Fixed-term Employment Research Articles

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

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.

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.

Initial labor market conditions and subsequent fertility behavior

The conditions upon which young adults enter the labor market have been demonstrated to affect various later-life employment and family formation outcomes. After the 2008–2009 Global Financial Crisis, a thick strand of the literature has shown that precarious initial employment leads to postponed childbearing and higher ultimate childlessness. However, it is not only individual conditions that matter. Broader macroeconomic conditions upon entry also matter. The “scarring” literature has illustrated the consequences of entering the labor market during a recession on later life outcomes. Speaking to both strands and using detailed employment and birth histories of labor market entrants in Germany, this paper examines the effects of initial conditions, operationalized using fixed-term employment and recession year entry, on subsequent fertility behavior. To partly address bias from endogenous selection into initial conditions, we employ a two-step estimation strategy combining a non-parametric optimal full matching step and a parametric event history modeling step using the matched data. Results suggest that entering the labor market with a fixed-term contract is persistently and negatively associated with first births up to a decade after entry, and this pattern is pronounced only among women, whereas entering during a recession has persistent negative associations only among men.

Fixed-term contracts and firm productivity: Do workers’ skills and firm conversion rates from fixed-term to permanent contracts matter?

PurposeWe aim to elucidate the relationship between fixed-term employment and firm productivity by examining workers’ skills and considering how firm-level conversion rates influence this relationship.Design/methodology/approachWe use longitudinal employer-employee data between 2011 and 2017 in the Netherlands to estimate a nonlinear regression derived from a production function proposed by Addessi (2014) and Castellani et al. (2020).FindingsThe contribution of fixed-term contracts to firm-level productivity is less than that of permanent contracts. However, this contribution is greater when firms exhibit a high conversion rate from fixed-term to permanent positions. The effect of the conversion rate is more substantial for high-skilled fixed-term workers than for low-skilled ones.Originality/valueOur results suggest the extent to which firms benefit from fixed-term contracts when these are used for screening high-skilled workers for permanent employment.

Association Between Temporary Employment and Current Smoking and Change in Smoking Behaviors: A Prospective Cohort Study From South Korea (2009-2018).

Previous studies have suggested that employment insecurity is associated with adverse health outcomes. We explored the association between temporary employment and smoking behaviors. We analyzed 11,795 workers (51,867 observations) from the Korea Health Panel Study (2009-2018). Employment types were categorized as regular, fixed-term, or daily, based on the duration of labor contract. The outcomes were current smoking status and changes in smoking behavior (initiation or cessation) in the following year. Generalized estimating equations were used to estimate odds ratios (ORs) and 95% confidence intervals (CIs). The proportions of fixed-term and daily workers were 41.2% and 16.4% for women and 23.6% and 12.4% for men, respectively. Temporary employment was associated with increased odds of current smoking, while also demonstrating prospective associations with changes in smoking behaviors. For instance, in prospective analyses, male workers with fixed-term and daily employments were associated with a decreased likelihood of smoking cessation (OR 0.77; 95% CI, 0.65-0.91 for fixed-term employment and OR 0.66; 95% CI, 0.52-0.83 for daily employment) in the following year compared to those with regular employment. Moreover, those experiencing consecutive temporary employment was most inversely associated with smoking cessation in both men (OR 0.56; 95% CI, 0.44-0.71) and women (OR 0.37; 95% CI, 0.16-0.85) compared to those experiencing consecutive regular employment. However, no clear association between temporary employment and smoking initiation was observed in both men and women. Temporary employment is directly associated with current smoking and inversely associated with smoking cessation. Policies are needed to improve job insecurity among temporary employees.

