ANALISIS YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR 992 K/PDT.SUS-PHI/2024 MENGENAI PHK AKIBAT DARI MUTASI ANTAR PERUSAHAAN

Abstract

This research analyzes the transfer of employment responsibility in inter-company worker transfers within the same corporate group without a new employment agreement, focusing on the case study of Supreme Court Decision Number 992 K/Pdt.sus-PHI/2024. The central issue examined is whether a transfer to a different legal entity can automatically terminate the previous employment relationship through the transfer of rights payments. Utilizing a normative legal research method with statutory, conceptual, and case approaches, this study examines the differences in legal reasoning between the Bandung Industrial Relations Court (PHI) and the Supreme Court. The analysis results show that the Supreme Court applied the substance over form principle and the silent consent (facta concludentia) doctrine in its decision. The Supreme Court opined that even in the absence of a new written agreement, the employment relationship legally transferred to the new company because the worker had performed work, received wages, and submitted to orders from that entity for several months. This research concludes that employment responsibility is fully transferred when the essential elements of an employment relationship - work, wages, and orders - have been cumulatively fulfilled by the receiving company, which is then construed as the worker's silent consent.