scholarly journals Legal Protection Of Contract Employees Agreement In The Implementation Of Certain Time In Kendal (National Land Agency)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 491
Author(s):  
Aldila Marselli ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Legal Protection ◽  
Employment Law ◽  
Specific Time ◽  
Labor Contract ◽  
Contract Workers ◽  
Contract Employees ◽  
Employment Agreement ◽  
Time Work ◽  
Time Periods

Reforms in the field of employment law is done with the purpose to improve and enhance the quality of labor and personnel welfare. Reformation in the field of employment law begins with the issuance of Act No. 21 of 2000 concerning Trade Union / Labor United. Then followed with the release of Act No. 13 of 2003 on Manpower. Problems in this reasearch: (1) To identify and analyze the Implementation of the Employment Agreement in the Specific Time (PKWT) At the National Land Agency of Kendal. (2) To identify and analyze the forms of legal protection for workers at National Land Agency of Kendal with the Specific Time of Work Agreement (PKWT). The results of this study are: (1) Implementation of the Employment Agreement in the Specific Time (PKWT) at the Land Office of Kendal by implementing probation on each worker who recruits including contract workers. Which it is not supposed to apply probation at a certain time and labor agreements remain to be done if the employment agreement becomes null and void. (2) The legal protection of workers / laborers at Specific Time Work Agreement (PKWT) inemployeein practice has not run optimally, given the frequent violations, because of the vagueness of the rules on the implementation of the Employment Agreement for specific time periods, in providing protection against labor law for employees in the Land Office of Kendal.Keywords: Legal Protection; Labor Contract; the National Land Agency.

scholarly journals Perlindungan Hukum terhadap Pekerja dalam Perjanjian Kerja Waktu Tertentu Menurut Undang-Undang no 13 Tahun 2003

2020 ◽  
Vol 2 (1) ◽  
pp. 124-128
Author(s):  
Ni Putu Nita Erlina Sari ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Specific Time ◽  
Work Relations ◽  
Legal Relationship ◽  
Employment Agreement ◽  
Time Work ◽  
Materials Used ◽  
Article 50

In the formation of employment agreements, there are two kinds, namely PKWT and PKWTT. However, in its implementation, the implementation of PKWT carried out by the company is not in accordance with the provisions stipulated in the work agreement and the Manpower Act so that the regulation regarding employment is still stretched various constraints and problems as well as challenges faced and require resolution through the court. Based on these explanations, the researcher raised the formulation of the problem 1) How is the Legal Relationship Between Workers and Companies in a Specific Time Work Agreement (PKWT) According to Law Number 13 Year 2003 and 2) What is the Form of Legal Protection Against Workers in a Specific Time Work Agreement Under the Act Law No. 13 of 2003. This study uses normative research methods. The legal materials used are primary, secondary. Work relations that occur between workers and employers are based on an employment agreement as explained by Article 50 of Law Number 13 Year 2003 Regarding Employment. In addition, PKWT can also be updated if the company so wishes. Dalam pembentukan perjanjian ketenaga kerjaan, terdapat dua macam yaitu PKWT dan PKWTT. Namun dalam pelaksanaanya, penerapan PKWT yang dilaksanakan oleh perusahaan ada yang tidak sesuai dengan ketentuan yang diatur dalam perjanjian kerja dan Undang-Undang Ketenagakerjaan sehingga pengaturan mengenai ketenagakerjaan masih terbentang berbagai kendala dan masalah serta tantangan yang dihadapi dan memerlukan penyelesaian melalui pengadilan. Berdasarkan penjelasan tersebut maka peneliti mengangkat rumusan masalah 1) Bagaimanakah Hubungan Hukum Antara Pekerja Dengan Perusahaan dalam Perjanjian Kerja Waktu Tertentu (PKWT) Menurut Undang-Undang Nomor 13 Tahun 2003 dan 2) Bagaimana Bentuk Perlindungan Hukum Terhadap Pekerja dalam Perjanjian Kerja Waktu Tertentu Berdasarkan Undang-Undang Nomor 13 tahun 2003. Penelitian ini menggunakan metode penelitian normatif. Bahan hukum yang di gunakan yaitu primer, sekunder. Hubungan kerja yang terjadi antara pekerja dan pengusaha didasarkan atas perjanjian kerja seperti yang dijelaskan oleh Pasal 50 Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan. Selain itu, PKWT juga dapat diperbarui apabila perusahaan menghendaki.

scholarly journals The Fragility of Workers in Temporary Employment Agreements in Indonesia [Kerapuhan dalam Perjanjian Kontrak Waktu Tertentu di Indonesia]

