scholarly journals ANALISIS PELAKSANAAN PERJANJIAN JAM KERJA ANTARA PERUSAHAAN DENGAN PEKERJA DI PT. PLASINDO LESTARI DIHUBUNGKAN DENGAN PASAL 77 UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

2021 ◽  
Vol 6 (2) ◽  
pp. 24-45
Author(s):  
Muhamad Abas ◽  
Sartika Dewi ◽  
Yusuf Rizki

Perjanjian adalah suatu perbuatan dengan mana satu orang atau lebih mengikatkan dirinyaterhadap satu orang lain atau lebih. Di Dalam Pasal 1 angka (14) Undang-undang No.13Tahun 2003 Tentang Ketenagakerjaan bahwa Perjanjian Kerja adalah perjanjian antarapekerja atau buruh dengan pengusaha atau pemberi kerja yang memuat syarat-syarat kerja, hak, dan kewajiban para pihak. Identifikasi Masalah 1. Bagaimanakah pelaksanaanperjanjian kerja dengan perusahaan di PT Plasindo Lestari Menurut Perjanjian WaktuKerja? 2. Apakah yang menyebabkan ketidaksesuain jam kerja di PT Plasindo Lestari?Penelitian ini menggunakan Metode Pendekatan secara yuridis- Empiris, SpesifikasiPenelitian yang digunakan bersifat deskriptif , dan data yang diolah adalah deskriptifkualitatif isi sesuai dengan tujuan penelitian yang selanjutnya dikonstruksikan dalam suatukesimpulan perjanjian kerja dengan perusahaan sudah tidak asing lagi. Perjanjian kerjabersama merupakan hasil antara pihak pengusaha dan pihak pekerja yang diwakili olehserikat pekerja. Perjanjian kerja bersama di dalam Undang-Undang Nomor 13 Tahun 2003tercantum dalam pasal 116 sampai pasal 135, yang mengatur tentang persyaratan yangharus di penuhi untuk pembuatan suatu perjanjian kerja bersama.Hasil Penelitian penulisadalah di dalam perkara perusahaan mengenai jam kerja yang tidak sesuai karena diperusahaan PT Plasindo Lestari mengenai jam kerja paling banyak 1 (satu) Hari 12 (DuaBelas) Jam Dan 1 (satu) Minggu 72 (Tujuh Puluh Dua) Jam yang seharusnya didalamUndang-Undang Nomor 13 Tahun 2003 Tentang KetenagaKerjaan Pasal 77 Ayat (2) waktukerja lembur hanya dapat dilakukan paling banyak 3 (tiga) jam dalam 1 (satu) hari dan 14(empat belas) jam dalam 1 (satu) minggu Kata Kunci : Perjanjian, Perusahaan, Jam kerja An agreement is an act by which one or more persons bind themselves to one or more otherpersons. In Article 1 number (14) of Law No. 13 of 2003 concerning Manpower, it is statedthat a Work Agreement is an agreement between a worker or laborer and an entrepreneuror employer that contains the terms of work, rights and obligations of the parties. Identification of Problems 1. How is the implementation of the work agreement with thecompany at PT Plasindo Lestari according to the Working Time Agreement? 2. Whatcauses the incompatibility of working hours at PT Plasindo Lestari? This study uses ajuridical-empirical approach, the research specifications used are descriptive, and the dataprocessed is descriptive qualitative content in accordance with the research objectiveswhich are then constructed in a conclusion of a work agreement with a familiar company. Collective labor agreement is the result between the employer and the workers representedby the trade union. Collective labor agreements in Law No. 13 of 2003 are listed in articles116 to 135, which regulate the requirements that must be met for making a collective workagreement. at PT Plasindo Lestari regarding working hours at most 1 (one) Day 12(Twelve) Hours and 1 (one) Week 72 (Seventy Two) Hours which should be in Law Number13 of 2003 concerning Manpower Article 77 Paragraph ( 2) overtime can only be done fora maximum of 3 (three) hours in 1 (one) day and 14 (fourteen) hours in 1 (one) week. Keywords: Agreement, Company, Working Hours

