Protecting the rights of laid-off workers during the COVID-19 pandemic after the enactment of Law No. 11/2020 on Job Creation

Abstract This study discusses the legal protection for workers whose employment relationship has been terminated after the enactment of Law No. 11/2020 on Job Creation which derives from the Indonesian Omnibus Law. The purpose is to examine the protection of laid-off workers’ rights under the Job Creation Law during the COVID-19 pandemic which has increased the threat of layoffs around the globe including in Indonesia. This study seeks to address the question of how employment termination, also known as layoff, is regulated in Law No.11/2020 on Job Creation which was repealed and replaced with Law No. 6/2023 to guarantee the rights and legal protection of laid-off workers during the COVID-19 pandemic. This is socio-legal research drawing on primary data related to the Job Creation Law and workers’ rights protection during the COVID-19 pandemic. The findings of the study indicate that the regulation of worker layoffs has changed in the Job Creation Law, including the procedure for implementing the layoffs that no longer require the verdict of the Industrial Relations Court. The study also found that the protection for workers by the Job Creation Law during this pandemic is in the form of severance pay, gratuity pay, and compensation in the amount of 0.5 of the provisions of Article 156, which is smaller than the provisions of Law No. 13/2003 on Employment.


Introduction
The COVID-19 pandemic unexpectedly exposed several unresolved human resource management problems.Not only the quality of employees, but above all the flexibility in the employer's ability to deal with human resources within months of lockdown have proven crucial to the company's survival in this time of crisis (Peráček, 2021).Since its worldwide outbreak early 2020, the COVID-19 pandemic has caused serious unprecedented damage to global workforce (Friedman, 2022).During the first wave, amid the lockdowns and other restrictive measures, many employees in the affected countries were required to work from home.Those with jobs that were impossible to do remotely were laid off for months or lost their jobs completely (Friedman, 2022).According to George Friedman, the group hit the hardest were lower middleincome households-people already vulnerable to unexpected employment changes and even minor financial losses.The outbreak of the pandemic has resulted in many chaotic unpredicted situations in the business world including employee layoffs, which brought about many legal consequences.In such an unprecedented situation, the protection for the parties, especially the workers must be guaranteed to ensure not only a sustainable working relationship, but also and more importantly the protection of workers' health and income (Gheorghe, 2020).However, if the layoffs must be carried out, protection must also be given to the workers as the consequences of the layoffs.Rudi Febrianto Wibowo and Ratna Herawati (2021) argue that the protection carried out on workers/laborers is intended to fulfill their basic rights and to ensure the harmony of agreement and treatment of their basic rights as well as to ensure the harmony and treatment without any discrimination (Wibowo & Herawati, 2021).This is intended to realize the welfare of workers/laborers and their families by considering a development in the progress of the business world.
In this regard, the regulation of layoffs should be a major concern of the policymakers, including when a disaster occurs which causes job losses due to disruption of business and productivity.Worker layoff is also regulated by Law No. 12/1964 on Dismissal of Employees, Law No. 13/2003 on Employment and Law No. 11/2020 on Job Creation which was repealed and replaced with Law No. 6/2023.Before the enactment of the Job Creation Law No. 11/2020, the protection provided to the laid-off workers was not implemented properly despite intending to improve Law No. 13/2003 on Employment.This has led to the rise of several issues related to providing layoff compensations.Laid-off workers often feel that they have been laid off arbitrarily by their companies.They suspect the employers ignored their right for severance pay, service period award, or compensation for entitlements as compensation for the layoffs (Vykel, 2014).
This study is crucial to find out how the protections provided to the workers who were laid off after the enactment of the Job Creation Law No. 11/2020 as the result of the economic decline that forced many companies to lay off their workers due to the COVID-19 pandemic.

Research methods
This study uses a sociological juridical approach drawing on both primary and secondary data dealing with the issues related to the protection of the rights of workers during the COVID-19 Pandemic after the enactment of the Job Creation Law No. 6/2023.The study also relies on the text-based method consisting of document study through library research as well as interviews with workers through the Labor Union, and the Industrial Relations Party at the Employment Office of West Sumatra Province.
The study used open-ended questionnaires in surveys to encourage a full answer, rather than the simple "yes" or "no" used in closed-ended questionnaires.Due to the pandemic, as the title of this study suggests, no direct interviews were conducted to comply with the nationwide travel ban and lockdown mandates to limit the spread of the Covid 19.However, some interviews were conducted over virtual platforms such as Zoom, Google Meet, etc.The study used random sampling to allow each sample an equal probability of being chosen as well as an unbiased representation of the total working population.

