Legal Protection For Workers Research Articles

Legal Protection for Workers on Job Loss Guarantee in the Tourism Sector

In Indonesia, labo u r social security is a right of workers, as exemplified by the provision of job loss insurance . In essence, social security is designed to ensure that workers retain a decent standard of living in the event of job loss. One of the most frequently demanded rights of workers is the right to social security. The Indonesian Social Security Administration Body (BPJS) programme comprises two distinct categories: social security for health and social security for employment . The following ques tion is posed: How is the job loss insurance programme in the tourism sector implemented at BPJS Ketenagakerjaan Cabang Bali Gianyar ? Furthermore, what form of legal protection is afforded to workers who lose their jobs in accordance with Indonesian Govern ment Regulation No. 37/2021 on the implementation of the Job Loss Insurance Program? Methodology: empirical research employing a soc iological approach. The findings indicate that the implementation of the job loss guarantee programme at BPJS Ketenagakerjaa n Gianyar is conducted in accordance with the submission of job loss insurance claims from workers who have been laid off. At PT CH B Villa, 26 workers who experienced layoffs were eligible to receive the benefits of job loss insurance , including 24 worker s (92%) who were entitled to receive them and two workers (8%) who were not. In conclusion, the implementation of the job loss insur ance programme at the Villa of PT CHB Gianyar has been effective in providing legal protection and benefits for laid off wo rkers. In the event that an employer violates the rights of a dismissed worker, the employer may be subject to administrative sancti ons in accordance with the provisions of Article 46 of Indonesi an Government Regulation No. 37/ 2021 concerning the implement ation of the job loss insurance . These sanctions may include written warnings to the employer and the cessation of certain public se rvices.

Legal Protection for Workers on Termination of Employment That Occurs Due to Force Majeure According to the Law - Labor Copyright Law

Labor has an imperative part as one of the supporting components in improvement. Making strides human quality cannot be accomplished without a certain ensure of life to be gotten, and moving forward the quality of labor and assurance of labor must be balanced to human respect. This consider points to analyze the Covid-19 widespread as a circumstance that qualifies as constrain majeure concurring to the Labor Law, and to look at the lawful results of end of work carried out on the grounds of drive majeure due to the Covid-19 widespread. The investigate strategy utilized is standardizing investigate strategy backed by observational investigate utilizing different sorts of essential lawful materials within the frame of laws and controls and secondary legitimate materials within the frame of literature related to legitimate security for specialists within the occasion of end of work due to drive majeure. The comes about appear that the Covid-19 widespread can be qualified as a drive majeure beneath the Labor Law, and end of work carried out on the grounds of constrain majeure due to the Covid-19 widespread has legitimate results within the frame of employers' commitments.

LEGAL PROTECTION FOR WORKERS AT LKP SAHABAT CENDEKIA SIGLI, INDONESIA

The Institute of Courses and Education or LKP is one form of non-formal education institution that employs educators as applicable in formal education. However, in some LKP cases, it raises problems including the absence of contractual provisions of employment agreements that cause uncertainty and protection for both parties between LKP and workers. For this reason, the focus of this research is how is the system and form of employment contract and its implementation at LKP Sahabat Cendekia Sigli, and how is the legal protection for workers at LKP Sahabat Cendekia Sigli reviewed according to the ijārah ‘alā al-’amal contract? This research is studied with a conceptua lapproach approach with the type of empirical legal research. The result of the research is that the system and form of employment contract between workers and LKP Sahabat Cendekia Sigli is in the form of an oral agreement with the provision that the manager explains the amount of salary/wages per hour and subject, as well as teaching hours or days. The LKP does not explain the expiration date of the contract. In the context of protection and legal certainty, the status of workers in the LKP and the LKP itself does not have legal certainty. On the one hand, there is uncertainty and legal protection for the LKP because workers can decide to resign/leavethe LKP. On the other hand, workers also do not get legal certainty and protection because the LKP can also terminate the employment contract at any time. For this reason, seen from the ijārah ‘ala al-’amal contract, the implementation of the employment contract at the Sahabat Cendekia Sigli LKP is not in accordance with the principles of sharia contracts. The ijārah alā al-'amal contract requires the certainty of a written agreement contract and the actions of the two parties are bound by and limited by the agreed agreement letter. This is what is missing in the work agreement at LKP Sahabat Cendekia Sigli.

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.

