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

Author(s):  
Dian Andriani ◽  
Laily Washliati ◽  
Lia Fadjriani ◽  
Feby Milanie ◽  
Andri Saifannur

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.

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 491
Author(s):  
Aldila Marselli ◽  
Sri Endah Wahyuningsih

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.


2021 ◽  
Vol 3 (2) ◽  
pp. 56-64
Author(s):  
M. Muhsin

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.


Author(s):  
Sandra Imam Mustofah

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.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 466
Author(s):  
Febri Jaya ◽  
Alvin Lauw

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.


2019 ◽  
Vol 68 (3) ◽  
pp. 252-260
Author(s):  
Almut Balleer ◽  
Britta Gehrke ◽  
Brigitte Hochmuth ◽  
Christian Merkl

Abstract This article argues that short-time work stabilized employment in Germany substantially during the Great Recession in 2008/09. The labor market instrument acted in timely manner, as it was used in a rule-based fashion. In addition, discretionary extensions were effective due to their interaction with the business cycle. To ensure that short-time work will be effective in the future, this article proposes an automatic facilitation of the access to short-time work in severe recessions. This reduces the likelihood of a too extensive use at the wrong point in time as well as structural instead of cyclical interventions.


10.28945/3425 ◽  
2016 ◽  
Author(s):  
Bill Davey ◽  
Karoly Bozan ◽  
Robert Houghton ◽  
Kevin R. Parker

Group work can provide a valuable learning experience, one that is especially relevant for those preparing to enter the information system workforce. While much has been discussed about effective means of delivering the benefits of collaborative learning in groups, there are some problems that arise due to pragmatic environmental factors such as the part time work commitments of students. This study has identified a range of problems and reports on a longitudinal Action Research study in two universities (in Australia and the USA). Over three semesters problems were identified and methods trialled using collaborative tools. Several promising solutions are presented to the identified problems, including the use of video tutorials and commentary using screen recordings as a means of providing feedback to students.


2020 ◽  
Vol 2 (1) ◽  
pp. 124-128
Author(s):  
Ni Putu Nita Erlina Sari ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini

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.


AJS Review ◽  
2004 ◽  
Vol 28 (2) ◽  
pp. 297-316 ◽  
Author(s):  
Natan Margalit

In this paper I will examine the rabbinic exemption of women from the obligation to perform any “positive time-bound commandment” (), as it appears in M. Kiddushin 1:7. This rule states that women are exempt from the obligation to perform those commandments, such as, for example, sitting in a Sukkah on the Feast of Tabernacles, or saying the kriءat shemעa, the declaration of God's Oneness, morning and evening, in which the requirement for the mandated action comes about with the arrival of a specific time. I offer this analysis of a particular rabbinic ruling, in its literary context in the Mishnah, as a case study in what I claim to be a major component of the rabbinic discourse of gender: the male appropriation of the “feminine” into their own identities, and the resultant exclusion of women from those areas of appropriation. In this paper I will employ a literary/anthropological approach to reading the Mishnah, which I believe is very useful in uncovering such underlying cultural patterns within its succinct, legal writing style.


2021 ◽  
Vol 1 (1) ◽  
pp. 173-204
Author(s):  
Bunadi Bunadi ◽  
Marjan miharja

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.


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