Overview of the Indonesian Omnibus Law and Job Creation Law
The term Omnibus Law is now widely discussed in Indonesia.This is because the Indonesian Government drafted an Omnibus Law whose goal is to encourage national economic growth.One of the Omnibus laws that has been enacted is Law No. 11/2020 concerning Job Creation which was repealed and replaced with Law No. 6/2023.Omnibus Law is a regulatory concept that combines several rules with different regulatory substance into one regulation under one legal umbrella.The regulations that are made are carried out to create new laws by revoking or amending several statutory regulations at once.In other terms, the concept of the Omnibus Law aims to target major issues that allow the repeal or amendment of several laws at once (across sectors) to then simplify the regulations to prevent concurrency/disputes and/or resistance between regulations (Omnibus Law).
The Omnibus law targets 3 major laws, namely the Job Creation Law, the MSME Empowerment Law and the Taxation Law.The Job Creation Law aims to regulate job creation efforts expected to absorb as wide a workforce as possible in Indonesia amidst increasingly competitive markets and the demands of economic globalization.Job Creation is an effort to create jobs through efforts to facilitate, protect and empower cooperatives and micro, small and medium enterprises, improve the investment ecosystem to facilitate business, central government investment and accelerate national strategic projects.The 10 scopes of this Law are: 1) improving the investment ecosystem and business activities; 2) employment; 3) convenience, protection, and empowerment of Cooperatives and MSMEs; 4) the ease of doing business; 5) research and innovation support; 6) land acquisition; 7) economic area; 8) Central Government investment and acceleration of national strategic projects; 9) implementation of government administration; and 10) imposition of sanctions.

Job Creation Law: Before and after enactment
On 5 October 2020, the House of Representatives (DPR) passed the Job Creation Bill on 5 October 2020.Despite civil protests, the bill was signed into Law No. 11/2020 concerning Job Creation.However, shortly after its enactment, the new law was declared unconstitutional by the Constitutional Court.

