scholarly journals KASUS PT PANCA PUJI BANGUN DI SURABAYA DIKAITKAN DENGAN PASAL 91 AYAT (1) JO PASAL 185 UNDANG-UNDANG NOMOR 23 TENTANG KETENAGAKERJAAN

Yustitia ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 37-48
Author(s):  
Eri Eka Sukarini
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Labor Law ◽  
Minimum Wages ◽  
Employment Agreement ◽  
Differences Of Opinion ◽  
Work Relationship

A work relationship is a relationship between a worker / laborer and an employer / employer that occurs after the employment agreement or based on a work agreement that has elements of work, wages and orders. Therefore, legal relations between workers and employers are bound by the existence of a work agreement. The purpose of this article is to report how to resolve industrial relations; to reveal wages according to the Labor Law; to report cases related to employment. The findings and discussion indicate that industrial relations disputes are differences of opinion which result in conflicts between employers or joint entrepreneurs with workers / laborers or trade unions because of disputes regarding rights, interests, termination of employment, and disputes between trade unions in one company . The procedures for resolving Industrial Relations Disputes (PHI) are in accordance with Law Number 2 Year 2004 concerning Settlement of Industrial Relations Disputes (PHI Law), namely: Bipartite Negotiations, Tripartite Negotiations, Mediation, Councils, Arbitration, Industrial Relations Court. From the case of PT Panca Puji Bangun regarding the wages of workers / laborers not in accordance with Surabaya City Minimum Wages, the case was resolved through the Industrial Relations Court (PHI).

scholarly journals Exploring Factors that Shape the Inclusion and Nature of Work–Life Balance Policies within Collective Agreements in New Zealand

2021 ◽  
Author(s):  
◽  
George Chipindiku
Keyword(s):  
New Zealand ◽  
Trade Unions ◽  
Industrial Relations ◽  
Work Life ◽  
Work Life Balance ◽  
Second Phase ◽  
Employment Relations ◽  
Life Balance ◽  
Employment Agreement ◽  
Depth Analysis

<p>The aim of this research is to identify factors that influence the nature and inclusion of work–life balance (WLB) policies within collective employment agreements (CEAs) in New Zealand organisations. Due to the increasing challenges of dual careers, aging population and single parent families, WLB practices are progressively becoming more significant issues amongst employees and management in New Zealand workplaces. As a result, identifying these factors is crucial in informing organisational human resources policy development, its design and implementation on issues pertaining to WLB. Similarly, it informs the government on policy changes and legislation, at the same time enlightening trade unions on bargaining strategies. In the first phase, an in-depth analysis is carried out on collective employment agreements (CEAs) housed within the Industrial Relations Centre at Victoria University of Wellington. The focus is to develop a comprehensive coding typology of collective employment agreement (CEA) provisions which constitute WLB measures. This process is carried out in order to identify WLB provisions in CEAs negotiated from 1998 to 2008. The second phase is concerned with the identification of any WLB policy provisions outside those included in the CEA. This dimension is critical to the research as it offers insights into the extent to which companies have shifted beyond the statutory minimum for WLB arrangements and the factors that have prompted them to take these voluntary actions. The study covers the period from 1998 to 2008. It is critical to evaluate this subject between these two benchmark years, as it allows ample time after the enactment of two cornerstone employment relations Acts – the Employment Contracts Act 1991 (ECA) and the Employment Relations Act 2000 (ERA). Second, and related to this, they enable a comparison of WLB initiatives under quite different social policy, political, economic – and indeed, bargaining – arrangements (Deeks, Parker, & Ryan, 1994; Rasmussen, 2009). The study discovered that the inclusion of WLB policies in collective employment agreement in New Zealand was mainly determined by legislation, in particular the Employment Relations Act 2000 and The Employment Relations (Flexible Working Arrangements) Amendment Act 2007. These two legislative changes made a positive impact in the recognition and response to the demands of employee well-being. Similarly, there are other factors that made an impact in the inclusion of WLB policies within CEAs. These include industry trade union density and female participation rate at industry level, the type of industry (health and community services, education, government administration and defence services, finance and insurance services being more prominent providers) and type of organisation (whether public or private ownership). It emerged that public organisations are at the forefront in terms of providing WLB policies. The research highlight the significance of ensuring that organisations recognise the issues pertaining to WLB, at the same time recognising the role of trade unions and collective bargaining as an effective mechanism for the instigation of WLB policies.</p>

scholarly journals Exploring Factors that Shape the Inclusion and Nature of Work–Life Balance Policies within Collective Agreements in New Zealand