2020 ◽  
Vol 16 (5) ◽  
pp. 935-945
Author(s):  
I.A. Zaikova

Subject. The working time of workers at any stage of economic development is a value reflecting the level of labor productivity. Any progress in productivity contributes to changes in the volume of labor costs and the number of employed. Depending on the relationship between the total volume of labor costs and the number of employed, the duration of working time per one worker may change (it may increase, decrease, or remain unchanged). Objectives. The study aims to confirm the importance of such a macroeconomic indicator as the number of employed in varying working hours. Methods. The study rests on the comparative analysis of countries with developed economies based on some indicators like dynamics of the working time fund, dynamics of the number of employed, average number of hours worked during the year per employee, etc. The analyzed timespan is 25 years (from 1991 to 2016). Results. The comparative analysis revealed that in the non-production sphere and the economy as a whole the macroeconomic determinants correlate so that the length of working time per worker reduces. When considering the analysis results for the manufacturing sector, no single trend was identified. Conclusions. One of the key factors affecting the change in working hours is the number of employed. The relationship between the working time fund and the number of employed directly determines the dynamics of working time per worker.


2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.


Author(s):  
Тамила Магомедовна Нинциева

В представленной статье рассматриваются исторические особенности развития правового регулирования рабочего времени, анализируются отдельные нормативные акты, регулирующий данный вопрос. This article discusses the historical features of the development of legal regulation of working time, analyzes individual regulatory acts governing this issue.


Author(s):  
Laura Vieten ◽  
Anne Marit Wöhrmann ◽  
Alexandra Michel

Abstract Objective Due to recent trends such as globalization and digitalization, more and more employees tend to have flexible working time arrangements, including boundaryless working hours. The aim of this study was to investigate the relationships of various aspects of boundaryless working hours (overtime, Sunday work, and extended work availability) with employees’ state of recovery. Besides, we examined the mediating and moderating role of recovery experiences (psychological detachment, relaxation, mastery, and control) in these relationships. Methods We used data from 8586 employees (48% women; average age of 48 years) who took part in the 2017 BAuA-Working Time Survey, a representative study of the German working population. Regression analyses were conducted to test main effects as well as mediation and moderation. Results Overtime work, Sunday work, and extended work availability were negatively related to state of recovery. Psychological detachment mediated these relationships. Furthermore, we found that relaxation and control mediated the association between extended work availability and state of recovery. However, no relevant moderating effects were found. Conclusions Altogether, our findings indicate that various aspects of boundaryless working hours pose a risk to employees’ state of recovery and that especially psychological detachment is a potential mechanism in these relationships. In addition, the results suggest that a high level of recovery experiences cannot attenuate these negative relationships in leisure time. Therefore, employers and employees alike should try to avoid or minimize boundaryless working hours.


Res Publica ◽  
1970 ◽  
Vol 34 (1) ◽  
pp. 35-51
Author(s):  
Jens Bastian

The article focuses on working time policies introduced in Belgium during the period 1975-1990. As a country with early mass-unemployment, the magnitude of the unfolding Labour market problems fostered a specific set of responsive strategies. The initial trajectory of Belgian working time policies was centered around cutting standard weekly working hours in order to enhance Labour market effects. In the course of a marked issue transformation, work sharing objectives were substituted by the notion of temporal flexibility which focused primarily on concerns for and changes in the economie performance of individual firms. The author outlines various structural features of the Belgian socio-economic system and argues that these profoundly affected the goals identified with working time policies as much as the actor constellations endorsing the respective measures.