Layoffs according to the Law No. 11/2020 on Job Creation Law
Layoffs as stipulated in Article 1 section 25 of the EmploymentLaw are the termination of the employment relationship due to a certain matter which results in the termination of the rights and obligations between the worker/laborer and the entrepreneur.The working relationship (legal relationship) between workers/laborers and employers begins with an agreement both in writing and verbally which is embodied in an agreement (Lalu Husni, 2003).According to Peráček (2021) an employment relationship is established by a written employment contract between an employer and an employee.The rights and obligations including the layoffs as well as the working conditions can be determined based on the employment relationship.Article 1 section 15 of the Omnibus Law says that an employment relationship is a relationship between an entrepreneur and a worker/laborer based on a work agreement, which contains elements of work, wages, and instructions.
Furthermore, according to Article 50 of the Employment Law, an employment relationship occurs because of a work agreement between the entrepreneur and the worker/laborer.In general, the nature of the working relationship is to work under the leadership of another party Iman Soepomo, (1999).Iman Soepomo (1999) defines employment relationship as the relationship between workers/laborers and employer/boss that occurs after an agreement is made between the worker and the entrepreneur, where the worker declares his/her ability to work for the entrepreneur to receive a wage and where the employer promises to pay the said wage to the employee/worker.The relationship between the workers and the company is a reciprocal relationship that generates progressive benefits for both parties (Fathammubina & Apriani, 2018).Companies benefit from the presence of workers and workers get the opportunity to work and earn income from the jobs provided by the employers.Entrepreneurs or employers who provide work to workers are often considered determinants of the individual's welfare.Therefore, although legally the positions of employers and workers are considered equal, section but, or socioeconomically many entrepreneurs feel that their positions cannot be equated with workers (Khairani, 2021) because they can determine when a person's welfare ends (Fathammubina & Apriani, 2018).
With the emergence of the rights and obligations to both parties, a relationship in employment is created.This relationship is impossible without a binding agreement between employer and employee.Obligations need to be fulfilled for the rights to be created.Every citizen must achieve a prosperous life or in other words, a prosperous life is achieved by fulfilling the obligations as a workforce.Juridically the relationship between workers and employers is one that should be free and just.A person should not be enslaved or forced to work against their will.This would be a violation of not only international laws (the ILO Declaration and the Fundamental Principles and Rights at Work, 1998) but also Pancasila and the 1945 Constitution of the Republic of Indonesia as the legal basis of the Republic of Indonesia.However, the reality is that workers/employees are not always treated with dignity and respect by their employers.Their basic rights have always been threatened by their employers.This situation has been exacerbated by the Corona Virus pandemic.Sometimes, workers are forced to work or accept a working relationship with the employer despite knowing the burdensome nature of the employment relationship.Moreover, the current employment arrangement is not commensurate with the number of workers in need.
Due to the unequal position, the government must intervene in the employment relationship so that the parties comply with the laws and regulations, including the procedures for implementing the layoffs.In principle, layoffs must be avoided, therefore the actors in the production process try to avoid the layoffs.If all efforts have been made but the layoffs cannot be avoided, then the layoffs can be made after obtaining the verdict of the Industrial Relations Court.To obtain the verdict of the Industrial Relations Court as stipulated in Article 152 of the Employment Law which states that the application for the decision of the employment termination is submitted in writing to the industrial relations dispute settlement agency along with the reasons on which it is based.The application for determination as referred to in section 1 may be accepted by the industrial relations dispute settlement institution if it has been negotiated as referred to in Article 151 section 2. The verdict on the application for termination of employment can only be given by the institution for the settlement of industrial relations disputes if it turns out that the intention to terminate the employment relationship has been negotiated, but the negotiations do not result in an agreement.Termination of employment without the verdict of the Industrial Relations Court is null and void and the entrepreneur is obliged to employ the worker concerned and pay all wages and rights that should be received (Zaini, 2017), if the decision has not been made, both the entrepreneur and the worker must continue to carry out all their obligations (Article 155 sections 2 and 3, Article 170 of Law No. 13/2003 on Employment.
After the Job Creation Law came into effect, there was a change in the regulatory paradigm regarding the layoffs which includes procedures, types of layoffs, legal consequences, and sanctions for the employers who did not provide severance pay to the laid-off workers.The changes are as follows: (1) The procedure for implementing the layoffs in the Job Creation Law, firstly, the employer notifies the layoff plan of the worker/laborer concerned within 7 days, If the worker/laborer does not agree with the plan, the worker and entrepreneur must negotiate the purpose of the layoff in a bipartite manner.(2) Workers/Laborers who have received notice of Termination of Employment and declared refusal must make a letter of refusal accompanied by the reasons no later than 7 working days after receipt of the notification letter.
(3) In the event of a difference of opinion regarding the Termination of Employment Relations, the settlement of the Termination of Employment must be carried out through bipartite negotiations between the employers and the workers/laborers and/or Labor Unions.
(4) If the bipartite negotiations as referred to in section 2 do not reach an agreement, the settlement of the next stage of Termination of Employment is carried out through a mechanism for settling industrial relations disputes per the provisions of the legislation.
These changes make the implementation of layoffs in the Job Creation Law easier because the stages of submitting applications for the determination of the Industrial Relations Court are no longer needed and include no consequences for the implementation of layoffs without the determination of the Industrial Relations Court.
One of the reasons for carrying out layoffs according to the Job Creation Law is force majeure such as the COVID-19 Pandemic.To stop the spread of the coronavirus, never seen before, measures were put in place that include social distancing, working from home, or the layoff of some employees to allow companies to cope with the economic loss.With these restrictions, the Indonesian government through the Ministry of Manpower issued a Circular Letter of the Minister of Manpower No. M/3/HK.04/III/2020 on the Protection of workers/laborers and Business Continuity in the Context of Prevention and Control of Covid-19.Laying off workers is an action by employers to ask workers not to come to work for certain reasons.The company lays off workers in the practice of employment relations because: (a) the worker underwent a coaching process or a layoff process; (b) company operations are stopped or restricted; (c) orders and production decreased/reduced.Another casuistic reason, the company laid off workers due to natural disasters such as tsunamis, and flash floods, and non-natural disasters such as the COVID-19 outbreak (Juanda Pangaribuan, 2020).In addition to force majeure, companies can also lay off workers/employees to cope with higher costs resulting from the negative impact of COVID-19 pandemic on the economy as stated in Article 164 Section 3 of the Employment Law.However, the layoffs based on the company's efficiency policy, according to the Constitutional Court's Decision No.19/PUU-IX/2011, are constitutionally conditional if the company is permanently or temporarily closed.This means that companies can lay off workers for reasons of efficiency on the condition that the company closes either permanently or temporarily.This constitutional decision is meant to protect workers/employees against the economic consequences of the COVID-19 pandemic.These problems include layoffs, unpaid leaves, reduced working hours, and delays in paying salaries with the same workload (Sahetapy et al., 2020).Article 154A section 1 of the Job Creation Law, regarding the reasons that are allowed to carry out layoffs which are deemed not to protect the workers/laborers.There are several points from the verse that explain the layoffs that are felt to be detrimental to the workers/laborers.As a form of protection for all parties, the Government issued the Minister of Manpower Regulation No. 104/2021 on Guidelines for Implementing Work Relations during the COVID-19 Pandemic.This Ministerial Regulation essentially regulates how the working relationship can run well so that workers' income can be guaranteed, and the continuity of employers' business is guaranteed too so it is necessary to regulate how the work relationship is carried out.The government provided a guideline for the companies during the COVID-19 pandemic by issuing Minister of Manpower Decree No. 104/ 2021 on Guidelines for Implementing Employment Relations During the COVID-19 Pandemic on 13 August 2021 that says that employees working from home or those combining both office and home work or those who were temporarily laid off can still receive their wages as usual, and for the employers who are financially unable to pay the wages of their employees due to Covid-19, can make wage adjustments based on an agreement between employers and workers that is carried out fairly and proportionally while still paying attention to the survival of workers and business continuity.
Wage adjustments made by the employers during the COVID-19 pandemic were carried out based on an agreement that was the result of a dialogue between workers and employers, carried out in familiar deliberation and good faith transparency, i.e. the wage adjustment agreement was made in writing, and contained the amount of wage; method of payment of wages which can be done all at once or in stages; the validity period of the agreement.The results of the written agreement are submitted to workers and reported to the provincial Manpower Office online.

