Employment Disputes Research Articles

The Authority of the Industrial Relations Court in Resolving Labour Disputes in Indonesia

The Industrial Relations Court has the authority to resolve Industrial Relations Disputes by the Industrial Relations Dispute Settlement Law, namely Law Number 2 of 2004. This study aims to analyze the limitations of the authority of the Industrial Relations Court with the Supreme Court Circular (SEMA) Number 7 of 2012. The type of research used in this paper is normative juridical. The statutory approach and the conceptual approach are used. The analysis uses qualitative description. The results of this study show that the settlement of industrial relations disputes through the Industrial Relations Court can be carried out after settlement through non-litigation methods is unsuccessful. Disputes that can be resolved in the Industrial Relations Court are Industrial Relations Disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes and Disputes Between Trade Unions. The Industrial Relations Court can resolve disputes as long as other dispute cases do not accompany them, such as bankruptcy or criminal cases.

A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.

Regulation of the Role of Mediators in Efforts to Resolve Employment Disputes: A Comparative Study of Indonesia and United Kingdom

This study aims to examine the regulatory frameworks for mediators in employment dispute resolution in Indonesia and the United Kingdom. The research method involves a comparative analysis of the two countries' approaches to regulating the mediation process, mediator qualifications, and the enforceability of mediated agreements. The findings of the study indicate that a robust regulatory environment is crucial in ensuring the credibility and reliability of the mediation process, which in turn increases the willingness of parties to engage in mediation and improves the overall outcomes of employment disputes. The research identifies key considerations for the development of a future regulatory framework, including the need to strike a balance between confidentiality and transparency, strengthen the enforceability of mediated agreements, and harmonize the standards for mediator training, accreditation, and ethical guidelines. The research results suggest that the implementation of a regulated system for case reporting, the development of specialized tribunals or procedures for efficient enforcement of mediated agreements, and the establishment of comprehensive national standards for mediator qualifications and continuous professional development would contribute to the overall effectiveness of mediation as a dispute resolution mechanism in both developed and developing country contexts.

CONFIDENTIALITY, REPRESENTATION AND EVIDENCE IN ADR IN EMPLOYMENT DISPUTES IN TURKEY AND THE UNITED KINGDOM

In the world, ADR (Alternative Dispute Resolution) methods are becoming increasingly popular because of a heavy caseload of tribunals/courts, and the resolution of individual employment disputes through ADR is part of this trend. However, there have always been concerns regarding the use of ADR for the resolution of employment disputes, particularly due to the potential power imbalance between the disputants. These concerns are mutual in the comparison countries of this research: the United Kingdom (UK), with its long and honourable history of ADR in individual employment disputes, and Turkey, which has recently started to employ ADR methods for these disputes. The concerns revolve around: (i) whether confidentiality acts as a ‘curtain’ that prevents stakeholders from assessing whether the procedure is justly managed or whether employees have been pressured to settle; (ii) whether representatives are accessible, whether there are providers of legal counsel for employment disputes, and whether the governments offer legal aid for individuals who cannot afford the cost of representation; (iii) the types of evidence that can be submitted in ADR processes and whether there is an enforcement mechanism in case of resistance to providing necessary documents for ADR meetings. Consequently, it must be highlighted that the same set of rules should not be applied to all kinds of disputes. Due to the potential power imbalances in employment disputes, necessary precautions must be taken to ensure access to justice. On this basis, this research illustrates how ADR regulations in Turkey and the UK should be adjusted to align with the unique structure of employment disputes.

Jurisprudence: combining jobs

The review presents court decisions on part-time employment disputes.

