scholarly journals HUKUM PENGUPAHAN UNDANG-UNDANG CIPTA KERJA (UUCK) DAN KEINGINAN SEMUA PIHAK DALAM HUBUNGAN INDUSTRIAL

2020 ◽  
Vol 6 (2) ◽  
pp. 102
Author(s):  
Ahmad Hunaeni Zulkarnaen
Keyword(s):  
Industrial Relations ◽  
Political Attitude ◽  
Corporate Profit ◽  
The Government

There must be harmony between the awareness and political attitude of the government that views the UUCK wage law can realize the wishes of all parties in industrial relations (Employers, Workers / Labor, Government), namely the desire of employer groups to realize productivity and/or corporate profit, the desire of workers/labor groups in the form of decent income and the desire of the government to improve the investment ecosystem and competitiveness of Indonesia. Therefore, the government must take and/or recommend a decision, strategically to realize the UUCK wage law that can simultaneously realize the wishes of all parties in industrial relations.Keywords : UUCK Wage Law, Industrial Relations, Employers, Workers/Labor. 

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

scholarly journals Corporate Profit Tax and Strategic Corporate Social Responsibility Under Foreign Acquisition

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Lili Xu ◽  
Sang-Ho Lee
Keyword(s):  
Corporate Social Responsibility ◽  
Nash Equilibrium ◽  
Social Responsibility ◽  
Corporate Tax ◽  
Government Grants ◽  
Corporate Profit ◽  
Foreign Acquisition ◽  
Strategic Csr ◽  
The Government ◽  
Corporate Social

Abstract This study investigates government public policies facing competing firms’ strategic corporate social responsibility (CSR) activities and finds that the choice of CSR crucially depends on corporate profit tax. We demonstrate that strategic CSR decreases while social welfare increases with corporate tax. When the government grants uniform output subsidies, we show that bilateral CSR leads to a lower CSR level than under unilateral CSR but bilateral CSR is always beneficial to society. However, when the government grants discriminatory output subsidies which yield different levels of unilateral CSR, we show that domestic CSR leads to a lower CSR level than under foreign CSR. In an endogenous CSR choice game, domestic CSR (no CSR) is a Nash equilibrium when corporate tax is low (high) under the uniform subsidy, while foreign CSR could be a Nash equilibrium when corporate tax is low under the discriminatory subsidy.

The Labor Government's Industrial Relations Policy: Flexibility with Equity

1992 ◽  
Vol 3 (1) ◽  
pp. 112-125 ◽  
Author(s):  
Peter Cook
Keyword(s):  
Management Practices ◽  
Industrial Relations ◽  
Safety Net ◽  
International Markets ◽  
Vital Role ◽  
Workplace Culture ◽  
Equity And Efficiency ◽  
The Government ◽  
Wage Increases

The fundamental objective of the Government's industrial relations policy is to encourage and assist Australian companies and their employees to adopt work and management practices that will strengthen their capacity to compete successfully both in domestic and international markets. To this end we support co-operative and equitable workplace bargaining, with wage increases being linked to the reform of work practices and attitudes. Our support for decentralised bargaining is aimed at improving productivity by fostering a new workplace culture of striving for continuous improvement. We emphatically reject the view that such an outcome will be achieved by wholesale deregulation and reliance on unfettered market forces. The Government is committed, for both equity and efficiency reasons, to maintaining the Accord approach to wages policy. We are also committed to an independent Australian Industrial Relations Commission playing the vital role of protecting lower paid employees through the safety net of minimum award wages and conditions.

Approaching the 21st Century: Perspectives on Korean Industrial Relations

1997 ◽  
Vol 8 (1) ◽  
pp. 22-43 ◽  
Author(s):  
Seoghun Woo
Keyword(s):  
Trade Unions ◽  
Presidential Address ◽  
Industrial Relations ◽  
Direct Interaction ◽  
The Past ◽  
The Government ◽  
Time Changes ◽  
Future Direction ◽  
Major Factors

This paper argues that the future direction for the development of Korean industrial relations will evolve through direct interaction between employers and trade unions (either conflictual or cooperative). The government is likely to play a less interventionist role in industrial relations, compared with the past, and to adopt the role of mediator between unions and employers. Characteristics of Korean industrial relations during the pre- 1987 period is firstly examined; four major factors are used to explain the industrial relations practice during this time. Changes after 1987 are also considered. Special consideration is given to interaction between the environment and the three major industrial relations participants, and the interactions between them. Both macro and micro aspects of industrial relations are examined. The special Presidential Address (26/04/1996), known as New Conception of Industrial Relations, is also analysed in terms of its implications for future industrial relations issues in Korea.

The promise of partnership

2001 ◽  
Vol 6 (3) ◽  
pp. 227-257
Author(s):  
Denis Gregory
Keyword(s):  
Trade Union ◽  
Human Resources Management ◽  
Industrial Relations ◽  
Call Centre ◽  
Third Way ◽  
The Government ◽  
The Uk ◽  
Partnership Approach ◽  
Development Of Partnership

‘Partnership’ is a word that crops up with increasing frequency in government, trade union and management circles in the UK. For many it neatly embodies both the practice and sentiment of the so-called ‘third way’. In the workplace, a partnership approach to industrial relations has been offered as a neo-pluralist alternative to the unitarism of Human Resources Management. The Trades Union Congress (TUC) is an active proponent of partnership and the government has created a fund to support the development of partnership at the workplace. This article sketches some theoretical underpinning for the practice of partnership. To shed some light on the prospects for partnership it draws on recent UK experience and includes a case study of the development of a partnership between UNISON, the UK’s largest trade union, and Vertex Data Sciences, one of the fastest growing call centre operators in the UK.

scholarly journals THE POSITION OF THE WORKERS' OR LABORERS' SEVERANCE PAY AND OTHER RIGHTS IN THE BANKRUPTCY OF A COMPANY

2018 ◽  
Vol 3 (2) ◽  
pp. 165
Author(s):  
Sonhaji Sonhaji
Keyword(s):  
Human Rights ◽  
Industrial Relations ◽  
Court Ruling ◽  
Severance Pay ◽  
Interesting Topic ◽  
The Government ◽  
A Company

Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.

Ever-Widening Ripples: The Impact of Specialist Industrial Tribunals on Management Practice

1994 ◽  
Vol 36 (2) ◽  
pp. 285-298 ◽  
Author(s):  
Louise Thornthwaite
Keyword(s):  
Management Practice ◽  
Industrial Relations ◽  
Employment Relations ◽  
Employment Decisions ◽  
Public Role ◽  
South Wales ◽  
Wide Range ◽  
The Government ◽  
The Impact

While conciliation and arbitration tribunals have been at the forefront of Austral ian research on industrial relations institutions, numerous specialist tribunals enforcing individual workers' rights in employment have been virtually hidden from view. This paper examines the role of two such tribunals in New South Wales, the Government and Related Employees' Appeal Tribunal and the Equal Opportu nity Tribunal. It argues that although their most direct and public role is to resolve individuals' grievances, equally significant is the contribution of these agencies to the detailed regulation of employment relations and hence the increasing sophisti cation of labour management in public sector organizations since the late 1970s, and the institutionalization of management prerogatives and conflicts over an increasingly wide range of employment decisions.

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