Legal Protection for Workers Receiving Wages below the Minimum Wage Provisions at the District/City Level Post the Job Creation Law

This research aims to analyze the legal protection for workers receiving wages below the minimum wage after the enactment of the Omnibus Law on Job Creation. With the regulatory changes, there is a potential decrease in the wage levels for workers at the district/city level. Therefore, this study seeks to delve into the impact of legislative changes on the rights and welfare of workers, particularly those affecting minimum wage standards. The research method employed is normative legal research, involving an analysis of relevant legislation and a literature review on the impact of the Omnibus Law on Job Creation on worker wages. The findings indicate that these regulatory changes have a significant impact on workers' rights, especially those receiving wages below the minimum standard. Furthermore, the study identifies several challenges in the legal protection of workers under minimum wage provisions, including the expansion of company authority in setting wages. Therefore, it is recommended to implement policy and regulatory improvements that prioritize the interests of workers to ensure adequate legal protection amid changes in the labor market structure. This research is expected to contribute to a deeper understanding of the changes in working conditions post-Omnibus Law on Job Creation and their implications for workers' rights. Consequently, constructive solutions are anticipated to enhance legal protection for workers receiving wages below the minimum wage at the district/city level.

OMNIBUS LAW IMPACT ON WORKER WELFARE IS UNCERTAIN

The Omnibus Law, also known as the Omnibus Law , is a progressive step taken by the government in the legal sector. Its purpose is to eliminate overlaps and conflicts between laws and regulations in similar sectors by reorganizing them. The legal protection of workers' normative rights in the Omnibus Law will also be analyzed. This thesis aims to examine the regulation of normative rights of workers in the Omnibus Law and compare its strengths and weaknesses to Law Number 13 of 2003. The research method used is normative juridical legal research, which involves referring to legal norms and researching library materials or secondary materials. This includes processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the Omnibus Law regulates normative labor rights to protect workers, as stated in Article 80. This article aims to strengthen worker protection, increase their role, and improve their welfare in supporting the investment ecosystem. The Omnibus Law is weaker than Law Number 13 of 2003 in terms of regulating the normative rights of workers. It is considered detrimental to workers and lacks legal protection for their normative rights. The only provides limited protection for workers' rights through Article 81, which is related to employment. Legal protection should guarantee workers' rights, as outlined in Law Number 11 of 2020 concerning Job Creation

Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit

Bankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages.

Peran Dinas Tenaga Kerja dan Transmigrasi Provinsi Jawa Timur dalam Perlindungan Hukum Atas Upah Pekerja

The government as an institution is responsible for providing the right to workers' wages and ensuring that the application of applicable regulations can be implemented properly. In this regard, Disnakertrans through the supervision sector, conducts monitoring related to the application of labor regulations. The East Java Provincial Manpower and Transmigration Office, through the field of supervision, aims to provide protection and fulfillment of workers' wages in accordance with the City / Regency Minimum Wage (UMK). The legal basis is Law No.13 of 2003 on Manpower, as a guideline for the Manpower Office to carry out its duties optimally. The purpose of this research is to find out how the role of the East Java Provincial Manpower and Transmigration Office in the legal protection of workers' wages as well as efforts that must be made in fulfilling legal protection of workers' wages, in labor protection in the East Java Province area. The type of research used is normative juridical with a qualitative approach method. This research uses primary and secondary data sources, where primary data is obtained from source information, namely labor inspector employees of the East Java Provincial Manpower and Transmigration Office. Data collection techniques were obtained through interviews, observations, and document studies to obtain research results. The results showed that the East Java Provincial Manpower and Transmigration Office has carried out its role optimally in providing legal protection for workers' wages

Kedudukan Pemegang Polis dan Pekerja Dalam Hal Terjadinya Kepailitan Pada Perusahaan Asuransi