Indonesia Employment in 2023: Labor Force Conditions and Policy Developments in the Early Stages of the Demographic Bonus

In 2023, amidst the complexities of a volatile global economy, Indonesia demonstrated economic resilience, propelled by its dynamic workforce. This abstract synthesizes the intricate interplay between macroeconomic forces and employment trends within Indonesia, drawing from comprehensive data analyses and policy evaluations. The report encapsulates a year marked by economic recovery despite global headwinds such as the Russia-Ukraine conflict, inflation surges, and supply chain interruptions. With a predicted global growth of 3.6% by the IMF, Indonesia's economy experienced fluctuations but maintained a growth trajectory from Q2 2022 to Q2 2023. Labor force data indicates a predominance of the working-age population, signaling potential for sustained productivity and economic fortitude. The demographic composition, skewed towards a younger populace, underpins the vibrant labor market. Employment policies have been responsive to digitalization, globalization, and demographic transitions, focusing on skill development, vocational training, and job safety. Notably, vocational training for SMK graduates was prioritized to match industry requirements. Regulatory advancements aim to balance worker protections with corporate operational efficiency. Amidst COVID-19's lingering impact, policy adaptations were crucial to support workers and businesses, exemplifying Indonesia’s agility in times of crisis. The landscape of employment disputes, predominantly centered around termination, underscores the necessity for robust conflict resolution mechanisms. With 71.15% of industrial disputes tied to terminations, mediation emerged as the preferred dispute resolution strategy. Regional data unveiled disparities in job placements and complaints, spotlighting the need for equitable workforce distribution and grievance redressal mechanisms. The report concludes that Indonesia's labor policies and employment conditions are dynamically evolving, poised to sculpt a robust, inclusive, and sustainable labor market landscape.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

Penyelesaian Sengketa Pelanggaran Disiplin Pegawai Negeri Sipil oleh Pengadilan Tata Usaha Negara Kupang

The purpose of this research is to analyze the settlement of disputes over violations of civil servant discipline by the Kupang State Administrative Court. This research method is normative legal research. The location of this research was conducted at the Kupang State Administrative Court Office. The type of data used in this research is normative research, the data used is secondary data. Data collection techniques that will be carried out are through literature studies and also interviews with sources, namely judges. Data processing techniques in this research conduct studies or analyses in a descriptive juridical and prescriptive juridical manner on legal materials. The result of this research is that the types of employment disputes examined, decided and resolved by PTUN Kupang are generally 2 (two) types, namely disputes due to disciplinary punishment and disputes due to rotation, mutation / promotion and / or filling positions. The subject of litigation specifically for employment disputes is an active and/or former civil servant acting as a plaintiff against a state administrative body or official. The state administrative decision being challenged or the object of the dispute is a decision relating to disciplinary punishment or rotation, transfer/promotion or filling a position against a Civil Servant. The procedure or process of examining civil service disputes at the PTUN is basically the same as examining state administrative disputes in general, namely through 3 (three) processes, namely, the Administrative Process, the Examination Process and the Trial Process, with an examination using a choice of procedural law, namely the Ordinary Procedure, Fast Procedure or Short Procedure.

ADR and Workplace Conflict - A Podcast Analysis Nigeria, Britain and the US

The decline of union representation and the introduction of legal incentives for workers to resolve individual employment disputes without resorting to the courts has unequivocally made Alternative Dispute Resolution (ADR) increasingly prominent in the British industrial relations landscape. The conciliation service offered by the Advisory Conciliation and Arbitration Service (ACAS) has been the most important sign and driver of this change. Although ADR has been encouraged in Western jurisdictions, particularly in the United Kingdom (UK) and in the United States (US), as a means to reduce time and litigation costs in relation to employment tribunal claims, the scarcity of scholarly publications, particularly on the benefits of utilising mediation or conciliation to settle workplace disputes is frankly unacceptable. On the other hand, Nigerian workers or employees are not encouraged or have little or no awareness of resolving workplace disputes or conflicts via ADR due to a lack of sensitisation in most organisations and a dearth of scholarly research on ADR to settle conflicts or workplace disputes in Nigeria, particularly with Mediation and Conciliation. This lack of awareness is a grave oversight compared to the UK. While British workers are encouraged to lodge their disputes with the Advisory, Conciliation and Arbitration Services (ACAS) before proceeding to an employment tribunal claim, Nigerian counterparts settle via the National Industrial Court (NIC) ADR, which is not always adequate. However, some sectors in Nigeria, like the Trade Unions, are quite complex, particularly disputes emanating from the Maritime Industry, which are hardly settled via ADR, unlike their UK counterparts. Hence, the jurisdictions mentioned above have different patterns and modus operandi for resolving workplace conflicts or disputes, and these will be meticulously examined in this paper. Additionally, the paper scrutinises the reason why the minister of labour and employment has so much power accorded or bequest to him to apprehend and refer a disputed award to the National Industrial Court (NIC) ADR. The paper employs a comparative and, for the first time, podcast analysis of workplace disputes in Nigeria and Britain, focusing on the different patterns of settling Workplace Conflicts such as discrimination, bullying and harassment. The paper concludes by unequivocally highlighting the benefits of mediation and its relevance to various entities involved in Workplace conflicts or disputes. Keywords: Alternative Dispute Resolution, Workplace Conflict, Access to Labour Justice, Employment Relations, Human Resource Management, Podcast, Awareness.