2006 ◽  
Vol 88 (5) ◽  
pp. 429-432 ◽  
Author(s):  
WEG Thomas

Surgical competence and its assessment is one of the most hotly debated topics engaging the profession. In the current climate of diminishing working hours and shorter training, the surgical profession is having to address the complex issue as to how surgery as a craft specialty should be taught, and how to assess when an individual is competent within their chosen sphere as well as how that competence should be maintained. Internationally, there is political pressure upon the professional to achieve contracted activity to comply with political imperatives and, at the same time, to achieve a greater degree of specialisation. Within Europe, the working time directive has led to a shift system of rotas and this, along with a shorter overall period of training, has led to reduced time available to surgical trainees in which to learn their craft.


2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Ljubica Milosavljević ◽  
Bogdan Dražeta

Multiple processes in modern Serbia occurred at the end of the twentieth and the beginning of the twenty first century. Almost all of them regard political, economic, and social changes. Influences caused by these changes can be seen in the social template across the spectrum of plans, encompassing various spheres of life of individuals from business to private, all the way to the point where this division, for many, is gradually disappearing. In that sense, this paper will follow the most anthropologically interesting example of research, the one that follows the influences of the undertaken reform processes and observed changes. This is the example that regards the experience and evaluation of time among employed inhabitants of Belgrade, the capital of Serbia. The aim of this paper was to refer to the results of anthropological fieldwork conducted in 2005, which focused on the experiences, strategies and expectations of employed Belgraders in terms of their working hours and certain temporal boundaries that characterize it. Due to the increasingly intensive business contacts with foreign partners and colleagues since 2000, the working hours of employees were analyzed in a narrower context, as they were on the long list of adjustments, mostly to Western influences. These contacts were not only more frequent after the period of the 1990s, which, among other things, is characterized by a sudden break in cooperation with foreigners, but were often dictated by the EU integration process, the increase of the private sector in which operated companies were oriented towards profit, and the acceleration of time. The last aspect was examined in 2005 through a sample comprising 30 interlocutors of various business backgrounds. The ethnographic material was categorized and analyzed with regard to the differentiation of respondents by age. Fifteen respondents were chosen to represent the older generation (born in the 1940s and 1950s) and as many the younger generation (born in the 1960s and 1980s). The blurring of the boundaries between the employees’ business and private life in Belgrade became more marked at the turn of the century, and it could be clearly stated through the example of working time. Differences between the period of socialism and the period of reforms since the 1990s relate also to a sense of insecurity and fear of losing one's job or having inadequate work, and the simultaneous development of the private sector, which is characterized by stricter rules for employees. More intensive was the influence of business on the private domain of life, but also the intrusion of the private into business life. This has become a necessity and a pledge of individual functioning on both levels, which show combined characteristics of acceleration through the increase of obligations.


2020 ◽  
Author(s):  
Ingrid Keilegavlen Rebnord ◽  
Tone Morken ◽  
Kjell Maartmann-Moe ◽  
Steinar Hunskaar

Abstract Background: Repeated studies of working hours among Norwegian regular general practitioners (RGPs) have shown that the average total number of weekly working hours has remained unchanged since 1994 and up until 2014. For both male and female RGPs, the mean total weekly working hours amounted to almost 50 hours in 2014. In recent years, Norwegian RGPs have become increasingly dissatisfied. They experience significantly increased workload without compensation in the form of more doctors or better payment. A study from the Norwegian Directorate of Health in 2018 (the RGP study) showed that Norwegian RGPs worked 55.6 hours weekly (median 52.5). 25% of the respondents worked more than 62.2 hours weekly. Based on data from the RGP study we investigated Norwegian RGP’s out-of-hours (OOH) work, how the working time was distributed, and to what extent the OOH work affected the regular working hours.Methods: In early 2018, an electronic survey was sent to all 4640 RGPs in Norway. Each RGP reported how many minutes that were spent that particular day on various tasks during seven consecutive days. Working time also included additional tasks in the municipality, other professional medical work and OOH primary health care. Differences were analysed by independent t-tests, and regression analyses. Results: 1876 RGPs (40.4%) responded, 640 (34.1%) had registered OOH work. Male RGPs worked on average 1.5 hours more doing regular work than did females (p=0.001) and on average 2.3 hours more OOH work than females (p=0.079). RGPs with no OOH work registered a mean of 1.0 hours more clinical work than RGPs working OOH (p=0.043). There was a large variation in OOH working hours. A linear regression analysis showed that male RGPs and RGPs in rural areas had the heaviest OOH workload. Conclusions: One in three Norwegian RGPs undertook OOH work during the registration week in the RGP study. OOH work was done in addition to a sizeable regular workload as an RGP. We found small gender differences. OOH work was not compensated with reduced regular RGP work.


