Employment Contract Research Articles

Penerapan Metode Algoritma C4.5 Untuk Memprediksi Loyalitas Karyawan Pada PT.Tolan Tiga Indonesia Perlabian Estate

The capital market is a place where various financial instruments are sold and bought can be long-term or short-term financial instruments. The Indonesian stock market is regulated by law No. 8 of 1995 capital market. The law clarifies the role of capital markets in the country's economy. The capital market has two functions, namely as a container for corporate financing in collecting funds from investors and as a means of investment. Loyalty is a person's loyalty in serving in a company or institution where there is a dedication and trust given by the company or institution in carrying out tasks in accordance with its expertise. in which there is a sense of love and responsibility to strive to provide the best service and behavior to show good work performance. . Loyalty is needed by companies because if employees do not have loyalty at work, it can harm the company. Thus in order to determine employee loyalty,several assessments are needed such as : employee performance,neatness in work, behavior and frequency of cooperation. Sehinnga from the assessment the company can assess how employee loyalty and if the contract employees include employees who have loyalty to the work it will be adopted as permanent employees at PT. There Are Three Types Of Indonesian Real Estate. The need for information services is very important, in predicting employee loyalty .in predicting employee loyalty can still be done manually but requires a very long processing time can be days.therefore, the author provides convenience with the use of meaching learning method, namely C4. 5 algorithm . C4.5 algorithm can facilitate the company in the process of employee prediction with just a matter of hours. So that it can make it easier for companies to determine employees who have loyalty to PT. There are three types of Indonesian real Estate.

Новые направления трудовой миграции из Таджикистана: на примере Великобритании

Introduction. Tajikistan is one of the few countries in the world whose state budget is largely based on tax revenues from remittances from citizens working abroad. The deterioration of the economic situation in Russia has forced migrants to look for a new direction of labor migration. In particular, the Government of Tajikistan itself is interested in reorienting migrants to a new direction. In 2021, Tajikistan signed an employment agreement with the United Kingdom (UK) and the Republic of Korea to send seasonal migrants. Goals. The article aims to identify the prospects and trends in the development of labor emigration from Tajikistan to the UK, as well as the features and channels of seasonal migration from Tajikistan to the UK. Materials and methods. In this study, statistical and sociological research methods are used. The statistics includes numbers of seasonal migrants from Tajikistan for a variety of years. A content analysis of interviews with labor migrants to the UK has been conducted. The analytical method includes systematization of the materials of recruitment agencies’ websites and bilateral agreements of the Republic of Tajikistan with foreign countries. The data are provided by the Agency on Statistics under the President of the Republic of Tajikistan, the National Statistical Service of Great Britain, World Bank, International Organization for Migration (IOM). Currently, the Agency on Statistics under the President of the Republic of Tajikistan has information on the unemployment rate in the country, the economically active population, as well as the number of Tajik migrants until 2021, the World Bank provides data until 2021. Data on the number of seasonal migrants and the structure of labor migration from Tajikistan at the end of 2022 are published in annual or quarterly sections and posted on the official website of the National Statistical Service of the UK. Results. The UK, which needs cheap labor for agriculture, after BREXIT was forced to expand the geography of attracting labor. In addition to the traditional region of hiring seasonal workers — Eastern European countries (Poland, Baltic states, Bulgaria), labor resources began to be actively attracted from Central Asian countries, including Tajikistan. The main factor in attracting migrants from Tajikistan to the UK is the shortage of labor in the country’s labor market after leaving the EU. The main reasons for the reorientation of Tajik migrants from the Russian labor market to the UK are as follows: economic crises in Russia; tightening of migration policy towards Tajik migrants; the spread of English among the youth of Tajikistan, etc. Migration of low-skilled citizens of Tajikistan began in the second quarter of 2021. The main type of migration from Tajikistan to the UK are seasonal migration. The main channel of emigration from Tajikistan to the UK are public and private recruitment agencies. The main one from the bottom is the state institution — Center for Counseling and Pre-Departure Training of Migrant Workers.

O CONTRATO DE TRABALHO INTERMITENTE E SEUS IMPACTOS NA RELAÇÃO DE EMPREGO.

The present study aims to present the creation of the intermittent employment contract in the new labor legislation and its impacts on employment relations and society in general. This informs of how the employee will be treated in this new type of work, as well as the suitability of the employer, to meet the specific legislation of this form of contract. We will study how the legislature sees the intermittent contract, making an analysis of how it is viewed by the labor judiciary. Recognizing a new standardization, which aims to modernize employment relations, although much questioned by part of the union and legal collectivity. It is proposed, through the few sources of research, to bring subsidies regarding this labor legal novel, to point a horizon of hope for both the employee and the employer, in order to comply with our federal constitution. The methodology used for this study was based on bibliographic and exploratory research seeking foundation in the legislation of intermittent work Law No. 13,467 / 2017 and Provisional Measure No. 808/2017.

