从《劳动法》看新冠肺炎疫情期间的工资和遣散费

Emi Wakhyuni, Siti Nurhayati, Abdi Setiawan
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摘要

2019冠状病毒病大流行于2019年12月底在中国武汉市首次发现。这种病毒传播非常迅速,并已蔓延到包括印度尼西亚在内的几乎所有国家。由于冠状病毒的传播,它对经济部门、商业、旅游、工业、卫生等多个部门产生了负面影响。旅游业受到新冠肺炎大流行的严重打击。到目前为止,印尼几乎所有的旅游目的地都已关闭。这是一个非常困难的情况,在印度尼西亚,几乎所有的旅游目的地、酒店、设施和娱乐场所都关闭了,根据政府的建议,只允许50%的游客进入。卡罗摄政政府也面临同样的问题,支持卡罗摄政原始地区收入(PAD)的部门之一来自旅游业,而Brasatagi街道是卡罗摄政旅游业支柱的街道之一。说到旅游业,与旅游业最密切相关的行业是酒店和餐馆。从2020年到2021年年中,布拉斯塔吉地区的酒店入住率下降了近90%。Brastagi区的游客访问量、酒店入住率和餐馆游客数量的大幅下降,使旅游景点、酒店和餐馆的企业家遭受了巨大损失。雇主不再能够支付所有的运营成本,包括工人的工资成本。这迫使雇主重新安排他们的工作时间,并计算他们仍然允许雇用的工人数量。其中一些是通过给员工休假来实现的,其中一些人不再能够生存,被迫暂时裁员,削减工资。或者终止其雇员的雇佣关系。这些发现在这项研究中,雇主仍需要全额支付工资的形式基本工资和固定津贴,只要工人下岗COVID-19大流行期间,需要为下岗工人提供遣散费按照第156条第2003号法律关于人力和第九部分,第三十七条关于支付工资的工资没有破产的政府监管。2015年第78号。
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Analysis of Wages and Severance Pay During the Covid-19 Pandemic Reviewed from Labor Law
The Corona Virus Disease 2019 pandemic was first discovered in the city of Wuhan, China at the end of December 2019. This virus spreads very quickly and has spread to almost all countries, including Indonesia. As a result of the spread of the Corona virus, it has a negative impact on several sectors such as the economic sector, business, tourism, industry, health and so on. The tourism sector has been hit hard by the Covid-19 pandemic. Until now, almost all tourist destinations in Indonesia are closed. This is a very difficult condition, in Indonesia almost all tourist destinations, hotels, facilities, and entertainment are closed and are only allowed for 50% of visitors based on Government recommendations. The Karo Regency Government is also facing the same problem, one of the sectors that is relied upon to support Karo Regency's Original Regional Revenue (PAD) is from the tourism sector, and Brasatagi Subdistrict is one of the sub-districts that is the mainstay of the tourism sector in Karo Regency. Speaking of the tourism sector, the industry that is most closely related is Hotels and Restaurants. Throughout 2020 until mid-2021, the hotel occupancy rate in the Brastagi District fell by almost 90%. The very significant decline in the level of tourist visits, hotel occupancy and restaurant visitors in Brastagi District has caused entrepreneurs of tourist sites, hotels and restaurants to suffer huge losses. Employers are no longer able to cover all operational costs, including the cost of wages for workers. This forces employers to rearrange their working hours and calculate the number of workers that they still allow them to employ. Some of this is done by applying alternate vacations or leave to their employees, some of them who are no longer able to survive, are forced to lay off temporarily, cut wages. or terminate the employment of its employees. The findings in this study are that employers are still required to pay wages in full in the form of basic wages and fixed allowances as long as workers are laid off during the COVID-19 pandemic and are required to provide severance pay for workers who have been laid off in accordance with Article 156 of Law No. 2003 concerning Manpower and the Ninth Part, Article 37 concerning Payment of Wages in a State of Bankruptcy in the Government Regulation concerning Wages no. 78 of 2015.
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