2021 ◽  
Author(s):  
◽  
George Chipindiku
Keyword(s):  
New Zealand ◽  
Trade Unions ◽  
Industrial Relations ◽  
Work Life ◽  
Work Life Balance ◽  
Second Phase ◽  
Employment Relations ◽  
Life Balance ◽  
Employment Agreement ◽  
Depth Analysis

<p>The aim of this research is to identify factors that influence the nature and inclusion of work–life balance (WLB) policies within collective employment agreements (CEAs) in New Zealand organisations. Due to the increasing challenges of dual careers, aging population and single parent families, WLB practices are progressively becoming more significant issues amongst employees and management in New Zealand workplaces. As a result, identifying these factors is crucial in informing organisational human resources policy development, its design and implementation on issues pertaining to WLB. Similarly, it informs the government on policy changes and legislation, at the same time enlightening trade unions on bargaining strategies. In the first phase, an in-depth analysis is carried out on collective employment agreements (CEAs) housed within the Industrial Relations Centre at Victoria University of Wellington. The focus is to develop a comprehensive coding typology of collective employment agreement (CEA) provisions which constitute WLB measures. This process is carried out in order to identify WLB provisions in CEAs negotiated from 1998 to 2008. The second phase is concerned with the identification of any WLB policy provisions outside those included in the CEA. This dimension is critical to the research as it offers insights into the extent to which companies have shifted beyond the statutory minimum for WLB arrangements and the factors that have prompted them to take these voluntary actions. The study covers the period from 1998 to 2008. It is critical to evaluate this subject between these two benchmark years, as it allows ample time after the enactment of two cornerstone employment relations Acts – the Employment Contracts Act 1991 (ECA) and the Employment Relations Act 2000 (ERA). Second, and related to this, they enable a comparison of WLB initiatives under quite different social policy, political, economic – and indeed, bargaining – arrangements (Deeks, Parker, & Ryan, 1994; Rasmussen, 2009). The study discovered that the inclusion of WLB policies in collective employment agreement in New Zealand was mainly determined by legislation, in particular the Employment Relations Act 2000 and The Employment Relations (Flexible Working Arrangements) Amendment Act 2007. These two legislative changes made a positive impact in the recognition and response to the demands of employee well-being. Similarly, there are other factors that made an impact in the inclusion of WLB policies within CEAs. These include industry trade union density and female participation rate at industry level, the type of industry (health and community services, education, government administration and defence services, finance and insurance services being more prominent providers) and type of organisation (whether public or private ownership). It emerged that public organisations are at the forefront in terms of providing WLB policies. The research highlight the significance of ensuring that organisations recognise the issues pertaining to WLB, at the same time recognising the role of trade unions and collective bargaining as an effective mechanism for the instigation of WLB policies.</p>

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 Kollektiewe bedinging binne die Suid-Afrikaanse vervaardigingsbedryftak

1984 ◽  
Author(s):  
H. O. L. Kamffer ◽  
B. C. Lessing ◽  
M. M. Fouché
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
South African ◽  
Trade Unions ◽  
Manufacturing Industry ◽  
Industrial Relations ◽  
West Germany ◽  
Development Work ◽  
The South ◽  
Differences Of Opinion

A comparative literary study of the collective bargaining systems of four countries (U.S.A., Britain, West Germany and South Africa) is presented in order to facilitate the identification of conflict issues in the South African collective system. 165 Employers and 75 trade unions in the South African manufacturing industry were used as u randomly selected sample. A Likert questionnaire was designed to measure the attitudes of the sample employers and unions regarding conflict issues. The results indicate strong differences of opinion between the participating groups about the efficiency of the present industrial relations and collective bargaining systems in South Africa. An explanation for obtained results is given and recommendations for further research and development work are made. OpsommingDie gebrek aan konsensus aangaande 'n ideale nywerheidsverhoudinge en kollektiewe bedingingsisteem vir Suid-Afrika kan toegeskryf word aan die verskillende houdings van die onderskeie partye daarby betrokke. Dit lei op sy beurt weer tot konflik tussen die onderskeie partye. 'n Vergelykende literatuurstudie van die kollektiewe bedingingsisteem van vier lande (tewete V.S.A. Brittanje, Wes-Duitsland en Suid-Afrika) is gedoen ten einde konflikaan- geleenthede in die Suid-Afrikaanse kollektiewe bedingingsisteem te identifiseer. 'n Ewekansige steekproef van 165 werkgewers en 75 vakbonde in die Suid-Afrikaanse vervaardigingsbedryfstak is in die studie betrek. Die houdinge aangaande die geïdentifiseerde onflikaangeleenthede is met behulp van 'n Likertvraelys verkry. Die resultate dui op sterk meningsverskille tussen die deelnemende groepe omtrent die doeltreffendheid van die bestaande nywerheids verhoudinge en kollektiewe bedingingstelsel in Suid-Afrika. Aanbevelings vir toekomstige navorsing en ontwikkelingswerk word gemaak.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

