Menimbang Keadilan dalam Hubungan Industrial: PHK akibat Perubahan PKWTT menjadi PKWT

Abstract

Abstract

Employment agreements are generally agreed upon before the commencement of the employment relationship, either verbally or in writing. In Indonesian labor practices, employment agreements are divided into two types: Fixed-Term Employment Agreements (PKWT) and Indefinite-Term Employment Agreements (PKWTT). This study aims to analyze the termination of employment (PHK) resulting from the change in the status of the employment contract from PKWTT to PKWT, as well as to examine the legal considerations of the judge in deciding the case, as reflected in Judgment No. 180/PDT/PDT.SUS-PHI/2021/PN Mdn. The research findings indicate that the conversion from PKWTT to PKWT has significant legal implications for employment relationships, including changes to workers' normative rights such as wages, working hours, and other benefits. Although PKWTT normatively provides more stable employment guarantees, in this case, the change to PKWT became the basis for the termination of employment. This creates legal uncertainty for workers, especially if the change in status is made without a valid agreement or violates the principle of worker protection. Therefore, stronger legal clarification is needed in the application of employment contract status to ensure certainty and fairness for both parties.