Termination of Employment-Based on Efficiency in Indonesian Company

The different interest between employer and employee is potentially causing Industrial Dispute between them. Industrial Disputes is dominated by Termination of Employment (laid off) dispute; one of the reasons is company efficiency. Based on that matter, it needs to be studied regarding its legality, procedure, employees’ rights and the pattern of Industrial Dispute Settlement regarding laid off through company efficiency. Based on these problems, several conclusions can be drawn. Firstly, Termination of Employment must be based on a valid reason under the law. Secondly, Termination of Employment due to company’s efficiency can only be done on the condition that the company permanently closed. Thirdly, in the case of termination of employment for company efficiency, the company must pay attention to the employee’s rights in the form of compensation based on consideration of wages and the employee’s duration of work. Fourthly, the pattern of Industrial Dispute Resolution that can be adopted by the parties is bipartite, tripartite and Industrial Relation Court.

The Role of Government in Promoting Harmonious, Stable and Progressive Industrial Relation in Vietnam

The government is an essential partner in the 3-party mechanism of industrial relations in Vietnam, coordinating and facilitating the effective operation of representative organizations and employers' representative organizations. Simultaneously, through the tripartite dialogue mechanism at national and provincial levels, it promptly resolves recommendations from employers and employees, thereby promoting industrial relation development. However, the current model of government management organization on industrial relation from the central to local levels is not consistent; Government management functions on labor and industrial relations are still dispersed; The force for the government management of labor and industrial relations is still thin, the capacity of the staff has not met the requirements. Therefore, the article describes the role of government in industrial relations in Vietnam, thereby offers some solutions to enhance the role of the government in promoting harmonious industrial relations, stable and progressive in Vietnam

Industrial Relations in the Digital Sharing Economy: A Critical Review of Labor Informalization and Social Partnership Relations

This study provides a critical analysis of digital transformation which not only creates new patterns in production, distribution, and consumption but also has implications for power. Various issues have yet to be responded to thoroughly by policymakers to have allowed the new labor relations created in the digital sharing economy to develop quickly and become fragile, especially for laborers. In this article used a qualitative method with the desk study approach, by collecting data and information through examinations, analyzing information data using secondary data. This data is in the form of books, journals, workforce data from BPS, supporting data from related institutions, laws and regulations related to work, reports and literature studies. The results of this study show the emergence of an online transportation based digital platform which has opened new job opportunities, on the other hand, the industrial relation formed are only based on "virtual agreement". The social partnership relations that exist between business/industry players and workers also give rise to new anomalies. This relation obscures the rights and protection of laborers who are unknowingly experiencing exploitation. Digital platform businesses cover the practice of labor exploitation within the rhetorical frame of freedom, flexibility, and partnership. It is the company that is at the peak of power, with control over technology, capital, and access. This study provides input to stakeholders, both government and digital industry, that digital developments should be able to be utilized in influencing social transformation that builds industrial optimism, technology, and empowers society more broadly. State authority and private power need to be integrated to act and be socially responsible. New findings in this study are on aspects digital-based industries cannot be separated from the process of commercialization and the massification of modern capitalism. Lack of regulations that become safety nets makes the labor's position vulnerable and prone to being exploited. The industrial relation of social partnerships, and the absence of regulations governing the work of the informal sector, especially on the digital online transportation platform, creating new anomalies and problems for the labor.

Position of Collective Labor Agreement as a Company Autonomous Law: Industrial Relation Dispute Settlement Approach

Collective Labor Agreement (CLA) is one of the main pillars that can be used in resolving disputes that occur in the company, However, there are problems concerning the implementation of CLA. The purpose of this research is to find and identify factors that can trigger disputes in the implementation of CLA, the probability of amendment of the CLA, identify the position of CLA in resolving Industrial Relation Disputes and find a mechanism of settlement in the implementation of the CLA. The research was carried out using empirical legal methods and analyzed using qualitative methods. The results are presented in a descriptive analysis report. The results of this research showed differences in interpretation, when unclear validity arrangements and adjustments of the new legislation happen were triggering disputes in the implementation of the CLA. Based on goodwill from the CLA parties, amendments could be made through negotiations in accordance with the mechanism stipulated in the Laws and Regulations. The position of CLA is an autonomous law that applies to the company and is an important element in preventing and resolving Industrial Relation Disputes. Finally, the settlement through bipartite, tripartite and Industrial Relation Court are the mechanism that can be taken for interest disputes.

ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018)

This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation must be accompanied by detailed and described as stated in Constitution No. 13 year 2003 about Employment. The Provision about arrangements for employment termination set out in article 150 until 171 Constitution No. 13 Year 2003 about Employment. Issues in this case is that PT Sari Gemilang didn’t described in detailed their reason why they terminated their workers. In the decisions of the Supreme Court didn’t consider Article 57 paragraph (2), Article 59 Paragraph (4), and Article 59 Paragraph (7) also Article 151 Paragraph (3) and Article 155 Paragraph (1) Constitution No. 13 Year 2003. Judge only considered that the relation between Company and Workers are disharmony. Disharmony is a situation, not a reason for termination. Panel of judges of the supreme court didn’t see there are reason for termination or not. There is uncertainty on the termination fee and the calculation that need to be paid by the employer due to disharmony.

Philosophical Basis of the Compulsory Company Manpower Report toward Pancasila Industrial Relation

The research aimed to find out the intrinsic meaning and pragmatic interests of the concept of Compulsory Company Manpower Report (CCMR) and how the principle basis of Law Number 7 Year 1981 affected philosophical validity in realizing industrial relation in accordance with Pancasila. The research applied a qualitative method with textual analysis. The media of research was CCMR, which was one of the minimum macro aspects (work norm) in labor inspection as regulated in Law Number 7 Year 1981 aiming to implement the policy of work opportunity expansion and work protection as mandated by Article 27 paragraph (1) of the 1945 Constitution. The results report the conditions of employment within a company having historical and meaningful substances as the 1945 Constitution states the existence of equality in law and government for every citizen, and each citizen shall uphold the law and government as a manifestation of an active role of citizenship. The applicability of a positive norm cannot be separated from its juridical, sociological, and philosophical requirements. Many opinions reveal that CCMR is only for operational administrative fulfillment. Meanwhile, there is a philosophical basis of CCMR that reaches to the idea about conceptions in work opportunity and labor protection to realize harmonious, dynamic, and fair industrial relations in accordance with Pancasila.

Industrial Relationship Between Worker, Entrepreneur and Government On the Outsourcing Program in PT. Aru Raharja Indonesia

This study aims to determine whether the Industrial Relationship Between Worker, Entrepreneur and Government at PT. Aru Raharja Indonesia has achieved its goal. This research method used an evaluative descriptive method. The object of the research was focused on the Industrial relationship between worker, entrepreneur and government On the outsourcing program of PT. Aru Raharja Indonesia Data is collected through observatied, documentation studied, and indepth interview. Data analysis used descriptive evaluative techniques, through four stages, namely: data collection, data reduction, data display and conclusion drawing/verification. The results of the studied found that industrial relationship at the outsourcing program of PT. Aru Raharja Indonesia is classified as moderate. This indicates that the industrial relation to the outsourcing program of PT. Aru Raharja Indonesia still needs to be repaired in its implementation. It can be less effective in the process of communication between worker, entrepreneur and government in the form of coaching, supervision and coordination between the parties involved in the relationship industry

THE CIRCUMSTANCE THAT NEEDS TO BE CONSIDERED BY JUDGES OF INDUSTRIAL RELATION COURT IN DECIDING REINSTATE DECISION

<p>The implementation of the Industrial Relations Court verdict in the case of termination disputes which order employers to reinstate workers faces obstacles occasionally. This is caused by the reluctance of employers to comply with the verdict. This article aims to analyze the considered situations that the Industrial Relations Court needs to take into account in declaring a reinstatement decision in the case of termination disputes. Through the use of normative legal research methods with statutory, case, and conceptual approaches, it is concluded that such considerations include: the reinstatement of worker to his/her former job title is not appropriate if the position left by the worker has been filled by another worker; the reinstatement of worker is not appropriately provided if it may cause an unharmonious relationship between employers and workers; the reinstatement of worker is not appropriately provided if it causes prejudice to the worker; the reinstatement of worker is unsuitable if it will have a negative impact on the relationship between the worker and the other workers in the workplace; and/or the reinstatement of worker would be unsuitable if the worker has a confidentiality capacity for the company's secrets because the employer no longer trusts the worker.</p>