“The cut and thrust of industrial relations” – bullying by another name?

2018 ◽  
Vol 33 (1) ◽  
pp. 2-13 ◽  
Author(s):  
Pat Drake
Keyword(s):  
Women Leaders ◽  
Industrial Relations ◽  
Illustrative Case ◽  
University Leadership ◽  
Public Identity ◽  
Content Type ◽  
Female Self ◽  
Emotional Work ◽  
Differences Of Opinion ◽  
A Site

Purpose The purpose of this paper is to offer a feminography, that is a “narration of a female self in a feminist age” (Abrams, 2017) by presenting a conceptual analysis, derived from experience, of email providing a form of discourse – that the author calls finger-speak – through which unexamined gender positioning caricatures a person’s identity. In so doing, the paper provides an illustrative case of a female manager being positioned through email to “know her place, perform it and feel it” (Hey, 2011). Design/methodology/approach An analysis of email foregrounds “finger-speak” as a form of digital conversation and through which people in universities may be positioned publicly but without their consent in relation to unexamined norms and assumptions. For women, it is argued, these norms are ageist and sexist. In this paper, fragments of finger-speak are collated to provide a reading of how mixing gendered norms with apparent differences of opinion constructs, via unexamined sexism, a public identity and then undermines it. Findings Through the case presented, the author argues that, because of a shared but unarticulated shadow over women as leaders, email lays the ground for subsequent scapegoating in such a manner that the woman takes responsibility for structural challenges that rightly belong to the organisation. Originality/value The contribution that email makes to constructing female identity in public is new, complementing other work that publicly characterises women leaders, through film (Ezzedeen, 2015), and through published writing such as autobiography (Kapasi et al., 2016). Emotional work undertaken by women in university leadership is so far under-represented in public, and email is a site through which this work becomes visible.

scholarly journals International framework agreements: new paths to workers' participation in multinationals' governance?

2008 ◽  
Vol 14 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Isabelle Schömann ◽  
André Sobzack ◽  
Eckhard Voss ◽  
Peter Wilke
Keyword(s):  
Trade Unions ◽  
Self Regulation ◽  
Industrial Relations ◽  
Negotiation Process ◽  
Social Consequences ◽  
Social Regulation ◽  
International Level ◽  
Political Debate ◽  
Labour Standards ◽  
The Impact

This article describes the results of a major study on the impact of codes of conduct and international framework agreements (IFAs) on social regulation at company level. The limits of labour legislation at the national, as well as the international, level provide a strong motivation for both multinationals and trade unions to negotiate and sign IFAs. IFAs offer a way to regulate the social consequences of globalisation and to secure adherence to labour and social standards. They thus form part of the growing political debate on the international working and production standards of private actors. Examination of the negotiation process, the motivations of the parties, and the content of the agreements and implementation measures provides valuable insights into the impact of IFAs on multinationals' behaviour in respect of social dialogue and core labour standards. Finally, the article highlights the influence of such agreements on public policy-making and the limits of private self-regulation at European and international level, addressing the growing and controversial debate on the need for supranational structures to regulate labour standards and industrial relations.

The Conservative Party and the Trade Unions since 1974

1979 ◽  
Vol 27 (1) ◽  
pp. 38-53 ◽  
Author(s):  
Michael Moran
Keyword(s):  
Public Policy ◽  
Trade Unions ◽  
Industrial Relations ◽  
Conservative Party

Public policy on industrial relations can be interpreted as a variation on three traditional themes: individualism; voluntary collectivism; and compulsory collectivism. Before 1974 the Conservative Party had at various times been committed to policies suggested by all these traditions. Since the Party's expulsion from government in that year arguments between Conservatives over industrial relations have likewise involved choices between policies suggested by the three traditions. Despite superficial signs of a revival of individualism in the Party, the substance of policy has been decisively shaped by voluntary collectivism.

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