Sifa Lutfiana, Sima (2025) Analisis Yuridis Terhadap Terpenuhinya Hak Dan Kewajiban Pekerja Tanpa Adanya Kontrak Kerja Di Usaha Dagang Perseorangan Berdasarkan Undang-undang Ketenagakerjaan (studi Kasus Di Kota Pekanbaru Tahun 2024). Masters thesis, Universitas Islam Riau.

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Abstract

A verbal employment agreement is a form of employment relationship made without the signing of a written contract. This verbal agreement is valid if it is mutually agreed upon by both parties and should ideally be witnessed by at least two individuals. According to various existing regulations, there is no prohibition on the practice of verbal employment agreements as long as the requirements for a valid contract, as outlined in Article 1601 (a) of the Civil Code, are met. In the business world, a verbal employment agreement can be a practical option while still being legally binding. The central issue of this study is the legal analysis concerning the fulfillment of workers' rights and obligations in the absence of an employment contract within a sole proprietorship, as well as the challenges and obstacles encountered in ensuring the implementation of such rights and obligations without a formal employment agreement, based on the provisions of the Manpower Law (a case study conducted in Pekanbaru City, 2024). The research method used is empirical legal research, which is observational research through surveys. It is descriptive in nature, aiming to provide an analysis of the fulfillment of workers' rights and obligations without a written contract in sole proprietorship businesses, based on the Employment Law, with data sourced from both primary and secondary legal materials. The results and discussion of this research address two main topics: labor law and employment contracts. Although work relationships without a written contract are commonly found in sole proprietorship businesses, this does not relieve the employer of their obligation to fulfill the workers' rights as stipulated in the Job Creation Law, particularly those related to social protection and workers' welfare.

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