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Sandra Imam Mustofah
Keyword(s):  
Production Process ◽  
Legal Protection ◽  
Temporary Employment ◽  
Specific Time ◽  
Contract Workers ◽  
Time Work ◽  
The Status ◽  
The Law

Application employee for Working Agreement of Certain Time is a right step for the company in saving the production process, so that the company will be more benefited with the existence of such a specific time working agreement. In the legislation of the law has arranged employee a certain time work agreement, one of them related to the type and character of the work because of frequent violations in the implementation . This research aims to what form of legal protection for workers of certain time work agreement related to the type and characteristic of the work. This research uses normative method with approach of law. Protection for employee contract who get jobs that are not in accordance with the rules of the legislation related to the type and nature of work is to switch the status of being an unspecified worker. the legal protection of employee contract are jamsostek, PP, and PKB. This research is helpful as a reference of legal practitioners, increase the knowledge and insight of the community related to legal protection of contract workers.

scholarly journals PERUBAHAN STATUS HUBUNGAN KERJA PEKERJA PERUSAHAAN PENYEDIA JASA PEKERJA DALAM HUKUM KETENAGAKERJAAN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Miftakhul Huda
Keyword(s):  
Employment Status ◽  
Service Providers ◽  
Labor Law ◽  
Legal Protection ◽  
Employment Law ◽  
Basic Principles ◽  
Employment Agreement ◽  
Labor Service ◽  
Work Relationship ◽  
The Government

Regulation of service providers working in employment law is always opposed to thenorms and principles of law. The existence of labor service company that can not beseparated in the dynamics of development in the Indonesian labor force of restrictionsare clear and precise in the formulation of legislation. Changes in employment status asone of the forms of legal protection of workers' labor service provider is one of therestrictions set by the Government through Act No. 13 of 2003 on Labour in particularlabor relations agreements. Given the setting in Employment Act can not be separatedfrom the basic principles of the agreement, then the restriction that there must still bebased on the basic principles. Protection laws enacted by not considering the basicprinciples of the law will only make the problem more complex labor and potentiallycreates new problems.Keyword :Labor law, work relationship, employment agreement

scholarly journals JURIDICAL REVIEW OF THE IMPLEMENTATION OF A PARTICULAR TIME AGREEMENT BASED ON LAW NUMBER 13 OF 2003 CONCERNING MANPOWER

2021 ◽  
Vol 1 (1) ◽  
pp. 173-204
Author(s):  
Bunadi Bunadi ◽  
Marjan miharja
Keyword(s):  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Fixed Time ◽  
Contract Workers ◽  
Labor Regulations ◽  
Employment Agreement ◽  
Time Work ◽  
Analytical Research

Industrial relations disputes are common in many companies. The dismissal process is often not in accordance with the provisions of labor regulations, one of which is regarding the dismissal of PKWT / contract workers. The formulation of the problems that the author discusses in this thesis are (1) What is the role of trade unions in fighting for dismissal disputes with PKWT / Contract workers? (2) Is the Application of a Fixed Time Work Agreement (PKWT) in accordance with the provisions of Law Number 13 Year 2003 concerning Manpower? The research method used in this research is juridical normative, namely looking at the law as a written norm made and promulgated by an authorized official or institution, the nature of descriptive analytical research is a study to obtain an overview of the main object of the problem being researched. The results showed that, the role of trade unions in companies in fighting for dismissal disputes against PKWT / Contract workers in accordance with Law no. 2 of 2004 concerning PPHI article 6 in conjunction with article 8 in conjunction with article 81, namely by conducting a bipartite effort between the labor union and the company, because the bipartite effort failed, then submitted a mediation request to the Manpower Office. The mediation attempt still failed and subsequently filed a lawsuit for dismissal disputes at the Industrial Relations Court, although it was unsuccessful. The application of a fixed-term employment agreement (PKWT) is contrary to the provisions of Law number 13 of 2003 concerning Manpower Article 59 paragraphs (1), (2), and (7). In addition, the PHI Judge in deciding the case did not reflect a sense of justice and ignored the evidence presented by the plaintiff (the worker). This problem should not have occurred, if the company obeyed and understood the labor regulations regarding workers who could be promised under a non-permanent contract or PKWTT.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEKERJA BERSTATUS PERJANJIAN KERJA WAKTU TERTENTU (PKWT) MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Solusi ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 23-31
Author(s):  
Asuan Asuan
Keyword(s):  
Social Security ◽  
Legal Protection ◽  
Secondary Data ◽  
Minimum Wages ◽  
Child Care Workers ◽  
Legal Principles ◽  
Employment Agreement ◽  
Care Workers ◽  
Time Work ◽  
The Right