Compensation due to layoffs
In the Job Creation Law and Government Regulation No. 35/2021 on Work Agreement for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment, amendment was made to Article 156 (3) to state that the service award as referred to in section 1 is given based on the following provisions: (a) working period of 3 years or more, but less than 6 years, 2-month wage; (b) working period of 6 years or more, but less than 9 years, 3-month wage; (c) working period of 9 years or more but less than 12 years, 4-month wage; (d) working period of 12 years or more, but less than 15 years, 5-month wage; (e) working period of 15 years or more, but less than 18 years, 6-month wage; (f) working period of 18 years or more but less than 21 years, 7-month wage; (g) working period of 21 years or more, but less than 24 years, 8-month wage; (h) working period of 24 years or more, 10 months wages.

Reimbursement of rights
It is a gift in the form of money from the employers to the workers as a substitute for their rights that have not been taken, for example, annual breaks, long breaks, return trip costs, medical facilities, and housing.
(a) annual leave that has not been taken and has not fallen; (b) return costs for workers and their families to the place where the worker is accepted to work; (c) housing replacement as well as treatment and care are set at 15% of the severance pay and/ or service award for those who meet the requirements; (d) other matters stipulated in the work agreement, company regulations, and PKB.The compensation money that should be received as referred to in section 1 includes: (a) annual leave that has not been taken and has not yet fallen; (b) the cost of returning the worker/laborer and his family to the place where the worker/laborer is accepted to work; (c) other matters stipulated in the work agreement, company regulations, or collective labor agreement.
Further provisions regarding the provision of severance pay, service pay, and compensation for the entitlements as referred to in sections 2,3 and 4 shall be regulated by Government Regulation No. 35/ 2021 on Work Agreements for Specific Time, Outsourcing, Working Time, and Rest Time, and Termination of Employment.At the same time, there is a socio-economic problem that is marked by demonstrations of injustice in the field of employment, the unfulfilled rights of workers/decent wages, the weakness of the workers' organization as a channel for their aspirations, and the low awareness of implementing regulations among employers (Eriza, 2016).It can be seen from the points above that the termination of employment (lay-off) carried out by the entrepreneur/company has a lack of authority which can result in unilateral termination of employment (Wibowo & Herawati, 2021).Layoffs can also be made if the company undergoes a change of status, merger, or consolidation, and the employer is not willing to accept workers in his company.Furthermore, layoffs can be carried out because the company closes due to experiencing losses which have been proven by the financial statements of the last two years that have been audited by a public accountant or forced circumstances.Unlike what is stated in Article 157 A of the Job Creation Law, in this case, the entrepreneur/ company can terminate the employment relationship by suspending those who are undergoing the process of terminating the employment relationship, but the wages received are still given.For workers/laborers, wages are the main thing for them and their families (Sugiarti & Wijayanti, 2020).Termination of Employment Relations (Lay-off) per the provisions in Article 157 A must be proven by a decision of the industrial relations court.This amendment by the Job Creation Law does not change the entire Employment Law and is declared to remain in effect, this is per Article 185 of the Job Creation Law.The Job Creation Law can also be referred to as the universal sweep law because it can replace several statutory norms in one regulation (Pangaribuan, 2020).
Then there is the addition of criminal sanctions rules for the employers who do not pay the compensation money because it is considered a criminal offense with the threat of imprisonment for a minimum of 1 year and a maximum of 4 years and/or a fine for a minimum of Rp. 100,000,000.00and a maximum of Rp. 400,000,000.00.To the workers who are laid off as regulated in the Job Creation Law Article 156 section 1, criminal threats are also given to employers who do not re-employ after the Court's Decision declares the worker not guilty in the case against which he is accused as stipulated in Article 160 section 4, imprisonment for a minimum of 1 year and a maximum of 4 years and/or a fine of at least Rp.100,000,000.00and a maximum of Rp. 400,000,000.00.

