INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
Legal Protection of the Workers in Certain Time Agreement (Study at PT.
Infomedia Nusantar.
Anne Theresia Simanjuntak1.
Surya Nita2 Master of Science of Law.
Universitas Pembangunan Panca Budi.
Medan.
Indonesia Faculty of Social Science.
Universitas Pembangunan Panca Budi.
Medan.
Indonesia
ABSTRACT
Working relationships are formed as a result of an agreement between employers and workers.
The agreement is reached after both parties talk / negotiate on the agreement to be made and based on the will of both parties.
The problem that arises is the number of violations in the application of the system of certain time agreement (CTA).
Many deviations occur on the implementation of CTA rules or in other words CTA that is implemented is not appropriate or even does not refer to the rules of CTA set out in the Manpower Act.
In practice, in addition to the application of CTA which is not in accordance with the provisions stipulated in the Manpower Act, the CTA system implemented also greatly disadvantages the workers.
The purpose of this research is to know the legal arrangement about certain time work agreement, due to certain time working agreement law, and legal protection to workers who are bound in certain time working agreement in PT.
Infomedia Nusantara.
The type of research used is empirical method, descriptive research, while data analysis in this study using qualitative methods.
Based on the provisions of Article 56 paragraph .
of Law Number 13 Year 2003 concerning Manpower referred to as certain time agreement (CTA) constitutes an employment agreement between workers or workers and employers to establish a working relationship within a certain time or for certain workers.
As a result of the law of a certain time labor agreement regulates if either party terminates the employment relationship before the expiration of the period specified in a specified working period, the party terminating the employment relationship is ultimately required to pay compensation to the other party for the wanprestation of that party.
Legal protection of workers who are bound in certain time work agreement in PT.
Infomedia Nusantara is based on the Law Number 13 of 2003 on Manpower, where the worker must be protected from permanent work, that is, the CTA if told to do work that is not his job, the status of CTA by law or by law is no longer into CTA, but has changed its status to Worker / Laborer of Uncertain time agreement (UCTA), whose meaning is regarded as an employee / permanent worker.
Keywords: Legal Protection.
Workers.
Certain Time Agreements PRELIMINARY Working relationships are formed as a result of an agreement between the employer and the The agreement is reached after both parties talk / negotiate on the agreement to be made and based on the will of both parties.
The agreement then raises the rights and obligations between the two parties that make it.
The agreement is the beginning of the creation of a work agreement that eventually gave birth to a working relationship.
It is always the current problem in the working relationship between the employer and the workforce that is by calling into a working agreement with the certain time agreementsystem .
bbreviated as CTA).
The increasing number of companies using the CTA system has generated a lot of protests from various parties, especially the This happens because there are many irregularities in the use of this CTA system that is irregularity to the material labor regulation of the Manpower Law.
The frequent deviations by companies are as an example of the period of labor or work period which has been set in Article 59 of the Manpower Law which states that the CTA for the labor of the settlement contract in the not too long and the longest is 3 .
years, certain time-based employment contracts may be held for a period of 2 .
years and may be renewed only 1 .
time for a maximum period of 1 .
If the entrepreneur wishes to extend this particular CTA, not later than 7 .
days before the end of the Final Procedure has notified its intent in writing to the worker concerned.
In fact there are companies that make CTA once every three months, once every six months or once a year and it is done many times.
At PT.
Infomedia Nusantara consists of 589 employees who all use the CTA system once a year, resulting in a loss for the workforce that performs Starting from the background, the author is interested to raise the issue of legal protection for the workers against the CTA by choosing the title INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY "Legal Protection for Workers in Certain time Agreement(CTA)" (Study at PT Infomedia Nusantar.
So it is expected to obtain useful answers and useful for the development of legal science, especially against legal protection for Formulation of the problem :
What are the legal arrangements for a certain time labor agreement in Indonesia? How are the consequences of working time agreement law for casual workers? How is the legal protection of the workforce that is bound in a certain time working agreement in PT.
Infomedia Nusantara? Research purposes To know the legal arrangements concerning certain time agreementin Indonesia.
To know the legal consequences of a certain time labor agreement for casual workers.
To know the legal protection of workers who are bound in certain time work agreement in PT.
Infomedia Nusantara.
RESEARCH METHODS
This research uses empirical legal research method, which is a legal research method that serves to see the law in the real sense and examines how the law works in the community.
Because in this study to examine people in living relationships in society then the method of empirical legal research can be regarded as research sociological law.
Sociological or Empirical Legal Research is a method of research conducted to obtain primary data and find the truth by using the method of inductive thinking and criteria of the truth of the correspondent as well as the facts used.
This research uses data analysis method with qualitative method, qualitative method is done by analyzing data covering legislation,documents, literature books, and other literature related to the process of implementing legal protection against CTA in PT.
Infomedia Nusantara, then do the collection and compilation of data systematically and describe it with a regular sentence so that it can be drawn a conclusion.
labor requires legal protection from the state of the possibility of arbitrary action by employers.
Forms of protection provided by the government is to make regulations that bind labor and employers, conduct coaching, and implement the process of industrial relations.
"Industrial relations is basically a process of communication, consultation and negotiation and sustained by the ability and commitment of all elements in the Judicially based on Article 27 of the 1945 Constitution of the State of the Republic of Indonesia .
ereinafter referred to as the 1945 Constitution of the Republic of Indonesi.
the status of the labor force is equal to the employer, but the socioeconomic position of the two is not the same, where the employer's position is higher than the workforce.
This low position in the working relationship results in a correlated relationship, leading to the tendency of employers to abuse arbitrary employment.
Certain time agreements A covenant is an event in which a person promises to another or where the two men promise to do something.
In employment requires an employment agreement, namely an agreement between the workforce and the employer or the employercontains the terms of employment, rights and obligations of the parties.
CTA is an agreement between the employee and the employer to establish a working relationship within a certain time or for a certain workforce.
The existence of the employment agreement also serves as a legal protection available to the CTA for the parties binding themselves in the employment agreement clause.
But sometimes the letter of employment agreement is not so considered for one party in a working Because one party is not very familiar with the rule of law in force.
So then the letter of employment agreement only as a formality to qualify for work.
Whereas in it regulate the important thing concerning rights and obligations.
DISCUSSION