PERBANDINGAN HAK PEKERJA YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA DAN PENGUNDURAN DIRI DALAM PERSPEKTIF KEADILAN

This study aims to comprehensively analyze the differences in the rights of workers who are laid off by employers and those who resign, and to examine the extent to which the provisions of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. reflect the principle of justice for workers. The research method used is normative legal research with a statutory and conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature review. The analysis was conducted qualitatively by examining positive legal norms and theories of justice, particularly John Rawls's theory of distributive justice, to assess the suitability between normative rules and the principles of substantive justice in the employment context. The results show significant differences between the rights of laid-off workers and those who resign. Laid-off workers are entitled to severance pay, long-service bonuses, and compensation, while workers who resign are only entitled to partial compensation if they meet the requirements. Normatively, existing regulations reflect the principle of justice by providing legal protection for workers. However, in practice, implementation still faces obstacles, such as weak oversight and delays in fulfilling workers' rights. Therefore, strengthening the implementation and enforcement mechanisms is necessary to ensure that the principle of justice for all workers can be realized effectively and fairly.