Workers Protection in Working Agreements: A Case of Employee’s Diploma Certificate on Company’s Custody as a Warranty

Abstract

Working agreement is an agreement between the parties which includes rights and obligations of both the employees and the employers, if either party is incapable or incompetent of committing a legal act, then the working agreements may be canceled. Otherwise, if it made without the works as the contracted are contrary to public order, morality, and applicable legislation, the agreements were canceled by law. Each party has to agree and not be forced, it has to be clear so there is no misunderstanding in the future. The working agreements ideally to protect all the interests of the involving parties. In the working agreements, some companies are requiring the employees to deposit their diploma as a job warranty. The reason about the policy of holding the employee’s diploma as a warranty for time work agreement, where often the employees feel uncomfortable working with the company and then quit before the expiration of the working agreements. That could harm the company, in order to employees last longer at least until the expiration of working agreements. However, the policy was not considered to provide the protection to employees even it is disadvantageous to employees party and has no juridical basis for its implementation. That is breaking the 1945 Constitution on Human Rights “that everyone has the rights to find a decent job and to earn a decent living” and Act no. 13 of 2013 on Manpower. The Method used is normative law based on the essential elements also the main objective of the law is justice, benefit, and legal certainty for employees through working agreements with companies in order to create a working relationship which based on Pancasila’s Industrial relation.