Social Security and Compensation: Analyzing the Protection of Fixed-Term Employment Contract Workers under the Omnibus Law on Job Creation

Social Security and Compensation: Analyzing the Protection of Fixed-Term Employment Contract Workers under the Omnibus Law on Job Creation

Critical Insights into Gig Economy: A Peninsular Malaysia Case Study

The rise of the gig workers has transformed the employment landscape, presenting both opportunities and challenges for workers globally. It has disrupted the traditional meaning of ‘employee’ with ambiguous and complex aspects, especially gig workers’ status. Practically, gig workers are individuals working under a contract for service with flexibility and independence elements that give them a sense of autonomy in performing their work. This study delves into the specific case of Peninsular Malaysia, investigating the issues and challenges gig workers face in the thriving market. The research adopts both library research and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed using a semi-structured method. The findings revealed that the challenges dwell in the issues of gig workers, which require high-time intervention of governance, policies, and legislation; there is still no definition of gig workers. There is a lack of social protection, an absence of employment contracts, an absence of price regulatory control, poor operational services, a gap between platform owners and the government, and a piecemeal institutional framework. Hence, this study offered recommendations on how to improve the enforcement.

Original Dualisms Labor Law and Casual Work in Portugal and Romania (1920s–1960s)

ABSTRACTThis article argues that any historical explanation of the emergence of dualism in the labor market should take labor law seriously for two intertwined reasons: first, because before there could be a dualism of insiders and outsiders in the market, there was an original dualism inscribed in statutory legislation covering employment contracts; and second because before there could be a neat distinction between a primary and a secondary sector, there was a prevailing legal hierarchy that rewarded the stability of the most stable employees while concomitantly rescinding protection from casual workers. The article asks how these original dualisms were overcome during the better half of the twentieth century, and what mechanisms might explain the eventual collapse of the legal distinctions between various types of employees and the differential distribution of rights that came with it. Empirically, the article draws comparatively on the social and legal history of Portugal and Romania from the 1920s to the 1960s to propose a historically rich and conceptually fresh interpretation of the emergence of “standard employment” on the two peripheries of Europe.

Employment of a partner under an employment contract

Employment of a partner under an employment contract

Legal Protection for Fixed-Term Employment Contract Patterns based on Law No. 6 of 2023 on The Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation

Legal Protection for Fixed-Term Employment Contract Patterns based on the Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law is an interesting topic to study to provide the public with information regarding Fixed-Term Employment Contracts. This is because the sector of Fixed-Term Employment Contracts plays a very important role for workers in determining their welfare. The research method used is qualitative, with secondary legal sources utilizing normative and empirical legal research. The data obtained from the research show that both the government and society play a crucial role in shaping and supervising labor law policies. Legal protection for workers in Fixed-Term Employment Contracts must be fair and balanced between Fixed-Term and Permanent Employment Contract Workers. However, in the government's efforts to protect the workforce, there are still obstacles. It can be concluded that the regulation of Fixed-Term Employment Contracts in various laws and regulations reflects the government's ability to protect its people. These regulations must continuously be improved in accordance with the changing times, and oversight from the public is necessary as a control function to ensure that the latest regulations aim for the welfare of the people.

Is standard employment contract good for all? The gendered institutional logic of employment in South Korea

In coordinated market economies, nonstandard forms of employment are more common among women than among men. However, the existing scholarly literature devoted little attention to the examination of gendered employment patterns by skill level in newly emerged coordinated economies. This article employs a gender-based approach within the Varieties of Capitalism framework to analyse the effects of gender segmentation across diverse occupational skill levels in South Korea. The findings, derived from workers’ surveys and workplace interviews, indicate that the features of gender segmentation in employment outcomes vary according to skill level. Although the feminist critique on dualisation scenarios is supported, it is evident that the strict employment protection afforded by standard employment contracts does not benefit women uniformly. This discrepancy arises from employers' gendered logic, which is embedded in the country-specific gendered institutional structure of the production regime. The South Korean experience problematises the skill-based approach to dualisation scenarios, underscoring notable divergences from the evidence observed in mature coordinated market economies.

