Legal Protection Principle for Workers Terminated Due to Industrial Digitalization

Abstract

Employment termination caused by industrial digitalization is contrary to the constitutional rights of workers. The essence of this right indicates that everyone has the right to get a decent living and fair treatment through a constructive and proportionate working relationship. Constitutional rights are an inseparable part of human rights. It is a primary right, thus the state is obliged to protect and realize it through the state constitution and existing positive law. One of the fundamental constitutional rights is the protection of workers due to terminations. However, a legal vacuum exists regarding the protection for labour due to industrial digitalization. The phenomenon of industrial digitalization is unavoidable, workers will be greatly harmed when most companies digitize simultaneously for the sake of efficiency. Such protection must be regulated proportionally which is oriented towards fulfilling the interests of workers as an impact of the company's efficiency due to digitalization. The legal principles of providing legal protection for workers who have been terminated due to digitalization include, first, the principle of legal protection guarantee for workers and their families; Second, the principle of fair compensation; Third, the principle of mutual will of parties involved in the working relationship; and Fourth, the principle of authoritative intervention.

Keywords: Constitutional Rights, Industrial Digitalization, and Termination of Employment.

DOI: 10.7176/JLPG/117-02

Publication date: January 31^st 2022