A Work Agreement For A Specified Time Period In Employment Relationship According To Indonesian Labor Law

Shalihah, Fithriatus (2019) A Work Agreement For A Specified Time Period In Employment Relationship According To Indonesian Labor Law. In: Menggagas Hukum Perburuhan Berkeadilan. CV. Revka Prima Media, Surabaya. ISBN 978-602-417-223-7 (In Press)

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Abstract

The provisions of Act Number 13 of 2003 concerning Manpower in Article 59 been found to be ineffective since the government's oversight is not working and due to the fact that the employment demand factor is more toward permanent jobs.The concequency of the legal status of worker as a result of his work as a core of production process does not work either since entrepreneur/employer remains guided by 2 years time period and renewal for the extension of a work agreement for a specified time (PKWT) for 1 year. In practice, the 30-day grace period required by law is also largely ignored, because workers do not want to lose their income if they do not work for one month. According to the author, the ineffective arrangement above needs to be reviewed by prioritizing the interests of both parties. A regulation will not work if it does not reflect the legal needs of the community.If the legislator intends to provide legal protection to a specified time worker within the limits of his / her working period, then the time span given according to the author is eligible for a maximum of 2 (two) years without any further explanation. So inevitably after 2 years period if a employer still wants to hire a worker in an employment relationship, he shall raises his status as unspecified time worker or permanent worker by guaranteeing all the rights attached to him.The enforceability of the law is strongly influenced by the legal culture of public legal awareness. The Labor law has been made in such way to ensure the workers' rights, in this case is the specified time workers. Legal awareness will be an expensive item if legal product is still looking for a justification in doing things that violate human rights of workers.

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