Jazuli, Anam Supriyanto, and Wariaji as Petitioners in judicial review of Employment Act brings Airlangga University Faculty of Law, M. Hadi Subhan as an expert at a hearing that was held on Wednesday (25/9). Hadi said that the elimination of severance for laid off workers detained on the grounds is contrary to the principles of justice. Hadi also confirmed elimination of severance pay for laid off workers to resign because also contrary to justice.

Hadi thinks so because his life has meaning in the form of severance awards for workers’ self- dedication to the company, so the company’s severance granted cannot be attributed to the cause of termination of employment (PHK). Hadi said it was due for a working wage received by workers is not comparable to what is done. "In an economic theory that labor costs ranged from ten percent of the entire cost of the company as a whole. That is, the first dollars paid by employers to workers that can generate 10 rupiah for entrepreneurs. This means that there is an imbalance of achievement and tegenprestatie that in this working relationship," said Hadi active in defending the rights of workers.

Hadi also illustrates that the real wages of labor even fit the current minimum wage in rupiah nominal is relatively large, but if the amount of dollars is substitutable with goods , rice for example, wage laborer looks really plummeted. "The wages received by workers 20 years also fell 50 percent. In the 1990s, the labor costs if we buy the rice will be 350 kilograms of rice. But, now in Jakarta even with UMR two million two hundred thousand rupiah when bought rice can only buy 220 kilograms of rice. This value means that the real value of wages than it has been dropped," said Hadi.

If in terms of wages alone is dropped, severance pay for workers should be fought as a form of respect, do not let the severance eliminated. Hadi continued, under Article 161 of the Manpower Law stated that violate workers get severance agreement. Meanwhile, according to Article 162 of the Act if the worker farewell well actually not given severance. With the existence of such provisions as if the state does not educate that workers behave well so that when lay off will be given severance pay and vice versa.

Related to the withholding of severance for laid-off workers who have arrested, Hadi argued that there is no reason that justifies the company to lay off workers was detained. According to Hadi, the company did not experience any losses if workers were detained because the company itself decides when workers were detained, the company does not have to pay the workers’ wages. Because the company does not lose anything, Hadi argued the company does not have to do layoffs of workers arrested, especially if the detention workers have binding legal force of a court. ( Yusti Nurul Agustin / mh )