Protection of workers due to layoffs during the COVID-19 pandemic
The COVID-19 pandemic that hit the world has impacted the Indonesian economy, resulting in restrictions in carrying out the companies' production process.The COVID-19 pandemic has also affected all aspects of people's lives, including the running of the company.If the layoff is carried out due to the COVID-19 pandemic, either for reasons of force majeure or the company is making efficiency, then the legal consequence is that the company is obliged to provide severance pay, award money and compensation for the rights of the workers as stated in Article 164 severance pay in the amount of 1 time as stipulated in Article 156 section 2, the reward for the service period is 1 time in the provisions of Article 156 section 3 and compensation for entitlements per the provisions of Article 156 section 4.
According to Article 156 sections 2, 3, and 4, workers receive severance pay which is calculated based on the working period of the worker/employee.If the work period has not been 1 year, then the severance pay is one month, the service period is 2 years and the severance pay is 2 months wages, and so on.The award money is also given if the worker has had a minimum of 3 years of service.The calculation is also based on years of service, if the worker has a period of 3 years working, the worker gets 1 1-month wage.Then, the compensation for this right depends on the contents of the agreement made by the worker and the entrepreneur/company during the employment relationship.Per Article 156 the severance payment to be paid by the entrepreneur is highly dependent on the period of service.This means that the legal protection of workers affected by layoffs is highly dependent on the model of the working relationship being carried out.If the employment relationship is made in writing, it can be seen how many years the employee has worked and how much they would receive.But if it is made orally, it would be difficult to determine the work duration and the salary.That is why it is crucial to have the work agreement in writing.The wages are the reward for the results of work that has been done or is seen as doing work.So, the position of wages is very important in determining the amount of severance pay to be received by workers who are laid off.Therefore, wages must be clearly defined in every employment relationship.The importance of the wage element in the employment relationship, even though the work agreement is only verbal, requires the employer to issue an employment letter stating the name of the worker, employment start date, and the salary of the employee.
Per the contents of the Decree of the Minister of Manpower No. 3/2020 which guides employers and permanent workers, the employment relationship continues by making several changes to the existing agreement through the agreement of the parties.The agreements concern the wages to be paid when workers are sent home, or work from home, or materials to receive in case of any layoff.This can happen because according to the clause in the circular letter it is left to the parties to agree.If so, the agreement made also concerns the rights of the laid-off workers, which is not per the provisions of Article 164 Section 2 of the Employment Law.If the worker agrees, there is no problem, but if he/she disagrees, chances are disputes erupt in the fulfillment of the rights of the laid-off worker during the pandemic, while the provisions of Article 164 do not provide for any punishment should either party default.
Based on the data from the Ministry of Manpower as of 7 April 2020, the impact of the COVID-19 pandemic on the formal sector, as many as 39,977 companies laid off as many as 1,010,579 employees/workers.The details are that 873,090 workers/laborers have been laid off formally from 17,224 companies and 137,489 workers/laborers have been laid off from 22,753 companies.Meanwhile, the number of companies and workers affected in the informal sector is 34,453 companies and the number of workers is 189,452 people.74430 companies laid off 1,200,031 workers/laborers.Meanwhile, for the West Sumatra Province because of COVID-19, 720 workers were laid off, 20 in Agam Regency, 3 in Lima Puluh Kota Regency, 34 in Tanah Datar Regency, 4 in Bukittinggi City, 565 in Padang City, 1 in Pariaman City, and 84 in Payakumbuh City (West Sumatra Department of Employment, 2021).
In its implementation, the application of the layoff rules depends on the good intentions of the company because not a few companies have been affected by the COVID pandemic so they can't operate anymore/companies close; to operate is difficult moreover to pay a severance fee.In addition, some companies rearrange work schedules with a day on and a day off system including the method of payment, and some companies are not affected and even make a lot of profit from the Covid conditions so that there are no problems with their business continuity.Meanwhile, in the Tangerang area, Riden (2021) of the FSPMI argues that hundreds of middle category companies with an average number of employees from 200 to 300 employees were closed while others laid off no less than thousands of employees.
The compensation they receive varies.Some receive 2 times as prescribed by Article 156 of Law No. 13/2003 while others receive 1 time.Some use Law No. 11/2020 which was repealed and replaced with Law No.6/2023, the majority of which do not have unions (Riden, 2021).This puts workers in the aggrieved party position which is considered as a weak state (Suhartono & Wijayanti, 2017).This situation causes workers to be often used as a marginal group (Wijayanti & Winarsi, 2019) that requires legal protection (Pedju, 2016;Wijayanti, 2012).

