Pemenuhan Hak Pekerja Perempuan Dalam Pemberhentian Kerja Akibat Cuti Hamil Dan Melahirkan

Authors: Dita Nadya Anastasya, , Fahmi Fairuzzaman, S.H.,M.H., L.L.M..
Cited by: 0

Abstract

This research discusses the fulfillment of female workers' rights, particularly when they are dismissed from their jobs due to taking maternity leave. The main focus is on the legal protection provided to female workers who experience termination of employment (PHK) during their maternity leave, as well as the steps they can take to defend their rights. Although Law Number 13 of 2003 concerning Manpower already regulates the protection of female workers, in practice, there are still companies that terminate employees for reasons that violate labor laws. This study uses a normative legal approach by analyzing the applicable laws and regulations, as well as reviewing related case studies.The findings show that dismissal due to pregnancy or childbirth is a violation of the law. Such cases can be resolved through the industrial relations dispute resolution mechanism. Female workers who are dismissed due to taking maternity leave can pursue legal remedies through bipartite negotiations, mediation, or by bringing the case to the Industrial Relations Court. Therefore, stricter government supervision is needed to ensure that the law is properly enforced. Additionally, workers need to be given legal education so they can understand how to fight for their rights fairly and appropriately. Keywords: Female Workers, Maternity Leave Rights, Termination of Employment, Legal Protection, Industrial Relations.

Fields of Study & Subjects

Labor Law and Work Dynamics Indonesian Legal and Regulatory Studies Work-Family Balance Challenges

Publication details

Journal / source
UMS Library Center of Academic Activities (Universitas Surakarta)
Publication date
1 January 2026
Language
EN
Document type
Thesis