The Legal Impact of Merger, Acquisition, and Other Corporate Restructuring Activities on Employment Relationship Based on Labor Law in Indonesia After the Enactment of the Job Creation Law

None Aziz Rahimy
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Abstract

Mergers, acquisitions, and other corporate restructuring activities are regarded as one of the strategic steps to maintain the company's existence and to carry out business growth, which can be done when the company is in financial difficulties or when the company intends to develop its business and increase its revenue. However, there have often been problems in the past related to employment relations and other legal issues on employment law. This study aims to determine the legal impact of merger, acquisitions, and other corporate restructuring activities on employment relations based on employment regulation in Indonesia after enactment of Law concerning Job Creation. This study uses the normative juridical method with descriptive analysis characteristics. The results of the study show that in the event of a corporate restructuring activities, the employment relationship may continue as long as there is no termination of employment, whether it arises at the initiative of the employer or the employee. The law provides preventive as well as repressive protection for employees in the event of corporate restructuring activities.
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《创造就业法》颁布后,基于劳动法的印尼并购及其他企业重组活动对雇佣关系的法律影响
兼并、收购和其他公司重组活动被视为维持公司生存和实现业务增长的战略步骤之一,当公司陷入财务困难或公司打算发展业务和增加收入时,可以这样做。然而,过去经常出现与雇佣关系和其他劳动法法律问题有关的问题。本研究旨在确定合并、收购和其他公司重组活动对就业关系的法律影响,基于就业法规在印度尼西亚颁布《创造就业法》后。本研究采用具有描述性分析特点的规范法学方法。研究结果表明,在企业重组活动中,只要没有终止雇佣关系,雇佣关系就可以继续存在,无论是雇主还是雇员主动提出的终止雇佣关系。该法律在公司重组活动中为雇员提供预防性和压制性保护。
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