JURIDICAL IMPLICATIONS OF SPIN OFF AT PT PLN (PERSERO) REVIEWED FROM THE PERSPECTIVE OF LEGAL PROTECTION FOR WORKERS

Abstract

One of the corporate actions carried out by companies in the form of limited liability companies is
restructuring to achieve competitiveness and competition to meet market demands and maintain their
existence. One of the restructurizing carried out is through impure separation (spin off) towards one of
the business units which has an impact on the organizational structure and changes in the status of
workers in the limited liability company. The separation mechanism is impure (spin off) This group
company in a State-Owned Enterprise (BUMN) has not been specifically regulated in a regulation,
giving rise to multiple interpretations and different interpretations in practice. Therefore, this topic is
important to be researched in this article. This research method uses normative research based on
secondary data. The results of the research can be concluded that the workers' working relationship with
the parent company has been broken since they were transferred to a subsidiary company and the transfer
of workers to another company without a transfer agreement does not provide legal protection for
workers' normative rights. So that the government makes implementing regulations for the Employment
Law that regulates technically group companies and mechanisms for transferring workers from parent
companies to subsidiary companies.