richtex Garmindo (Studi Putusan MA No 726 K/Pdt.Sus-PHI/G/2015)

Abstract

Termination of employment due to company fire at PT Richtex Garmindo is included in the disaster or Force majeure, as the termination of employment is regulated in Article 164 paragraph (1) of Law Number 13 Year 2003 concerning Manpower. However, in Supreme Court Decision No. 726 k/Pdt.sus-PHI/G/2015, the company did not carry out its obligations to pay severance pay, long service pay, and compensation pay to workers, so that the termination of employment was not in accordance with the principles of justice for workers. The judge's consideration in adjudicating industrial relations disputes in termination of employment due to company fire at PT Richtex Garmindo based on Decision No. 726 k/Pdt.sus-PHI/G/2015, where the Panel of Judges considered that the Industrial Relations Court at the Semarang District Court had misapplied the law regarding the expiration of filing a lawsuit, as from the receipt of the Supreme Court Decision in the previous case which gave the decision "the lawsuit is inadmissible" until the lawsuit is filed has exceeded the grace period of 2 (two) years so that the Plaintiffs' lawsuit has expired. However, based on the analysis carried out, the Panel of Judges should be able to make force majeure as the main consideration in granting termination of employment by the company, because the legal facts have been clearly seen that the company suffered a fire so that the employment relationship between employers and workers could not be continued.