Author(s):  
Oktavia Sunny ◽  
Anastasia Lidya Maukar ◽  
Ineu Widaningsih Sosodoro

The export demand for Electoric Control Unit (ECU) products, which continued to increase by approximately 25% in December 2014, made the company have to review its production capacity. Based on current production capacity data, it is known that the process cycle time is 64.9 seconds while the takt time needed to meet consumer demand is 39.4 seconds for the first production line. With working time included in working hours overtime, this first-line capacity cannot meet production demands. Work measurement is done to get actual time data for capacity calculation. Man machine chart is one of the tools used to determine the production line capacity with the current number of machines and workers. To be able to fulfill the production demand, a capacity design with 2 proposed improvements is carried out, namely: adding a working time of one shift for the first production line or balancing work time between lines. By calculating the results obtained and the costs incurred, the proposal for balancing work time between lines becomes more effective to do.


2021 ◽  
pp. 35-40
Author(s):  
Yaroslava Svichkarova

Problem setting. On-call work is today a poorly-investigated by science of labor law form of non-standard employment. Since 2019, there are several draft laws developed in Ukraine that deal with on-call work. These drafts describe it such as employment contract with non-fixing working hour. The latest draft No. 5161 of 25.02.2021 "On Amendments to Certain Legislative Acts of Ukraine on the regulation of some non-standard forms of employment" has been submitted to Parliament. This bill was developed according to the Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. However, we believe some provisions of this bill on the establishment of working time need further adaptation. Analysis of resent researches and publications. The issue of legal regulation of non-standard employment has been analysed by V.Venedidikov, N. Vyshnevska, I. Gorgoriev, I. Kiselev, A. Lushnikov, D. Morozov, O. Mozna, N. Nikitina, O. Process, O. Rimkevich, V. Soyfer, M. Sorokishin, O. Yaroshenko. On-call work was the subject of doctor’s and candidate’s thesis of V. Gnidenko, O. Korkin, O.Pilipko, M. Shabanova. At the same time a number of legal problems were arised after the project No. 5161 had been adopted. For instance, peculiarities of the establishment of working time, the legal regulation of new legal categories in an employment contract with non-fixed working time need further adaptation. Аrticle’s main body. In the employment contract with non-fixing working hour the maximum working hours of the employee is determined, fixed in the contract, however the minimum working time is not defined due to the fact that the employer does not have a duty to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In order to strengthen the coherence of terminology and better reconcile the typology and character of this non-standard employment form with the provisions of Directive (EU) 2019/1152, the draft law should enter and (or) determine the terms, such as a schedule of work, basic hours and days, mode of operation. Conclusions and prospects for the development. In the contract with non-fixed working hours, the installation and distribution of working time has specific features: maximum duration of the employee's working time is determined, fixed in the contract, and the minimum working time is not determined at all, since the employer does not have a duty in the employer to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In such an employment contract basic days and hours should be establishes, that is, a time interval when an employee must perform its labor duties in case of a demand. The employee's calling on work, in turn, must be carried out by the employer in compliance with the conditions established in the contract itself (for example, the method and minimum term of the employee's notice of the start of work). The mode of operation is predictive to the employee, the one can predict "theoretically" that he can be called on in certain days and hours. The schedule of work with each call on work is really unpredictable. This schedule should be agreed between the employee and the employer before the work is started, although we believe such agree does not matter because the schedule is made within the basic days and hours that are already known to the employee.


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