The aims of this study are 1) to find out and analyze the legal position of policy holders and workers according to laws and regulations in Indonesia, 2) to find out and analyze the regulations regarding protection for policy holders and workers who have provided legal protection or vice versa. This research uses normative juridical research methods with statutory and conceptual approaches. Based on the research results obtained, it can be seen that the position of policy and workers holders in insurance companies that are declared bankrupt through decisions determined by the commercial court is as preferred creditors. In this case, there is a conflict regarding the fulfillment of the rights of policy holders and workers, so to resolve the problem of conflict, legal principles are needed. In this case, the principle of lex posterior derogat legi priori is used, namely that new laws and regulations override old laws and regulations. The Insurance Law is a longer statutory regulation than the Job Creation Replacement Law, so the position of workers in insurance companies that are declared bankrupt has a higher position than the position of policy holders. In terms of the order of fulfillment of rights between the policy holder and the worker, the worker must be paid first. The forms of legal protection for policy holders are regulated in the Civil Code, POJK Insurance and Marketing of Insurance Products, OJK Law, Consumer Protection Law, Bankruptcy and PKPU Law, and Insurance Law. Legal protection for workers is regulated in the Civil Code, Bankruptcy and PKPU Law, PP on Wages, Job Creation Replacement Law, and Constitutional Court Decision Number 67/PUU-XI/2013.

Legal Protection of Workers' Rights by the Job Creation Law

Legal Protection of Workers' Rights by the Job Creation Law

Authority of the Labor Inspector in Protecting Worker's Rights

Protection of labor rights is formulated in Law Number 13 of 2003 concerning Manpower. In order to supervise the enactment of labor rights that are formulated in the law, supervision of labor issues is needed. Formulation of the problems are based on questions such as: How is the legal protection of workers’ rights? 2. What are the legal sanctions for violations of workers’ rights? 3. What is the authority of the labor inspectorate in supervising workers’ rights? The methodologies used are normative juridical and sociological juridical. The theory used is the rule of law theory, the theory of supervision, and the theory of authority. The results of research on the legal protection of workers’ rights are regulated in Article 77, Article 78, Article 88, and Article 90 of Law Number 13 of 2003 concerning manpower. Violations of workers’ rights are subject to legal sanctions as formulated in Articles 185 and Article 187 of the Law - Law Number 13 of 2003 concerning manpower. The authority of labor inspectors is to guide and coerce violations of the law and to process criminal acts for said violations. In conclusion, labor inspectors are asked to be firm in supervising violations committed by employers.
 Keywords: abor inspector authority, protection of labor, protecting worker’s right

劳动者个人信息法律保护研究

劳动者个人信息法律保护研究

LEGAL PROTECTION OF MARRIAGES BETWEEN EMPLOYEES OF ONE COMPANY BASED ON CONSTITUTIONAL COURT RULING NO. 13/PUUXV/2017 AND LAW NUMBER 13 OF 2003

In managing its employees, every company has several policies, such as regulating employees who cannot marry within the same company for reasons of reducing conflict, subjectivity, corruption and nepotism. This writing aims to find out and analyze the legal protection of marriage between workers in a company which is analyzed using legal studies. The research method used is normative legal research with a statutory approach and uses a library method that is analyzed juridically. The results of the research are a form of legal protection for husband and wife who work in the same company and legal protection for workers or laborers, namely protection of the right to terminate employment relations, workers/laborers have the right to receive compensation from the employer in the event of layoffs, compensation consisting of severance pay, money long service awards and compensation money for workers' rights.

Legal Protection of Workers in Unorganized Sectors

ABSTRACT: Each sector has a significant role in the development of a society. That may be an organized sector or unorganized sector. With respect to the organized sectors there are fixed working hours, wages and there will be a security of employment. But in the unorganized sectors the jobs of the workers may not be regular and also not secure. Thus, the rules and regulations of the workers will vary between organized and unorganized sectors. There are more privileges for the workers of organized sectors than the unorganized sectors. Whereas, in most of the countries above 75% of the total work force depend on the unorganized sector. Moreover, the existence of a vast majority of unorganized labor employment cannot be neglected in society. So, there should be benefits and protection of workers in unorganized sectors. Hence, there are legislations and provisions in the constitution which focus on the welfare of the workers in the unorganized sectors. Nevertheless most of the people may not be aware of the protections given to those workers under the constitution and the legislation. An attempt is made in this article to focus on those legal protections guaranteed for the benefit and welfare of the workers in unorganized sectors.

Legal Protection of Workers in Time Work Agreements in Indonesia

Currently, there have been violations in the implementation of the Specific Time Work Agreement (PKWT) system. The Fixed Term Work Agreement (PKWT) that was implemented was not in accordance with or did not even refer to the PKWT rules regulated in Law Number 13 of 2003 concerning Employment. There are still many companies that implement PKWT that do not comply with the provisions stipulated in work agreements and the Employment Law, so they require legal certainty and provide protection for all parties. The discussion in this research is: 1. How certain time work agreements are regulated in Indonesia. 2. What is the legal protection for contract workers in fixed-term work agreements in Indonesia.

