ERLINDUNGAN HUKUM TERHADAP PEKERJA PENYINTAS COVID-19 ATAS PEMOTONGAN UPAH OLEH PERUSAHAAN SELAMA MENJALANI ISOLASI MANDIRI

Abstract

Implementation of legal protection for wages of workers/laborers in employment
relations is urgently needed, bearing in mind that the socio-economic position of
workers/laborers is very weak, especially during the Covid 19 pandemic. Many
companies have ignored workers' rights, including the fulfillment of wages while
undergoing self-isolation which means workers are in the process of healing whose rights
are protected under the provisions of Article 40 of Government Regulation Number 36 of
2021 concerning Wages which mandates that every worker/laborer who does not work
due to illness, his wages are still paid in full.

This research is classified as a sociological research type, because it directly
conducts research on the locations or points examined to provide a complete and clear
picture of the problems examined. This research was conducted in Pekanbaru City with
sources from the Riau Province Manpower and Transmigration Office, while the sample
population was Covid-19 survivors who experienced wage deductions while undergoing
independent isolation. Sources of data used, primary data and secondary data, data
collection techniques in this study by interviews, literature review, and data analysis.

The results of this study are as follows: First, that the implementation of legal
protection against wage deductions experienced by workers who are survivors of Covid19
by
employers
in
several
cases
in
Pekanbaru
has
not
been
fulfilled
in
accordance
with

the

provisions of Article 40 of Government Regulation Number 36 of 2021 concerning
Wages. In practice, 8 out of 21 employers have deducted survivor workers' wages from
the basic wages, because workers undergo independent isolation for 15 days. Second,
efforts to resolve disputes between workers and employers can be carried out through
bipartite negotiations. If viewed from the concept of dispute resolution theory,
negotiations must proceed equally, must not proceed as normal internal negotiations by
not considering the condition of workers who experience illness. It is necessary to be
aware that employers/employers and workers in implementing work agreements must be
in accordance with legal protection based on Article 40 of the Government Regulation on
Wages which mandates that every worker/laborer who is not working due to illness, his
wages must still be paid in full and understand the concept of dispute resolution and the
bipartite negotiation mechanism in accordance with the provisions of Article 6 of Law
Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes also in
order to produce mutually beneficial agreements for both parties, in particular workers
must join a trade union.