JURIDICAL ANALYSIS OF UNIDATED TERMINATION OF EMPLOYMENT RELATIONS VIA WHATSAPP MESSAGE

Labor means every person who is able to do work to produce goods and/or services to meet their own needs or the needs of society, while the definition of worker means every person who works to get money or other forms of compensation. Labor is one of the production factors used to produce goods and services to meet the needs of individuals and society. In production activities, labor is the most important input apart from raw materials and capital. WhatsApp Messenger is used as a means for various important activities, such as buying and selling transactions, renting and various civil activities which give rise to rights and obligations for the parties. However, currently there are several cases, including termination of employment or layoffs by employers of their workers or workers whose means of notification is via the WhatsApp application and employers who carry out layoffs unilaterally because the workers/workers are deemed to have committed disciplinary action.
The research method used by researchers is normative legal research. In this case the researcher used Court Decision Number: 5/Pdt.Sus-PHI/2023/PN Gresik as secondary data. Termination of employment or layoffs is actually prohibited. In Article 5 of the ITE Law, the existence of electronic information or electronic documents is recognized as valid evidence to provide legal certainty regarding the implementation of electronic systems and electronic transactions, especially in matters of evidence relating to legal actions via WhatsApp Messenger.
In one case, not only the notification was made via WhatsApp Messenger, but the delivery of the decision to terminate employment was also carried out via WhatsApp. This incident occurred with Hadiono who received notification of Termination of Employment via WhatsApp Messenger. From this case, it was found that Hadiono received the message suddenly without prior procedures or mechanisms for terminating his employment relationship. This is one of the bases for Hadiono's lawsuit against PT entrepreneurs. Imedia Cipta because it has violated the provisions of Article 151 paragraph (2) and (3) of the Manpower Law and Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations. In this case, the unilateral termination of employment dispute is registered in Court Decision Number: 5/Pdt.Sus-PHI/2023/PN Gresik, whose decision stated that the plaintiff's claim was granted in part.