Conclusion
The enactment of Law No. 11/2020 on Job Creation Law which was repealed and replaced with Law No.6/ 2023 provides for employment and employment termination after the outbreak of the COVID-19 pandemic in Indonesia.It has brought significant changes to the protection of laid-off workers because of the abolition of the necessity of establishing an Industrial Relations Court that oversaw the execution of layoffs.In so doing, the new law has now made it easier for employers to carry out layoffs.Although there still is the need for bipartite negotiations, the new law reduces the possibility of any interference of a third party in the implementation of the layoffs.However, under this law, the rights of the laid-off workers are reduced because the compensation given depends on the reasons for the layoffs, For example, if the layoffs are carried out due to a force major situation such as the Covid-19, as is the case now, then the severance pay provided is half (0.5) from the provisions of Article 156 section 2, meaning that if the work period is 5 years, the severance pay should be 5 months wages but due to pandemic, the severance pay is only 2.5 times the wages.If the employer does not pay severance pay, service award, and compensation according to the provisions, the entrepreneur can be punished, but this also raises questions regarding the procedure for filing a complaint to the criminal court, which adds more stress and delays to the process because plaintiffs must gather evidence, which, in the end, creates potential difficulties for workers to obtain their rights.

Recommendations
The study recommends that the Industrial Relations Court must issue a decision to protect workers from unfair and arbitrary treatment by their employers.In this sense, the study suggests that the provisions of Article 151 of Law No 13/2003 on Employment be used as reference.Force majeure conditions during the COVID-19 pandemic should not be used as an excuse to carry out layoffs so as not to increase the burden on workers.Given the lockdown state in which it had been conducted, this study is limited in terms of respondents and areas.Therefore it is recommended that further studies be conducted in other locations with as many respondents as possible to determine the impact of the new Job Creation Law in the post COVID-19 era.
The COVID-19 pandemic allows workers to file layoff complaints for justified reasons as a force major specified in the new Law No. 11/2021 on Job Creation Law and Government Regulation No. 35/2021 on Work Agreements for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment.From a work comfort and insurance standpoint Law No. 13/2003 provides more rights to workers than Law No. 11/2020.But when it comes to security and guarantee after the loss of employment, Law No. 11/2020 does a lot for workers.

Table 1 .
There are changes and deletions to several articles in Law 13/2003.The following are the points of change in the Job Creation Omnibus Law compared to the Employment Law No. 13/2003: Based on the above table, it can be concluded that from a work comfort and insurance standpoint Law No. 13/2003 outperforms Law No. 11/2020.But when it comes to security and guarantee after the loss of employment, Law No. 11/2020 does a lot for workers.
Then if negotiations are reached and the layoff is still carried out, the worker can apply for the implementation of the layoff to the Industrial Relations Court for completion.This is stipulated in Article 82 of the Job Creation Law.Amendments to Article 156 of Law No. 13/2003 on Employment include an amendment to Article 39 which deals with Specific Time Work Agreement or Perjanjian Kerja Waktu Tertentu (PKWT), outsourcing, and layoff.
The provisions of Article 156 Section 4 are amended in the Job Creation Law and Government Regulation No. 35/2021 on Work Agreement for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment, so that they read as follows: