Critical Analysis of Legal Protection for Workers Who have been Terminated Due to A Change in the Status of Their Employment Relationship

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Yayuk Sugiarti, Asri Wijayanti

Abstract

Work relations are expected to take place properly. Unfortunately, termination of employment happens sometimes. This study aims to determine the form of legal protection and legal remidies from workers who have been terminated due to change in their employment status. This research is a normative juridical with s statutory approach. The result of this study was the change in the employment status could only be done if there is agreement from both parties to re-contract. The absence of a re-contract agreement is a tort. The injured employee can make a tort against the contract which results in termination of the legal relationship. The conclusion stated that termination of employment without a contracting from a change in the employment status is tort and workers can claim the compensation for tort.

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