Bankruptcy of the employer as a consequence of his insolvency

The article considers some issues related to the bankruptcy of the employer, which arises as a result of his insolvency, in particular, the issue of employee protection. It is noted that bankruptcy affects both employers and employees differently. Thus, the employer may be liable both to third-party creditors (financial institutions, suppliers, landlords) and to be in debt to the employees, if the salary or its part has not been paid, as well as the remuneration due to the employees. At the same time, it can have negative consequences for the workers, since their livelihood and their families can be completely dependent on such salary or remuneration. It was concluded that the issues of employee protection in case of employer’s insolvency have always been important and needed to be resolved, since employees are the least protected subjects of labor relations, who need guarantees of protection of their rights from both the employer and the state. Since the bankruptcy of the employer negatively affects both the social and financial situation of the employees, it leads to the termination of the employment contract concluded with them both for an indefinite period and a fixed-term employment contract before the expiration of its validity period. It was concluded that the adoption by the Verkhovna Rada of Ukraine of new legislative acts on the protection of the rights of employees in case of bankruptcy of the enterprise is a positive step, especially today, when the country is in a state of war against the Russian aggressor. It is noted that the implementation of the proposed norms will contribute to the approximation of Ukrainian legislation to European labor standards and will make it economically unprofitable for the employer to withhold salary, will create conditions for reducing the amount of existing debt for its payment, will increase the level of economic protection of the employee in case of late payment of work, and will also ensure the creation of a mechanism wage compensation in case of insolvency of the employer.

Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia

Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research: The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach) and conceptual approach (conceptual approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the research results, it is shown that the protection of workers in Fixed-Term Employment Agreements is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.

Analisis Perlindungan Hukum Terhadap Pemberi Kerja di Indonesia dalam Hukum Ketenagakerjaan Tahun 2024

This study aims to analyze legal protection for employers/businessmen/companies harmed by irresponsible workers in the Indonesian employment landscape in 2024. This study uses a normative legal method with a descriptive approach. The results of the study indicate that the Job Creation Law brings changes to the regulation of fixed-term employment agreements in the Employment Law, but there are still several issues that need attention. Legal protection for workers and employers is regulated in the Employment Law. Enforcement of employment law is carried out through strict supervision to maintain a balance between the rights and obligations of employers and workers. This research is expected to contribute to the development of employment law science, especially regarding legal protection for employers.

Employment outcomes of refugee women and men: multiple gender gaps and the importance of high-skill jobs

ABSTRACT Refugee women face significant challenges when seeking employment in Western host countries. To advance gender-sensitive perspectives within migration and refugee research, this study examines differences in employment outcomes between refugee women and men. Specifically, this study provides a nuanced picture of six indicators of employment outcomes, including pay, fixed-term versus permanent employment contract, overqualification, career prospects, an at-home feeling in the workplace and the ability to talk to colleagues about personal problems. The study also shows that individuals’ occupational status plays a role in gender disparities. Our findings, based on a recent survey of refugees working in Austria, reveal several gender gaps, with an especially significant gap regarding fixed-term employment contracts. Refugee women, who are more likely to be disadvantaged in employment outcomes, benefit disproportionately from working in high-skill jobs. The findings underscore the complex nature of gendered patterns in labour market integration of refugees and imply specific policies addressing gender inequality in this setting.

The Implementation Of The Principle Of Freedom Of Contract In Providing Legal Protection For Workers Under Indefinite-Term Employment Contract At CV Soloarsi Studio

The establishment of worker protection arises from the contractual agreement between employers and employees. The legal relationship between these parties is constituted through an employment contract. The principle of freedom of contract, as stipulated within Article 1338 paragraph (1) of the Civil Code, is embodied in employment contract. Employment contracts that adhere to this principle can prevent the commodification of workers. However, within its practical endeavor, the principle of freedom of contract is frequently compromised in employment contract, leading to an imbalance of rights and obligations between workers and employers. CV Soloarsi Studio, a limited liability company, distinguishes between two types of employment agreements: fixed-term employment contract (PKWT) and indefinite-term employment contract (PKWTT). The aim of this research is to investigate and comprehend the application of the principle of freedom of contract in providing legal protection for workers under indefinite-term employment contract (PKWTT) at CV Soloarsi Studio. The research employed normative methodology, involving the examination of library materials and secondary data. The findings of this research indicate that legal protection for workers can be categorized into three types: economic, social, and technical protection. CV Soloarsi Studio, through its indefinite-term employment contract (PKWTT), has provided legal protection across these three categories. This compliance is evidenced by the allocation of rights and obligations to workers in alignment with the provisions stipulated by Law of Republic of Indonesia Number (No.) 6 of 2023, which ratifies Government Regulation of the Republic of Indonesia in Lieu of Law of Republic of Indonesia Number (No.) 2 of 2022 concerning Job Creation into Law of Republic of Indonesia (UU 6/2023).

