KOMPENSASI ATAS PEMBERHENTIAN DIREKSI DARI PEKERJA YANG DIPROMOSIKAN DALAM PERSEROAN TERBATAS

Abstract

v>The unilateral dismissal of a Director who was previously an Employee in the company willcause legal problems regarding the calculation of severance pay or compensation, whetherhis rights will be calculated from the time he is appointed as an Employee or his rights will becounted since his appointment as a Director. Therefore, it is important to examine a problem:(1) What is the legal relationship between Employee who is promoted to Director and LimitedLiability Company? (2) How to settle severance pay/compensation and other rights asEmployee and/or Director after being dismissed from the Limited Liability Company. Afterconducting research using a normative juridical type research method, with a statutory andjudicial case study approach which was analyzed qualitatively, it was obtained a researchresult that (1) When promoted to the Director through the RUPS, his status as an Employeeends and becomes part of Limited Liability Company organs that are subject to the provisionsof the UUPT 2007; (2) Calculation of severance pay/layoff compensation for Employee refersto the Manpower Act, while the compensation for dismissal of the Director is based on theCompany's Articles of Association, and/or regulations/agreements made between the Directorand the shareholders/owners of the company can become a "problem". Based on the findings,the author suggests that Employee who is promoted to Director of a Limited LiabilityCompany needs to ensure that the position of the Director is the position of the Director as anorgan of a Limited Liability Company in accordance with the UUPT 2007 and that hisemployment relationship as an Employee is terminated first, including the settlement ofcompensation for their rights. The need for the government to make legal guidelines/rules fordismissed Director;