Not all leavers are equal: How rank and destination influence enforcement of restrictive covenants

Restrictive covenants like non-competes, non-solicitations, and non-disclosures may pose barriers to spinout ventures and mobility to competitors. However, we know little about the enforceability of these agreements despite their widespread use and associated chilling effects. Examining 332 Canadian court decisions, we find a higher rate of enforcement in cases involving high rank leavers (i.e., managers and owners) versus low rank leavers (regular employees and contractors) especially those who form spinout ventures. Our key insight is that enforcement rates differ significantly across different types of leavers. Low rank leavers and their previous employers may overestimate the potential for enforcement, creating chilling effects (i.e., where employees think they are more restricted by their employment agreements than they really are) that can deter employee mobility and entrepreneurship.

The Role of Employee Engagement in Mediating Perceived Organizational Support and Employee Development on Work Motivation

This study was motivated by the problems of employees at PT. X who experienced fluctuating work motivation, lack of perceived organizational support, lack of employee engagement, especially in decision-making, but indirectly in terms of employee development that has been implemented, it has led to an increase in work motivation due to the absence of employee development programs to improve employee work motivation. This study aims to examine the relationship between perceived organizational support and employee development with work motivation through employee engagement as an intervening variable at PT. X. The method used in this study was a quantitative method with an explanatory research approach. The sampling technique used was simple random sampling. The sample in this study consisted of 164 contract employees at PT. X. The data analysis technique used was path analysis with Partial Least Square (PLS). The results showed that all hypotheses were accepted. Perceived organizational support and employee development have a positive effect on work motivation (t-statistic value > 1.96 and p-value < 0.05). Employee engagement is proven to strengthen the influence of perceived organizational support and employee development on work motivation (t-statistic value > 1.96 and p-value < 0.05). The conclusion of this study is that perceived organizational support and employee development have a positive relationship with employee work motivation through employee engagement as an intervening variable.

Hak-Hak Pekerja Kontrak dalam Perspektif Hukum Ketenagakerjaan di Tinjau dalam UU No. 13 Tahun 2003

Contract workers are workers who are contracted within a certain time, it could be two years, three years or more. In general, workers have a work contract with the company where they work, there are many workers in Indonesia who experience violations of legal protection of labor rights and obligations, and what are the rights and obligations of labor which is the basis of this research. The purpose to be achieved in this paper is to find out what are the rights of labor contracts to workers who often have no knowledge of what is about labor contracts. This article discusses the rights of contract workers based on Indonesian labor law regulations. Contract workers, who are employed under a fixed-term employment agreement (PKWT), have rights that are guaranteed by law although they differ from those of permanent workers. Some of these rights include wages, social security, employment protection, and the right to compensation in the event of termination before the contract ends.

The application of mechanisms of social dialogue in alternative methods of resolving labour disputes

The article defines the legal characteristics of alternative methods of resolving labour disputes, considering their role within the mechanism of social dialogue as a guarantee of interaction and mutual understanding between the parties involved. It highlights the trend in the development of modern labour legislation towards increasing the significance of social dialogue mechanisms in resolving both individual and collective labour disputes, as well as fostering greater involvement of social dialogue participants in the resolution of these disputes. It emphasises that conciliation and mediation procedures should be applied under current conditions in resolving both rights-based and interest-based labour disputes. A critical analysis is presented of the legislative limitation that confines conciliation procedures solely to the development of draft regulatory acts. Alternative methods of resolving labour disputes are considered as a form of conciliation procedure. It is emphasised that alternative methods of resolving labour disputes offer the possibility for the parties to the dispute to independently resolve their disagreements through a joint decision or to involve an impartial third party, jointly authorising them to develop an acceptable resolution that both sides will recognise as binding. The author identifies the following alternative methods for resolving labour disputes: direct negotiations, conciliation through settlement procedures, mediation, and arbitration procedures. It is highlighted that appointing a labour dispute commission at a general meeting or conference of employees contradicts the principles of social dialogue established in Article 3 of the relevant Law of Ukraine. It is proposed that such a body be formed on the basis of social dialogue, comprising representatives of both employees and the employer. Functionally, the labour dispute commission should operate as a permanent conciliation body rather than a jurisdictional one. It is suggested to regulate the use of mediation for resolving labour disputes at the local level within a collective or employment agreement. Arguments are presented that mediation is a subtype of one form of social dialogue—namely, conciliation procedures—since it aims to reconcile the parties to a dispute and to find a mutually acceptable solution. Mediation can be used not only for resolving labour disputes but also during negotiations for the conclusion of collective agreements, particularly to address disagreements that may arise during the preparation of draft versions of such agreements.