This study is a normative juridical approach with an approach to problems that see in terms of applicable laws and regulations, especially regarding labor law / labor. This study uses secondary data with the preparation of a conceptual framework, to obtain legal materials in the form of theories, concepts and legal principles obtained from the literature, among others, books, documents, articles, and other literature. Legislation, namely Law No. 13 of 2003 concerning Labor, the Civil Code and other legal regulations relating to problems. The results of the discussion, namely the protection of workers with an inter-time employment agreement (PKWT) according to Law Number 13 of 2003 concerning Employment, namely: Protection of work hours namely 7 (seven) hours in 1 (one) day and 40 hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours in 1 (one) day and 40 hours 1 (one) week for 5 (five) working days in 1 (one) week. (Article 77 paragraph 1); Protection against wages, namely provincial minimum wages and district / city minimum wages (Article 88 paragraph (3) letter a); protection of welfare, that is workers / laborers and their families have the right to obtain social security workers. and includes family planning services, child care, workers' housing, worship facilities, sports facilities, canteen, health, recreation and the establishment of cooperative facilities, of course the provision of these facilities is carried out with the company's ability (Article 99 paragraph 1 and 100 verses 1 and 2) , and Protection of Social Security, namely the Social Security Program includes collateral for death, work accident insurance, old age guarantee and health care guarantee (article 99). The constraints in legal protection of workers in certain time work agreements (PKWT) are related to regulations, relating to work agreements and related to supervision

Legal Protection for Indonesian Freelance Workers in Law Number 11 of 2020 Concerning Work Creation: Analysis of Changes in Legal Protection for Freelance Workers in Indonesia after the Omnibus Law

2021 ◽  
Vol 3 (2) ◽  
pp. 56-64
Author(s):  
M. Muhsin
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Job Creation ◽  
Legal Protection ◽  
Working Time ◽  
Specific Time ◽  
Historical Approach ◽  
Time Work ◽  
Rest Time ◽  
Specific Regulation

This research aims to review the legal protection for freelancers in Indonesia, stipulated in Law Number 11 of 2020 concerning Job Creation. In-Law no. 13 of 2003 concerning Freelance Employment in Indonesia is claimed not to have a clear legal umbrella. The problems examined in this research include the form of freelance legal relations in Indonesia? And the legal protection for freelancers in Indonesia in Law Number 11 of 2020 concerning Job Creation? This research uses normative methods with a statute, case, and historical approach. The results showed that freelance legal relationships in Indonesia were divided into two categories: freelancers who entered into work agreements through platforms that acted as intermediaries and freelancers who entered into work agreements directly without intermediaries. Previously, there were only additional regulations in the form of Kepmenakertrans No. 100 of 2004 concerning the Provisions for the Implementation of a Work Agreement for a Specific Time, and no specific regulation has been found in Law no. 13 of 2013 concerning Manpower. After the enactment of Law Number 11 of 2020 concerning Job Creation and also Government Regulation No. 35 of 2021 concerning Specific Time Work Agreements, Transfer, Working Time and Rest Time, and Termination of Employment, the legal status of freelance workers in Indonesia has a clear legal umbrella, which is classified as a specific time work agreement (PKWT). This finding also answers the concerns of previous researchers who stated that there is no legal protection for freelancers in Indonesia.

scholarly journals JURIDICAL ANALYSIS OF PARTICULAR TIME WORKING AGREEMENTS TO REALIZE THE PROTECTION OF WORKERS' RIGHTS AND WELFARE

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Dian Andriani ◽  
Laily Washliati ◽  
Lia Fadjriani ◽  
Feby Milanie ◽  
Andri Saifannur
Keyword(s):  
Research Study ◽  
Job Creation ◽  
Applied Theory ◽  
Specific Time ◽  
Timely Manner ◽  
Contract Workers ◽  
Legal Writing ◽  
Time Work