Immunities: State Immunity in Employment Disputes and Choice of Court Clauses in Employment Contracts: A Turning Point in Italian Case Law?

Immunities: State Immunity in Employment Disputes and Choice of Court Clauses in Employment Contracts: A Turning Point in Italian Case Law?

KEPASTIAN HUKUM TERHADAP TENAGA KERJA YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA SEPIHAK PASCA TERBITNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Since the enactment of Law Number 11 of 2020 concerning Job Creation (hereinafter referred to as the Omnibus Law) companies can carry out unilateral layoffs on the grounds of efficiency, whether followed by company closure or not followed by company closure due to losses, so that it becomes a question of how to resolve disputes over unilateral termination of employment disputes and also regarding legal protection for workers who have experienced unilateral termination of employment since the enactment of Law Number 11 of 2020 concerning Job Creation. As an analysis knife, the theory of legal protection and the theory of dispute resolution are used to analyze the problem. The type of research in this thesis is normative juridical, namely legal research that places law as a system of norms (principles, norms, rules from laws and regulations, court decisions, and doctrines (teachings). The approaches used in legal research are the statutory approach, conceptual approach, analytical approach, case approach. Mawey Z. Alfa in his research states that layoffs are the cessation of individuals as members of an organization accompanied by the provision of financial rewards by the organization concerned. PHK must be preceded by notification of the plan and also look for ways to avoid unilateral layoffs by the company, if examined based on the provisions of Article 6 and Article 7 of Law Number 2 of 2004, consensus deliberation can be carried out using the principle of kinship between workers and employers. If there is an agreement between the worker and the employer, it can be outlined in an agreement between the two parties, while in the provisions of Article 151 Paragraphs (1) through (4) of the Job Creation Law there is a clear mechanism regarding the planning processes until the implementation of layoffs in a company. In Paragraph (4) it is emphasized that if the bipartite negotiation process does not reach an agreement, layoffs are carried out through the next stage in accordance with the industrial relations dispute mechanism. Disputes over unilateral termination of employment are resolved by bipartite negotiations so that the settlement process is calm and there is no conflict between workers and employers that causes unrest.

Employment Advocate vs Employment Lawyer: A comparative analysis between New Zealand, Australia, and the United Kingdom

New Zealand is facing a burgeoning number of employment advocates in its legal system, especially since the Covid-19 pandemic. As part of the enactment of the Employment Relations Act (ERA) 2000, New Zealand’s parliament intended that employment disputes be resolved in a non-adversarial and efficient manner that required little legal representation. Employment advocates are meant to meet that need; a relatable agent for an employment litigant that resolves disputes faster and cheaper. However, there have been increasing concerns from the employment judges, the New Zealand Law Society, lawyers and the public about the professionalism and competency of employment advocates. Recent case law questions whether employment advocates can continue to operate without restrictions or an oversight body. This paper demonstrates why some employment advocates operate below the standards expected by the courts and the impact it has on their employment litigants or clients. An international comparison to paid agents in Australia and McKenzie friends in the United Kingdom is also included. This paper recommends that the current operations of employment advocates undermine employment litigants’ access to justice and that New Zealand’s parliament needs to reconsider the role of employment advocates in employment disputes.