LEGAL PROTECTION OF OUTSOURCING WORKERS FROM TERMINATION OF EMPLOYMENT UNDER LAW NUMBER 6 OF 2023

In the increasingly fierce business competition, the outsourcing system is felt to be more effective for the company. On the other hand, the outsourcing system opens opportunities for employers to carry out Termination of Employment (PHK) actions easily. In the outsourcing system, there are weaknesses, there is no guarantee of continuity of work for workers. Law Number 6 of 2023 of Job Creation has regulated legal protection for outsourcing workers against arbitrary actions by employers in carrying out layoffs, through the principle of Transfer of Undertakings Protection of Employment (TUPE). But in practice, the TUPE principle is still not running effectively. The purpose of this research is to find out and understand the principles of the employment relationship between outsourced workers and employers so that unfair layoffs do not occur and legal protection for outsourced workers from employers' arbitrariness in implementing layoffs. This study uses a normative juridical approach. It is necessary to develop regulations regarding outsourcing in which legal protection for workers is further enhanced, determine sanctions and law enforcement for those who commit violations, and carry out more intensive supervision of the implementation of outsourcing. Keywords: Legal protection, outsourcing, continuity of work

Legal Protection of the Rights of Outsourced Workers in Termination of Employment Relations

Legal protection for workers is very important Ensuring employee welfare, especially legal protection for outsourced employees. This happens because outsourcing practices still have no legal protection for outsourced workers. Arrangements regarding outsourcing are contained in Law no. 6 of 2023 regarding the replacement for the Job Creation Law which becomes the legal umbrella for companies and workers in terms of rights and obligations. However, in reality many things are detrimental, especially regarding the rights of workers. The rights of workers such as wages that are below the minimum, BPJS are not given. The purpose of this research was to find out the legal protection for the rights of outsourced workers in termination of employment. This study used an empirical approach. Data collection techniques included interviews with respondents and direct observation to the research location of the Gorontalo City Manpower Office, where primary data was collected, then the data analyzed descriptively. Based on the results of the research that, legal protection and rights for agency workers who work were not in accordance with the applicable rules according to Law Number 6 of 2023 concerning Job Creation

Legal Protection of Occupational Health and Safety (K3) Daily Labor from Rice Milling Factory in Indramayu

The relationship between workers and employers involves personal rights and obligations in social life. To ensure the safety of casual daily workers during their work and to achieve optimal work productivity, rice mill entrepreneurs are obligated to comply with the laws and regulations and take measures to prevent work accidents. The purpose of this research is twofold: 1. To identify the legal protection for the occupational safety and health of casual daily workers in rice mills. 2. To determine the legal responsibilities of rice mill entrepreneurs in implementing occupational safety and health measures. The research method used in this study is a juridical-normative research method with a descriptive approach. Legal protection for Occupational Health and Safety is governed by various legislation, including Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, which provides legal protection for workers’ rights, wages, and welfare. Additionally, there are Government Regulations, Ministerial Regulations, Ministerial Decrees, and Instructions related to Occupational Safety and Health (K3), as well as Circulars and Decrees issued by the Director General of Industrial Relations and Labor Inspection.
 Keywords: legal protection, occupational health and safety, workers

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.

Legal protection of employee wage rights in bankrupt companies: evidence from China

This study aims to identify the factors contributing to the legal protection of workers' wage rights in bankrupt companies in China, focusing on aspects that have not been grounded in social justice. This research is also to formulate and form a legal protection model for workers' wage rights in bankrupt companies based on social justice in Indonesia and China. This research is empirical. The research data is in the form of primary and secondary data (primary and secondary legal materials). The study results show that the factors that cause legal protection of workers' wage rights in bankrupt companies are not based on social justice and are the legal substance factor, namely the legal norms governing workers' wage rights and other rights. When a company goes bankrupt, there is non-uniformity in the priority hierarchy of creditors in the Bankruptcy Law, General Provisions on Tax Implementation Procedures, and Labor Laws. Another factor is the legal and structural factor, which only involves the trustee and supervisory judges in the settlement of bankrupt assets. The last factor is the legal culture, where participation in the payment of bankruptcy assets is minimal and the current economic system tends to be capitalist. Indonesia must take the Chinese government as an example; China places a premium on modifying labour standards to safeguard the rights and interests of workers in all circumstances and promote economic and social development.