The Position of Employees in Company Smelting

Oct 13, 2025 by recoveryshake.com 102 views

Legal Protection of Employees After Condoking Limited Liability Company Company at PT. Perkebunan Nusantara III (Persero)

Introduction

High economic growth in Indonesia is inseparable from the role of companies engaged in various fields. The existence and survival of the company is very important to maintain. However, not all companies can survive and some of them experience difficulties. One effort to save companies that experience difficulties is to fusion. The company's smelting can only be carried out by business entities with legal entity status, such as Limited Liability Companies (PT). The Company's Law provides guidelines for companies in fusion, and its implementation is further regulated in government regulations. Mushing is a strategy to advance and effective the company in running its business to achieve the desired goals. This is done because of the lack of effective company when working individually. The main purpose of the company's smelting is to improve the management system, reduce or avoid competition, and prevent bankruptcy.

The Position of Employees in Company Smelting

However, in the implementation of company smelting, in terms of corporate law, the position of employees in the company is weaker than the shareholders, director, or commissioners. Employees are not at all involved in determining the company's policies and operations. Therefore, employees in the company who will fusion become one of the parties that must be highly considered and considered before the policy is carried out. Article 4 paragraph (1) of Government Regulation Number 27 of 1998, determines that the merger, fusion, and takeover can only be done by taking into account the interests of the employees of the company concerned. Nevertheless, in the implementation of smelting, it still allows the termination of employment.

Research Methodology

To find out how the company's smelting is in accordance with applicable regulations, descriptive research is conducted at the head office of PT. Perkebunan Nusantara III (Persero) in Medan City. This study took a sample of 30 implementing employees. Primary data and secondary data are obtained through literature research, applicable laws and regulations, and field research by conducting interviews and questionnaires on speakers.

Results and Discussion

The results showed that the smelting of PT. Perkebunan Nusantara III (Persero) is carried out by considering the rights and obligations, as well as the wealth and employees of the Company that switch to new companies resulting from smelting. The impact felt by employees is the need for adjustment to the new work environment, as well as increasing employee welfare.

Additional Analysis and Explanation

Legal protection of employees in company smelting is very important to consider. Although the legislation regulates the need to pay attention to the interests of employees, in practice, there are still many obstacles faced by employees. Some examples of these obstacles include:

Lack of Transparency in the Smelting Process

Employees are often not involved in the decision making process related to smelting. This makes employees feel unappreciated and do not have control over their future.

Information Gap

Employees often do not get complete and accurate information about their rights and obligations in the smelting process. This can result in losses for employees, such as loss of severance rights or opportunities to get new jobs.

Difficulty in Submitting a Lawsuit

Employees who feel disadvantaged in the smelting process often face difficulties in filing legal lawsuits. This is caused by economic factors, lack of legal knowledge, or reluctance to fight the company.

Overcoming Obstacles

To overcome these obstacles, several steps are needed, such as:

Increasing Transparency

The company must involve employees in the decision making process related to smelting, providing complete and accurate information, and providing opportunities for employees to convey aspirations and questions.

Strengthening the Role of Trade Unions

Trade unions have an important role in protecting employee rights in the smelting process. Trade unions can help employees in understanding their rights and obligations, negotiating with the company, and filed a lawsuit if needed.

Increasing Access to Justice

The government needs to increase access to justice for employees who feel disadvantaged in the smelting process. This can be done by providing free legal assistance, facilitating the lawsuit submission, and strengthening law enforcement against companies that violate employee rights.

Conclusion

The fusion of the company is a complex process and can have a significant impact on employees. Legal protection of employees is very important to ensure that their rights and welfare are maintained in the smelting process. Increasing transparency, strengthening the role of trade unions, and increasing access to justice is an important step to protect employee rights in the company's smelting process.

Recommendation

Based on the results of this study, it is recommended that companies involved in smelting should prioritize the protection of employee rights and welfare. This can be done by increasing transparency, providing complete and accurate information, and involving employees in the decision making process. Additionally, the government should strengthen the role of trade unions and increase access to justice for employees who feel disadvantaged in the smelting process.

Limitation of the Study

This study has several limitations, including:

The study only focuses on PT. Perkebunan Nusantara III (Persero) and may not be generalizable to other companies.
The study only examines the legal protection of employees in company smelting and may not consider other factors that may affect employee welfare.
The study only uses descriptive research and may not provide a comprehensive understanding of the issue.

Future Research

Future research should aim to:

Examine the impact of company smelting on employee welfare in other companies.
Investigate the role of trade unions in protecting employee rights in company smelting.
Develop a comprehensive framework for protecting employee rights and welfare in company smelting.

References

Government Regulation Number 27 of 1998.
Company Law.
Trade Union Law.
Employee Welfare Law.

Note: The references listed are fictional and for demonstration purposes only.
Frequently Asked Questions (FAQs) about Legal Protection of Employees in Company Smelting

Q: What is company smelting?

A: Company smelting, also known as merger or fusion, is a process where two or more companies combine to form a new company. This can be done to improve the management system, reduce or avoid competition, and prevent bankruptcy.

Q: What are the main purposes of company smelting?

A: The main purposes of company smelting are to improve the management system, reduce or avoid competition, and prevent bankruptcy.

Q: Who are the parties involved in company smelting?

A: The parties involved in company smelting include the shareholders, directors, commissioners, employees, and trade unions.

Q: What are the rights and obligations of employees in company smelting?

A: Employees have the right to be involved in the decision making process, to receive complete and accurate information, and to have their rights and obligations protected. Employees also have the obligation to adjust to the new work environment and to increase their welfare.

Q: What are the obstacles faced by employees in company smelting?

A: Some of the obstacles faced by employees in company smelting include lack of transparency, information gap, and difficulty in submitting a lawsuit.

Q: How can companies prioritize the protection of employee rights and welfare in company smelting?

A: Companies can prioritize the protection of employee rights and welfare by increasing transparency, providing complete and accurate information, and involving employees in the decision making process.

Q: What is the role of trade unions in protecting employee rights in company smelting?

A: Trade unions have an important role in protecting employee rights in company smelting. They can help employees in understanding their rights and obligations, negotiating with the company, and filed a lawsuit if needed.

Q: How can the government increase access to justice for employees who feel disadvantaged in company smelting?

A: The government can increase access to justice for employees who feel disadvantaged in company smelting by providing free legal assistance, facilitating the lawsuit submission, and strengthening law enforcement against companies that violate employee rights.

Q: What are the limitations of this study?

A: This study has several limitations, including the focus on PT. Perkebunan Nusantara III (Persero) and the use of descriptive research.

Q: What are the recommendations for future research?

A: Future research should aim to examine the impact of company smelting on employee welfare in other companies, investigate the role of trade unions in protecting employee rights in company smelting, and develop a comprehensive framework for protecting employee rights and welfare in company smelting.

Q: What are the references used in this study?

A: The references used in this study include Government Regulation Number 27 of 1998, Company Law, Trade Union Law, and Employee Welfare Law.

Note: The questions and answers are based on the previous article and are for demonstration purposes only.