THE EU PRIVATE INTERNATIONAL LAW FRAMEWORK FOR THE ACKNOWLEDGMENT AND EXECUTION OF JUDGEMENTS IN EMPLOYMENT MATTERS

This study seeks to examine the recognition and enforcement of EU employment judgements under private international law (PIL). The objectives are to examine the legal framework regulating the recognition and enforceability of employment decisions and to assess the influence of Brexit on EU-UK employment-related rulings. The methodology includes a comprehensive review of applicable EU legislation, case law, and employment-related regulations. This will reveal the conditions for recognising and enforcing employment decisions, the function of the EU Regulation on jurisdiction and judgements, and the scope of the EU Directive on judgement enforcement. The findings will elucidate the complexities and difficulties of PIL in employment matters, including the implications of Brexit. They will promote legal certainty and safeguard employee rights in the EU. Policymakers, legal practitioners, and stakeholders in cross-border employment disputes will gain valuable insights. Based on the results of future research, legal framework reforms may be proposed. Comparative studies of PIL frameworks in other jurisdictions could contribute to the expansion of employment law knowledge internationally.

Contracted EU civil servants in EU common security and defence policy missions: Procedural routes to judicial remedies

The right of judicial review for EU civil servants against their employer has historically been guaranteed by both EU primary law and EU secondary law. This has been through staff regulations having regard to Articles 270, 298, and 336 TFEU providing for judicial redress of employment disputes. However, an increasing number of EU civil servants fall outside the scope of such staff regulations, for example, contracted EU civil servants working for the EU's international missions in third states. These Common Security and Defence Policy (CSDP) missions employ thousands of people in different operational military and civilian capacities in the most dangerous regions of the world. There is a growing body of case law that has been developed at the Court of Justice of the European Union regarding access to justice for such staff, and how their employment-related disputes are to be adjudicated upon in the absence of staff regulations. This article probes the issue, and analyses the procedural difficulties, notably in terms of access to remedies, choice of applicable law, and the distinction between contractual and non-contractual issues, which such staff face. The article argues in favour of the introduction of specific staff regulations to cover contracted EU civil servants in CSDP missions, to ensure their procedural rights are protected, and that they have equal access to judicial protection.

The Interplay of State Immunity and Contractual Forum Selection Clauses in Employment Cases: Return to Normalcy

Abstract In Judgment No. 18801 of 2022, in the context of an employment dispute with a foreign State, the Corte di Cassazione declined to give effect to a contract clause conferring exclusive jurisdiction to the courts of the employer State and upheld Italian jurisdiction. With this decision, which was based on the limitations on party autonomy in respect to contracts of employment set forth in the EU Brussels I Regulation, the Court drastically departed from recent precedents where it had declined jurisdiction in the presence of similar contract clauses. Such precedents, in their turn, stood in stark contrast to the earlier jurisprudence of the Court, where jurisdiction had been affirmed based on the Brussels I Regulation. This contribution argues that this ruling constitutes a welcome and much-needed turnaround, bringing the Court’s case law back into line with EU law and the case law of the European Court of Justice and significantly improving the judicial protection afforded to employees of foreign States in Italy – a veritable return to normalcy in employment disputes with foreign States.

Federalism and the Arbitration of Consumer and Employment Disputes in the United States and Canada: The Road Not Taken?

