PENERAPAN SKEMA TUPE PADA PERALIHAN PERUSAHAAN ALIH DAYA (PKWT NO. 643/PKWT-GSI/…/2026)

Abstract

This research is motivated by the inadequate legal protection for outsourced workers, particularly when there is a change in labor service provider companies. In practice, Fixed-Term Employment Agreements (PKWT) still contain clauses that eliminate workers’ rights to compensation when employment ends due to the termination of cooperation between service providers and service users. This issue is examined through the principles of Transfer of Undertaking Protection of Employment (TUPE), Article 61A of the Manpower Law, and Article 15 paragraph (1) of Government Regulation Number 35 of 2021. The study aims to analyze the conformity of compensation-free termination clauses in PKWT with labor law provisions and TUPE principles, as well as the legal consequences arising from their implementation. Using a normative legal research method with statutory and conceptual approaches, this study relies on primary and secondary legal materials analyzed descriptively and qualitatively. The findings indicate that the clause in Article 7 paragraph (5) of the PKWT is inconsistent with labor laws because it removes workers’ rights to compensation and fails to guarantee continuity of employment for outsourced workers. Moreover, the clause contradicts the TUPE principle, which emphasizes the protection of workers’ rights and the continuation of employment despite changes in service provider companies. Consequently, such a clause may be declared null and void or considered legally unenforceable, ensuring that workers retain their rights to compensation and legal protection under applicable laws.