Termination of the employment relationship in Slovakia

Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termination of an employment relationship with a foreigner (or a stateless person) and in connection with temporary secondment. The legal regulation of termination of the employment relationship in Slovakia has been relatively stable in recent years, without major changes or serious proposals for radical amendment.

Consequences of the Expiration of an Employment Contract: Theory and Practice

On the example of judicial practice, the theoretical issues of the implementation of labor law norms on a fixed-term employment contract are considered.

Temporary Employment Is Associated with Poor Dietary Quality in Middle-Aged Workers in Korea: A Nationwide Study Based on the Korean Healthy Eating Index, 2013-2021.

Temporary employment is associated with an elevated risk of cardiovascular diseases and mortality. This study explored the association between temporary employment and dietary quality in middle-aged workers. This cross-sectional study included a nationwide sample of middle-aged Korean workers (n = 6467). Employment type was categorized into regular, fixed-term, and daily employment, based on labor contract duration. Dietary quality was assessed using the Korean Health Eating Index (KHEI), which ranges from 0 to 100, with higher scores indicating superior dietary quality. Linear regression was used to estimate beta coefficients (β) and 95% confidence intervals (CI). The survey-weighted proportion of regular, fixed-term, and daily employment was 79.0%, 14.2%, and 6.8%, respectively. Fixed-term and daily employment were associated with a reduced KHEI compared with regular employment (β [95% CI]: -1.07 [-2.11, -0.04] for fixed-term and -2.46 [-3.89, -1.03] for daily employment). In sex-stratified analysis, the association between temporary employment and dietary quality was more pronounced in men (β [95% CI]: -1.69 [-3.71, 0.33] for fixed-term and -2.60 [-4.63, -0.53] for daily employment than in women. In conclusion, this study suggests that temporary employment is a social determinant of dietary quality in middle-aged workers.

The employee and their social security in flexible forms of employment on the example of Poland – selected issues. Part I

The regulation of employment and social policy – with safe and secure conditions of employment in terms of remuneration, safe employment conditions, protection in the event of dismissal, social dialogue, personal data protection, work-life balance, and finally a healthy, safe and well-adjusted work environment – constitutes the foundations of decent working conditions. At the same time, the task of a democratic state is to adjust the dynamically changing economic and market realities to ensure the maximum level of protection in the areas mentioned above relevant to each employee. This situation is also due to the radically progressing digitization that is changing the challenges of the modern labour market. In this article, the author endeavours to address the social security issue of selected flexible (atypical) forms of employment, including employee and non-employee forms of employment. The author chose fixed-term contracts and employment on digital platforms as the subject of analysis, while remaining aware of the multifaceted nature of social security. In this paper, she defends the thesis that the so-called “flexibility of employment relations” should be subject to the broader impact of social security regulations in situations where there are no normative obstacles to them being extended.

Трудовые отношения профессорско-преподавательского состава: вопрос соотношения интересов

The article defines the coordination of the interests of the parties to labor relations and the interests of the state in relation to teaching staff related to the teaching staff. The paper considers the amendments made to Article 332 of the Labor Code of the Russian Federation regarding the establishment of minimum and maximum terms for concluding a fixed-term employment contract with teaching staff related to the teaching staff, in relation to the task of labor legislation to achieve optimal coordination of the interests of the parties to labor relations and the interests of the state. The author provides examples of the realization of the interests of employees, employers, and the state through the changes made. Other ways of achieving optimal coordination of the interests of the parties to labor relations and the interests of the state in relation to the analyzed category of employees are proposed.

There are alternatives. Models for sustainable employment structures in the German system of higher education.

The German system of higher education and public research is characterized by a high rate of temporary contracts with short contract durations and a nearly complete absence of structured career options. About 82% of employees not holding a full professorship have fixed-term contracts, with an average contract period of 20 months. This is facilitated by a special fixed-term employment law (Wissenschaftszeitvertragsgesetz) which universities and other public research institutions have stretched to its limits. Against the background of a survey which we conducted in 2021 and whose results once more demonstrate the shortcomings of this system, we discuss alternative options in the form of model calculations. We propose a reform of employment structures and career paths that could improve not only personal working conditions but also ensure the quality of research and teaching in German academia. By quantitative comparison with the current employment situation, our model calculation demonstrates that plannable career decisions can be enabled at an early stage without changing budgets or teaching duties. We also show that the counter argument of a "congestion" of positions is not substantiated, and that young scholars will still have the opportunity to start a career in the reformed system, while the total number of employees can be kept nearly constant.