Social benefits as one of the additional measures of social protection of servicemen and employees of the Security Service of Ukraine

The article is devoted to the study of one of the important additional measures of social protection of servicemen and employees of the Security Service of Ukraine – social benefits provided to servicemen and employees of the Security Service of Ukraine on the basis of current legislation in order to compensate for certain restrictions on their rights and freedoms associated with being in the service and stimulating interest in its passage. The current national legislation and the views of scientists on the researched issue are analyzed. It is noted that today military personnel of the Security Service of Ukraine enjoy a number of social benefits provided in the field of using public transport of various types (free travel), in the field of health protection (free obtaining of medicines, primary medical examination and dispensation), sanatorium-resort service, discounts in the field of payment for communal services and housing use and other benefits regulated by the laws of Ukraine «On the Security Service of Ukraine», «On social and legal protection of military personnel and their family members». As for the employees of the Security Service of Ukraine who have concluded an employment contract, their social protection is provided on a general basis in accordance with the labor legislation and will be further specified in the social security legislation. It was concluded that despite the fact that the current legislation provides for a number of benefits for military personnel of the Security Service of Ukraine, today the state is not yet able to ensure their full implementation due to the lack of the necessary economic base, a sufficient amount of financial resources, and a clear mechanism for the implementation of the declared guarantees and benefits It is clear that the country, being currently in a state of war, has limited economic opportunities for financing many areas, constantly faces the challenge of balancing the needs of defense, economy and human capital development. At the same time, the social protection of this category of persons should compensate for the difficult working conditions and restrictions on their rights that arise from the conditions of this type of service, motivate them to perform their tasks at a high professional level, selflessly and as efficiently as possible.

Human Resources Competency Analysis on Branch Legal Performance in Supporting Business at PT. Permodalan Nasional Madani

This research aims to analyze compliance with regulations related to human resources management and labor applicable in Indonesia and to analyze human resources competencies in supporting the branch legal performance of PT. Permodalan Nasional Madani. The research was conducted using qualitative methods and a normative approach. Data was obtained through literature studies on legislation, literature, journals, and other relevant sources. The research findings show that compliance with regulations related to human resources (HR) management and labor applicable in Indonesia is an important aspect for companies. The Labor Law, Government Regulations, and various Ministerial Regulations govern aspects such as employment contracts, working hours, wages, worker protection, use of foreign labor, implementation of competency standards, and social security for labor. Compliance with these regulations aims to ensure responsible HR management practices, protect workers' rights, and avoid legal risks for companies. Analyzing HR competencies in supporting the branch legal performance of PT. Permodalan Nasional Madani is an important step to ensure that the branch legal division has competent HR capable of providing optimal legal support for the company’s business performance. This analysis process includes identifying key competencies, assessing current HR competencies, analyzing competency gaps, and developing a comprehensive competency management strategy. The HR competency management strategy for branch legal includes aspects such as HR planning, recruitment and selection, career development, HR retention, as well as continuous evaluation and improvement. Implementing this strategy can provide benefits such as improving the performance and productivity of the branch legal division, minimizing legal risks, enhancing HR satisfaction and motivation, and increasing the company’s competitiveness.

Non-compete clauses in employment contracts: The case for regulatory response

Abstract In the employment context, non-competes are contractual terms which provide that once the employment ends the employee cannot work for another employer in the same industry or field (i.e. a competitor), within a specified geographic area, for a specified time. The existing law and practice regarding non-competes in Australia is plagued with confusion and uncertainty. Non-competes also have adverse economic consequences; they are associated with reduced employee mobility and consequent negative impacts on wages and productivity. The use of non-competes by Australian business has increased over the past 5 years and absent a policy response; this trend is likely to continue. Non-competes are no longer limited to highly paid executives but now apply to about one in five Australian workers, across income, age, occupational, and education groups. The distribution and prevalence of non-competes in Australia are broadly consistent with data in other developed economies. A number of jurisdictions within the Organisation for Economics Co-operation and Development have imposed restrictions on the use of non-competes. The US Federal Trade Commission is considering a ban on their use and, in the UK, the government has announced its intention to limit the term of non-competes to 3 months. In Australia, the Competition Minister has recently asked the Australian Competition and Consumer Commission and Treasury for advice on the competitive aspect of non-competes. The Australian Government released an Issues Paper (https://treasury.gov.au/sites/default/files/2024-04/c2024-514668-issues-paper.pdf#page40) – ‘Non-competes and other restraints: understanding the impacts on jobs, business and productivity’ in April 2024. The Issues Paper outlines the existing research and evidence in Australia and overseas on the use and effects of non-competes. A public consultation process will conclude in May 2024 and Treasury will advise the Government on the outcomes of the consultations by the end of 2024. After reviewing the arguments for and against restricting the ‘reach’ of non-competes, I conclude that the weight of the evidence favours a regulatory response to ameliorate the unfairness inherent in the existing law and practice. A number of possible regulatory responses are considered.

