THE LEGAL RELATIONSHIP STATUS OF LOADING AND UNLOADING AFTER THE JOB CREATION LAW

Abstract

The status of stevedoring labor legal relations is still debated among labor law experts. As a permanent worker, outsourcer, day laborer, or no employment relationship. This study aims to analyze the status of the legal relationship between stevedoring workers and the legal consequences, along with legal remedies that can be taken by stevedoring workers, if they have not received maximum rights. This legal research uses a statutory and case approach. The results of the study after analysis of the substance and procedure are the status of legal relations of stevedoring labor, more precisely as daily workers, and as members of cooperatives. The legal consequence of the employment relationship status of stevedoring workers with cooperatives is the right to share the remaining operating results, at the end of the year. The legal consequence of the loading and unloading labor service work is wages based on daily time units. There is no right to severance pay, service award money, and reimbursement money, because it is not stipulated in the Cooperative Annual Member Meeting. Legal remedies that can be taken by stevedoring workers if they do not get their rights can file a default lawsuit in the local District Court. The recommendation given is that cooperatives can establish additional rights for bonfire loading workers, such as rights that should obtain permanent employment, through the annual meeting of cooperative members.