Abstract

Phenomenon of layoffs for reasons that are not in accordance with Article 158 Juncto Article 164 Paragraph (3) Law Number 13 of 2003 concerning Manpower (UUK) Juncto Article 154 A Letter (b) Page 553 of Law Number 11 of 2020 concerning Copyright Employment (Omnibuslaw), the two regulations above regulate the reasons for the company to terminate or terminate the employment relationship (PHK) on the grounds of company efficiency, this has become a polemic regarding the phrase "efficiency", the regulation of the Job Creation Act invites public reaction to request a material review Based on the method of merging several laws into one law (omnibuslaw), the Constitutional Court through its decision number 91/PUUXVIII/2020 decided to moratorium on the work copyright law for 2 years. labor law against unpaid severance pay after termination of employment for reasons of efficiency in the decision san cassation number: 268 k/pdt.sus-phi/2021? And how are the judges' legal considerations against PT Wellbest which applies the Termination of Employment on the grounds of efficiency in the cassation decision number: 268 k/pdt.sus-phi/2021 The approach method to data and legal materials is carried out by analyzing cases (case study), Analysis or approach method to data and legal materials is carried out by descriptive analysis, namely examining legal aspects regarding employment, this legal research is in the form of library research. As a library research, the processed data is secondary data, so this research is also called normative legal research The first analysis of the problem is to discuss the legal remedies for labor against wages that are not paid while waiting for termination of employment on the grounds of efficiency as outlined in the judicial review, considering that the judicial review is the last legal remedy, related to the phrase reasons for efficiency to give layoffs to workers. . And the Industrial Relations Court cannot consider the Wahyuningsih case, using the legal interpretation contained in Omnibuslaw, especially in the case of the norm provisions which abolish the rules regarding the period of a certain time work agreement (PKWT) or Contract Workers as regulated in Article 59 paragraph (4) Manpower Law (Vide Article 81 Indonesian Omnibuslaw