Association of precarious employment with depressive symptoms and suicidal ideation among female workers: Findings from a nationwide longitudinal study in Korea

BackgroundIn this study, we examined the relationship of precarious employment (PE) with depressive symptoms and suicidal ideation among Korean women. MethodsWe included a nationwide sample of 4162 women drawn from the Korean Longitudinal Study of Women and Families, comprising 7566 observations. PE was assessed using three dimensions: employment insecurity, income inadequacy, and lack of rights and protection. Depressive symptoms were assessed using the 10-item version of the Center for Epidemiological Studies Depression Scale. Generalized estimating equations were used to estimate the association between each element of PE and the depressive symptoms and suicidal ideation over a two-year follow-up period, represented as odds ratios (ORs) and confidence intervals (CIs). ResultsThe overall prevalence rates of depressive symptoms and suicidal ideation were 11.8 % and 1.9 %, respectively. Compared with permanent employment, fixed-term employment (OR [95 % CI]:1.29 [1.00–1.67]) or daily employment (OR [95 % CI]:1.53 [1.26–1.99]) was associated with the depressive symptoms at the follow-up. Additionally, lack of social benefits (OR [95 % CI]:1.40 [1.09–1.79]) and high perceived vulnerability (OR [95 % CI]:1.27 [1.08–1.49]) were associated with the depressive symptoms at the follow-up. Additionally, daily employment was associated with the suicidal ideation at the follow-up (OR [95 % CI]:1.94 [1.02–3.68]) and high perceived vulnerability was marginally associated with an increased suicidal ideation risk (OR [95 % CI]:1.49 [0.98–2.29]). LimitationCausal effect of PE could not be asserted due to the observational nature of this study. ConclusionsPE is a social determinant of women's mental health and policy interventions are required to improve their employment conditions.

Oversight on the Execution of Fixed-Term Employment Contracts at the Makassar City Labor Department

This study delves into the procedures and regulatory frameworks governing PKWT, alongside scrutinizing the oversight mechanisms in place to ensure adherence to labor laws, safeguard worker rights, and maintain a balance between employer interests and employee protections. Through empirical legal research, involving interviews, document analysis, and a thorough review of legal statutes, the study unveils the intricacies of PKWT registration at the Makassar City Labor Office and assesses the effectiveness of labor oversight practices. Findings reveal that the registration process for PKWT, whether conducted online within three days or offline within seven days post-signing, necessitates the submission of specific documents to ensure legal and administrative compliance. This mechanism not only provides clarity and accountability but also serves as a foundational aspect of labor law enforcement. However, the research identifies a gap in the legal framework concerning sanctions for non-registration of PKWTs, underscoring a potential area for legislative enhancement to reinforce worker protections. The study further examines the role of labor oversight, conducted by the Makassar City Employment Office and other relevant bodies, in maintaining a fair, transparent, and regulated employment landscape. It categorizes oversight into preventive and repressive measures, each playing a critical role in promoting compliance with labor regulations and safeguarding worker rights. Despite the proactive efforts in education and socialization to foster compliance, limitations in authority at the city level underscore the necessity for coordinated efforts with provincial labor authorities to bolster oversight efficacy.

PERLINDUNGAN HUKUM PEKERJA DENGAN PERJANJIAN KERJA WAKTU TERTENTU BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Legal protection for employees is regulated by the Law No. 13 of 2003 concerning Labor. The legal protection obtained by a worker relates to the fulfilment of the rights agreed between the employees and the employer, which are laid down in the employment contract, among others; wages or remuneration or salary; time, rest, and leave of work; safety, health and well-being at work; mechanisms of termination of employment relations; and etc. An employment contract is a prerequisite for the establishment of an employment relationship and for the fulfilment of the rights of the worker. An employment contract consists of a Fixed Term Employment Agreement and An Indefinite Time Work Agreement. The discussion in this study is: Forms of legal protection of workers with Fixed Term Employment Agreement under Law No. 13 of 2003 concerning Labor. The method used is normative jurisprudence with specifications of analytical descriptive research. The data collected is secondary data obtained from library material such as books, documents, archives, literature and reports related to the subject being studied. After all the material is collected, the data is analyzed qualitatively.