Juridical Analysis of a Specific Time Work Agreement (PKWT) to Realize the Protection of Workers' Rights and Welfare (Research Study at the PT. Bersama Gemilang Property Batam Office), has been carried out as it should, in accordance with Law Number 11 of 2020 concerning Job Creation. There are factors related to the protection of the rights and welfare of contract workers. The qualifications/types of writing in this journal use normative legal writing, and then integrate it with sociological/empirical legal writing, and to analyze some of the problems in this journal, Lawrence M. Friedmen's big theory, Jeremy Bentham's middle theory, and application theory are used. / applied theory Mochtar Kusumaatmadja. The results of the analysis are still experiencing several obstacles both internally and externally. The obstacles faced have not been the implementation of rights and welfare, which have been prioritized and carried out but not yet perfectly. It is very necessary and improved in terms of supervision in terms of quality and quantity in order to suppress and not give space to violators who do not comply with contract workers. There is also a need for wider socialization in a timely manner regarding the implementation of the new law on the rights and welfare of contract workers.

scholarly journals Legal Protection of Contract Workers in the Work Agreement in Jayagiri Hotel

2021 ◽  
Vol 8 (2) ◽  
pp. 78-88
Author(s):  
Feranika Anggasari Jayanti ◽  
Johannes Ibrahim Kosasih ◽  
I Ketut Widia
Keyword(s):  
Empirical Research ◽  
Research Method ◽  
Legal Protection ◽  
Tourism Industry ◽  
Application Of Law ◽  
Contract Workers ◽  
Standard Contract ◽  
Contractual Relationship ◽  
Employment Agreement ◽  
Bargaining Position

The development of the tourism industry in Bali causes the high competitiveness of classy hotels such as the Jayagiri Hotel and has an impact on the income aspect of the hotel business, in this case the company's income and leads to legal protection of the rights and obligations given to its workers. This study aims to examine the contractual relationship between contract workers in a work agreement at Jayagiri Hotel and to examine the legal protection can be given for contracts made by the parties and obstacles are experienced by workers in obtaining their rights and obligations. The method used in this study is normative and empirical research method. The results of this study showed that the employment agreement between contract workers and the Hotel has not yet provided a good working relationship so that the application of Law No. 13 of 2003 concerning Employment has not been accommodated. This is due to the entry into force of the standard contract agreement in Jayagiri Hotel which has not provided a balanced position in the same position between workers and employers. Employers as employers always have a higher bargaining position than workers, so the formulation of work agreements in Law No. 13 of 2003 concerning Employment has not been properly accommodated to protect workers' rights and cannot yet prosper workers in accordance with the mandate of the Act.  

scholarly journals Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 466
Author(s):  
Febri Jaya ◽  
Alvin Lauw
Keyword(s):  
Job Creation ◽  
Labor Regulation ◽  
Specific Time ◽  
Legal Research ◽  
Employment Agreement ◽  
Time Work ◽  
Laws And Regulations

The number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement.

scholarly journals Discrepancies in interpretation of night-time emergency computed tomography scans by radiology residents

2018 ◽  
Vol 7 (10) ◽  
pp. 205846011880723
Author(s):  
Elias Vaattovaara ◽  
Marko Nikki ◽  
Mika Nevalainen ◽  
Mervi Ilmarinen ◽  
Osmo Tervonen
Keyword(s):  
Computed Tomography ◽  
Emergency Radiology ◽  
Correct Diagnosis ◽  
Anatomical Variations ◽  
Night Time ◽  
Radiology Resident ◽  
Computed Tomography Scans ◽  
Time Work ◽  
Radiology Residents

Background In many emergency radiology units, most of the night-time work is performed by radiology residents. Residents’ preliminary reports are typically reviewed by an attending radiologist. Accordingly, it is known that discrepancies in these preliminary reports exist. Purpose To evaluate the quality of night-time computed tomography (CT) interpretations made by radiology residents in the emergency department. Material and Methods Retrospectively, 1463 initial night-time CT interpretations given by a radiology resident were compared to the subspecialist’s re-interpretation given the following weekday. All discrepancies were recorded and classified into different groups regarding their possible adverse effect for the emergency treatment. The rate of discrepancies was compared between more and less experienced residents and between different anatomical regions. Results The overall rate of misinterpretations was low. In 2.3% (33/1463) of all night-time CT interpretations, an important and clinically relevant diagnosis was missed. No fatalities occurred due to CT misinterpretations during the study. The total rate of discrepancies including clinically irrelevant findings such as anatomical variations was 12.2% (179/1463). Less experienced residents were more likely to miss the correct diagnosis than more experienced residents (18.3% vs. 10.9%, odds ratio [OR] = 1.82, P = 0.001). Discrepancies were more common in body CT interpretations than in neurological CTs (18.1% vs. 9.1%, OR = 2.30, P < 0.0001). Conclusion The rate of clinically important misinterpretations in CT examinations by radiology residents was found to be low. Experience helps in lowering the rate of misinterpretations.

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