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.

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.

scholarly journals Learning to live with the law? The legislative attack on British trade unions since 1979

1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Legal Intervention ◽  
British Trade ◽  
Industrial Action ◽  
The Law ◽  
Labour Legislation

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.

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.

Australian Labour Market Issues: an Historical Perspective

1998 ◽  
Vol 40 (4) ◽  
pp. 690-715 ◽  
Author(s):  
Joe Isaac
Keyword(s):  
Labour Market ◽  
Trade Unions ◽  
Historical Perspective ◽  
Industrial Relations ◽  
Institutional Arrangement ◽  
Safety Net ◽  
Women's Wages ◽  
Recent Developments ◽  
Wage Inflation

This paper provides an historical perspective on topics related to recent developments in the Australian industrial relations system discussed in this issue of the Journal— the 'living wage' concept and the safety net, 'fairness' in relative wages, women's wages, the Accord, labour market decentralisation and the role of trade unions. It concludes that recent legislation was not necessary to facilitate increased productivity because the prevailing system had shown sufficient responsiveness to the needs of the economy, both macro and micro. By limiting the jurisdiction of the AIRC and reducing the power of the weaker unions, recent legislation bas created a dual system with a less equitable pay structure and an institutional arrangement less able to deal with wage inflation under more buoyant economic conditions.

Legacy Trade Unions as Brokers of Democratization? Lessons from Tunisia

2020 ◽  
Vol 52 (2) ◽  
pp. 173-195 ◽  
Author(s):  
Dina Bishara
Keyword(s):  
Trade Unions ◽  
Labor Union ◽  
Political Struggle ◽  
Authoritarian Rule ◽  
Political Role ◽  
High Profile ◽  
Major Player ◽  
Labor Activists ◽  
History Of

The Tunisian General Labor Union (UGTT) emerged as a major player in the country's transition from authoritarianism. Existing explanations - focusing on authoritarian legacies, the degree of trade union autonomy from the state, and labor's material incentives to support democratization - do not sufficiently account for the high-profile nature of the union's political role in Tunisia's transition. Instead, as this article argues, the importance of unions' pre-authoritarian legacy is key to understanding the role of unions in the transition from authoritarian rule. If unions enter the regime formation stage with a history of political struggle and with strong organizational capacities, they are more likely to develop a degree of internal autonomy that makes it difficult for authoritarian incumbents to disempower them. The article employs a historical institutional approach and draws on fieldwork and interviews with labor activists in Tunisia.

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 Orientasi Pengaturan Organisasi Serikat Buruh atau Serikat Pekerja Dalam Konteks Hukum Nasional

2019 ◽  
Vol 2 (4) ◽  
pp. 661-671
Author(s):  
Suhartoyo Suhartoyo
Keyword(s):  
Labor Unions ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Financial Assistance ◽  
Labor Organizations ◽  
Organizational Activities

Abstract The research aims to determine the organization of labor organizations in the context of national law in Indonesia. The results of the study show that trade union organizations that can represent workers/laborers in dispute in the Industrial Relations Court are trade unions that have fulfilled the requirements for the formation of trade unions and who have made notice and record to the labor agency, this provision is technically clarified in Decree of the Minister of Manpower and Transmigration No. 16 of 2001 Article 2 to Article 10 which provides an explanation of two basic things, namely: Written notification to the local manpower agency if a trade union / labor union has been formed Written notification to its partners (in accordance with its level) after receiving number of registration evidence, written notification to the new local manpower agency in accordance with the transfer of domicile of the trade union / labor union, written notification to the labor agency that provides the number of registration evidence if there is a change in the Articles of Association / By-Laws, Written notification to local labor agencies for trade unions/labor unions that receive financial assistance from overseas for organizational activities, Written notification to local labor agencies for trade unions/labor unions that have been disbanded to revoke registration records . Keywords: Labor organizations, Employment, National Law Abstrak Penelitian bertujuan untuk mengetahui pengaturan organisasi buruh dalam konteks hukum nasional di Indonesia. Hasil penelitian menujukan bahwa Organisasi serikat pekerja/buruh yang dapat mewakili pekerja/buruh yang bersengketa di Pengadilan Hubungan Industrial adalah serikat pekerja/buruh yang telah memenuhi syarat pembentukan serikat pekerja/buruh dan yang telah  melakukan pemberitahuan dan pencatatan kepada instansi ketenagakerjaan, ketentuan ini secara teknis diperjelas dalam Keputusan Menteri Tenaga Kerja Dan Transmigrasi No 16 Tahun 2001 Pasal 2 hingga Pasal 10 yang memberikan penjelasan dua hal mendasar yakni: Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat bila serikat pekerja/serikat buruh telah terbentuk Pemberitahuan tertulis kepada mitra kerjanya (sesuai tingkatannya) setelah mendapat nomor bukti pencatatan, Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat yang baru sesuai melakukan perpindahan domisili serikat pekerja/serikat buruh, Pemberitahuan tertulis kepada instansi ketenagakerjaan yang memberikan nomor bukti pencatatan bila terjadi perubahan anggaran dasar/anggaran rumah tangga, Pemberitahuan tertulis kepadan instansi ketenagakerjaan setempat bagi serikat pekerja/serikat buruh yang menerima bantuan keuangan dari luar negeri untuk kegiatan organisasi, Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat bagi serikat pekerja/serikat buruh yang telah bubar untuk dicabut tanda bukti pencatatan. Kata Kunci: Organisasi buruh, Ketengakerjaan, Hukum Nasional

The Ambiguous Role of Trade Unions in Startup Formation

2018 ◽  
pp. 308-325
Author(s):  
Sylvia Rohlfer
Keyword(s):  
United States ◽  
Trade Union ◽  
Resource Availability ◽  
Trade Unions ◽  
Occupational Choice ◽  
Industrial Relations ◽  
The United States ◽  
Firm Formation ◽  
The Individual

In this chapter the authors analyze the role of trade unions for firm formation from the perspective of the individual entrepreneur. The industrial relations and entrepreneurship literature reviewed shows that trade unions matter in firm formation decisions in three ways: with regard to the occupational choice problem, the management of potential employees and the resource availability for the startup. Taking the Spanish economy as an example the findings from an empirical study demonstrate the perceived actual and potential role of unions for firm formation. The findings are compared with trade union activity in Germany and the United States in order to draw recommendations for trade union strategists.

scholarly journals The The Role of Human Resource Management (HRM) in Building Industrial Relation

2021 ◽  
Vol 8 (2) ◽  
pp. 164-171
Author(s):  
Vika Anjani ◽  
Agus Subianto ◽  
Rini Fatmawati
Keyword(s):  
Resource Management ◽  
Human Resource Management ◽  
Human Resource ◽  
Trade Unions ◽  
Industrial Relations ◽  
Secondary Data ◽  
Primary Data ◽  
High Work ◽  
Management Work

In industrial relations, the role of workers is represented by the union as a forum to voice and accommodate aspirations in the rights and obligations of workers. Meanwhile, the owners of capital are represented by human resource management (HRM), which acts as the manager of the company's assets in order to achieve ideal industrial relations. The purpose of this study is to explore the role of human resource management in fostering industrial relations. This is motivated by a violation of high work discipline, which has an impact on industrial relations involving management and trade unions. This study used a qualitative method. The data of this study consists of primary data and secondary data. The primary data are obtained from the direct interviews with related parties at PT PAL Indonesia (Persero) and the secondary data are obtained from various written sources. The results of this study showed that the management is already at the stage of cooperation, where trade unions and management work together in fostering industrial relations. This is done through the handling and resolution of employee complaints.  

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>

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