PENERAPAN HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA TIDAK LULUS MASA PERCOBAAN TERHADAP PEKERJA / BURUH PASCA BERLAKU UNDANG-UNDANG CIPTA KERJA

Termination of Employment (PHK) is a matter that results in the end of rights and obligations between workers and employers. In layoffs, disputes sometimes arise. This research is formulated to find out how the regulation and application of layoffs carried out by PT Glostar Indonesia after the UUCK. This research is conducted using juridical-empirical law, the results of the research show, first, that PKWT cannot be required to have a probationary period. For employers who regulate the probationary period to follow the Labor Law. Workers are terminated on the grounds that they do not pass the probationary period must be notified properly. If it cannot be avoided, layoffs must be negotiated. In the event that the negotiation does not result in an agreement, the mechanism for Settlement of Industrial Relations Disputes (PPHI) can be used. Second, the technical implementation of the probationary period is declared to have passed or not passed in the third month, a 7-day notice must be given if it is declared not to have passed. Workers who refuse can make a letter of refusal. The implementation contradicts the GSI PKB where layoffs are carried out after there is a determination. In the event that negotiations do not result in an agreement, a mechanism for Settlement of Industrial Relations Disputes (PPHI) can be used.

Keywords: Layoff, Probationary Period, Notice Letter