In many respects, the tale of the arbitration of consumer and employment disputes in the United States and Canada is a similar one. Both jurisdictions were traditionally hostile to arbitration, both jurisdictions had a complete change of heart in recent years, and in both jurisdictions, arbitration is widely used in the consumer and employment sphere. Moreover, in both jurisdictions questions have been asked regarding the fairness of arbitration agreements in consumer and employment contracts due to the inherent power imbalance between consumers or employees on the one hand and businesses or employers on the other. Despite these similarities, the consumer and employment arbitration landscape in each is radically different, whereas consumer and employment arbitration in the US is almost impossible for consumers and employees to avoid; in Canada, the opposite is true. This radical difference results from key differences in each jurisdiction’s understanding of federalism so that whilst Canadian provinces and courts have been able to protect consumers and employees, US states and courts have found themselves hamstrung by the Supreme Court’s interpretation of the Federal Arbitration Act and the dominance of federal law over state law. This has led to US courts pushing the envelope of the doctrine of unconscionability whilst Canadian courts have found this unnecessary due to provincial regulation. This article analyzes the different paths taken by federalism in each jurisdiction and how that in turn led to almost opposite outcomes for arbitration law north and south of the world’s longest border. Ultimately, the article concludes that in both federalism and arbitration law, Canada and the US each represent the road not taken by the other.

Outplacement: current practice of a responsible employer for transport and logistics companies

This article looks at the practice of outplacement, which is increasingly being used in transport and logistics companies. In today's environment, a person is dependent on employment. In the case of downsizing, a responsible employer must ensure that the employee leaves the company as gently as possible. Stress and psychological trauma for the employee must be avoided, as job loss affects the financial situation and mental state. Outplacement is important for employers to avoid employment disputes and the risk of damage to the company's reputation. In this article we looked at the practice of outplacement using a transport and logistics company as an example. In this article we consider outplacement as a systematic and responsible work to release personnel. Work which has no significant negative consequences for the company. Based on this analysis, the article presents the author's vision of the outplacement system in a transport and logistics company.

Asas Dissenting Opinion Pada Pembuktian Perkara Dalam Putusan Pengadilan Tata Usaha Negara Tentang Sengketa Kepegawaian

The occurrence of differences of opinion is very likely to occur as a consequence of holding trials with the composition of the panel of judges. As happened in the employment dispute case at PTUN Bandar Lampung Number 7/G/2020/PTUN.BL. Where the plaintiff filed an objection regarding the object of the dispute which was decided when the plaintiff was still a Candidate for Civil Servants and did not have a certain position but only obeyed his superiors. The plaintiff received administrative sanctions for crimes that were considered disproportionate to the crimes committed by his superiors. Of the three judges who received and examined this case, there was one judge who had a dissenting opinion in deciding the case. Therefore, the researcher conducted an in-depth analysis of the differences in opinion of the judges. The result of this study is that if there is a difference of opinion between the judges in the PTUN decision on employment disputes, voting or the most votes are taken according to the principle in determining a decision if there is a dissenting opinion.

Immunities: State Immunity in Employment Disputes and the NATO Status of Forces Agreement: Questioning the Italian Case Law

Immunities: State Immunity in Employment Disputes and the NATO Status of Forces Agreement: Questioning the Italian Case Law

Analisis Terhadap Putusan pengadilan Tata Usaha Negara yang terkait dengan Pembatalan Penerapan Pasal 87 ayat (4) UU ASN

This article or writing aims to analyze the process of resolving employment disputes with respect to civil servants based on applicable laws and regulations and the application of the provisions of article 87 paragraph (4) of Law number 5 of 2014 concerning State Civil Apparatus by state administrative officials. regarding the dishonorable discharge of civil servants in the perspective of the State Administrative Court. In analyzing, the juridical-normative legal research method is used. The data were collected through literature study. and analyzed qualitatively. This study concludes that the Civil Service Dispute Resolution Process with respect to the dismissal of civil servants is carried out by 2 (two) employment dispute resolution routes. In the PTUN Banda Aceh No. 9/G/2018/PTUN-BNA, dated 6 August 2018, the basis for dismissal for committing a criminal act of corruption which was sentenced to imprisonment based on the District Court Decision dated 23 February 2012 for 1 (one) year in prison. The substance of the application of the article in this decision applies Article 87 paragraph (4) letter b retroactively (retroactive principle). The reason for the cancellation is Article 28I paragraph (1) of the 1945 Constitution and is contrary to the principle of legal certainty.