Entrepreneurial Psychological Contracts: Shaping the Future of Work in Times of Uncertainty

In the backdrop of a global work environment characterized by uncertainty, fragmentation, and precarization, this paper introduces the ‘entrepreneurial psychological contract’, a concept that reshapes our understanding of employment relations in new venture creation. The paper responds to the need for reimagining employment in an era where standard, stable employment is increasingly an exception. By extending psychological contract theory with insights from incomplete contracting literature, a nuanced perspective is provided on how entrepreneurs navigate the inherent uncertainties of new ventures to establish employment agreements. The paper is conceptual, and it reveals that entrepreneurial psychological contracts are markedly different from traditional bureaucratic contracts, characterized by their procedural, associational, constitutional, and polyarchic nature. This distinction is pivotal in comprehending the adaptive employment strategies in entrepreneurial environments, which mirror the global trends of work fissuring and employee precarization. This paper contributes to the broader discourse on how work and employment should be reorganized in contemporary capitalism. It offers theoretical advancements in entrepreneuring, human resource management, and contracting under uncertainty, and presents practical insights for entrepreneurs in crafting flexible and resilient employment relations. The paper aligns with the call for broadening perspectives on work, promoting sustainable organizational practices, and envisioning new ways of mobilizing workers in the face of global challenges.

WELFARE & SATISFACTION OF COAL MINING CONTRACTUAL EMPLOYEES

This research paper investigates contractual employees' welfare and satisfaction levels, focusing on factors influencing their work environment, job security, and overall well-being. This study uses a comprehensive survey methodology to explore key variables such as compensation, benefits, work-life balance, and professional development opportunities. The findings, presented through graphical analysis, reveal significant correlations between employee welfare initiatives and job satisfaction among contractual staff. This study underscores the importance of tailored welfare policies to enhance satisfaction and retention within the contractual workforce. Recommendations for policymakers and organizational leaders aim to foster a more supportive work environment that addresses the unique challenges faced by contractual employees, promoting both their productivity and personal fulfillment.

The Relationship Between the Psychological Contract and Job Satisfaction of Beginning College Student Employees

In the context of the rapidly evolving economic landscape, the relationship between the psychological contracts of newly-graduated entry-level employees and their job satisfaction has emerged as a pivotal research topic within the realm of organizational management. The psychological contract, an informal and subjective promise of employment relations, directly influences employees' attitudes and performance. Various types of psychological contracts, such as transactional, relational, and developmental, to some extent, impact employees' job satisfaction. By effectively managing psychological contracts, enterprises can enhance employees' job satisfaction, thereby achieving a win-win situation. This article elucidates the impact mechanism of psychological contracts on job satisfaction and proposes a series of measures to improve the job satisfaction of newly-graduated entry-level employees. These measures include establishing a robust psychological contract, providing systematic introductory training, fostering a supportive work environment, implementing fair performance management, and promoting teamwork and social interaction.

Pelaksanaan Perjanjian di Bawah Tangan Antara Datasemen Kesehatan Wilayah Kupang dengan CV. Citra

In the employment agreement held by CV. Citra with the Kupang Regional Health Detachment is a type of private agreement. Thus, as long as the parties carry out a legal act to make a private agreement, the agreement has binding legal force like a law for the parties who make it. CV. Citra and the Kupang Regional Health Detachment have a work cooperation agreement. In the Agreement, CV. Citra has an obligation to fulfill health services at the Kupang Regional Health Detachment in the form of providing pharmacy facilities through a recommendation application for renting State Property (BMN) in the form of land/land to be utilized. This study aims to determine and analyze the strength and legal impacts that occur in the employment agreement between CV Citra and the Kupang Regional Health Detachment. This study is an empirical legal research, where the research is called qualitative research, namely research that produces descriptive-analytical data. The results of the study indicate that the binding power of an underhand agreement between CV. Citra with the Kupang Regional Health Detachment based on the discussion above already has a binding force between the two parties who entered into a cooperation agreement with Number: PKS / 01 / IX / 2008, dated September 11, 2008 which has been registered / Warmeking legalized by Notary Silvester Joseph Mambaifeto, S.H, under Number; 206 / 2018, dated September 11, 2008. The legal impact if one party defaults on an agreement in this case the case between CV. Citra Kartika and the Kupang Regional Health Detachment based on the discussion above after holding various meetings to find a consensus but not finding a consensus, CV. Citra Kartika demands material and immaterial compensation from the Kupang Regional Health Detachment in the amount of Rp. 10,354,700,000,000.