Legal Protection For Workers Research Articles

Guarantee of Indonesian Government's Legal Protection of Workers' Rights and Obligations Implementation

Guarantee of Indonesian Government's Legal Protection of Workers' Rights and Obligations Implementation

Legal Protection Against Employment Laws Related to the Granting of Leave in Accordance with Applicable Regulations

The purpose of this writing is to find out how the legal protection of employment law relates to the granting of leave in accordance with applicable regulations. This type of written research method is qualitative in nature with the type of document. Qualitative research is a type of research whose results are not based on statistics or other calculations. Work is one of the efforts of humans as social beings to fulfill their basic needs. Legal protection for workers is needed considering that the government often ignores equality and fairness in the workplace. Legal protection for maternity leave for pregnant employees from several companies which is regulated in the employment contract, ie. the right to maternity leave and payment for maternity leave. In addition, based on the research results it is also known that in several companies the company's responsibility for maternity leave rights includes granting maternity rights. With the right to maternity leave, pregnant workers do not have to work shifts and pay during maternity leave. From an Islamic point of view, the aqad or contract that a company makes with its employees fulfills the principle of the contract. Because according to the clause that has been agreed before. However, there are still several rights that have not been fulfilled under Article 83 of the Labor Law No. 13 of 2003, namely granting the right to breastfeed a child if it has to be done during working hours.

Principles Company Responsibility in the Event of a Work Accident That Causes Physical Disabilities

This study aims to find out about employment problems at CV Sidu Utama. CV Sidu Utama is a printing company located in the city of Klaten. In this study the authors will help to uphold workers' rights, such as the right to legal protection and rights in the event of a work accident. The author of this article decided to find out how the company's responsibility in the event of a work accident that results in physical disability according to labor law occurs. And aims to find out the legal protection of workers while working in the company. This study uses the empirical law method, where interviews and observations are important sources of data to describe facts and data in the field. Empirical research is research that takes place or interacts in the life of the community around the research location. This is an empirical legal study or legal study that uncovers empirical facts derived from human behavior, both verbally and in real activities. In this research, legal sociology methodology is adopted. This is an approach to investigating law in a social environment. Its aim is to explain, relate, investigate and critique how law works in society. The government has issued Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower. Keywords: Legal Protection, Work Accident, Labor Law

Legal Protection for Workers who are at risk of being laid off due to exposure to Covid-19

This study aims to find answer to the problem of workers who are laid off because of illness for less than 12 mounth, Article 81 No 40 of the job Creation Law “Termination of employment carried out for reasons as reffered to in paragraph (1) is null and void by law and the employer obliged to re-employ the worker concerned”. If the company continues to lay off workers, the workers can make demands which in the lawsuit contain alternative demands, namely: demanding that they be re-employed or demanding workers’ rights in accordance with Law No.13 of 2003. This research uses qualitative research methods that study the legislation and the principles contained in the legislation. The conclusion of the study is that laypffs carried out on the grounds that workers are exposed to Covid-19 are considered ineligible in the provisions of the law, because sick workers should receive protection from the company when carrying out obligations to the company and thecompany should fulfil responsibilities by providing protection and rights to workers tied to the company.

Legal Protection for Workers who Have Harmed Employers

The purpose of this research is to find out how legal protection for workers has harmed employers so that workers have been laid off. The type of research used in this study is normative research using the nature of the law approach as well as the theoretical point of view from scientific books and journals that function to provide solutions to existing legal problems. The results show that even though Article 164 paragraph (3) of Law Number 13 of 2003 must provide severance pay, award money, and services during the employee's working period and provide compensation. When workers are proven to be unproductive at work or have problems with the detriment of the employer, the employer can take action to terminate the employment relationship with the worker. From there, the Law does not prohibit companies from taking efficiency measures, but these efficiency actions are no longer valid if there are procedures or reasons that are not in accordance with the applicable regulatory requirements. With the existence of Law No. 13 of 2003 concerning Manpower, I hope that it can implement various national instruments that have been ratified, for example labor rights. This ambiguity makes the Indonesian people have to have strong policies and regulations on labor rights regulations, so that they can restore the wheels of Indonesia's slumping economy. Keywords: Labor; Legal Protection; Termination of Employment. Abstrak Tujuan penelitian yakni untuk mengetahui bagaimana perlindungan hukum bagi para pekerja yang telah merugikan pengusaha sehingga sampai para pekerja di PHK. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian normatif dengan memakai sifat pendekatan Undang-Undang serta sudut pandang teoritis dari buku dan jurnal ilmiah yang berfungsi untuk memberikan solusi terhadap permasalahan hukum yang ada. Hasil penelitian menunjukan bahwa Saat pekerja terbukti tidak produktif dalam bekerja atau memiliki masalah sampai merugikan pengusaha disitu pengusaha bisa mengambil tindakan untuk memutuskan hubungan kerja dengan pekerja. Dari situ Undang-Undang tidak melarang perusahaan untuk melakukan tindakan efisiensi namun tindakan efiensi tersebut menjadi tidak berlaku lagi jika ada prosedur atau alasan yang tidak sesuai dengan syarat peraturan yang berlaku. Adanya Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan saya harap bisa melaksanakan berbagai instrument nasional yang telah diratifikasi contohnya hak hak tenaga kerja. Ketidakjelasan tersebut membuat bangsa Indonesia harus memiliki kebijakan dan peraturan yang kuat atas peraturan hak para tenaga kerja, sehingga bisa mengembalikan roda perekonomian Indonesia yang terpuruk ini. Kata Kunci: Tenaga Kerja; Perlindungan Hukum; Pemutusan Hubungan Kerja.

Menyoal Pengaturan Fleksibilitas Hubungan Kerja di Indonesia: Perspektif Undang-Undang Cipta Kerja

This study aimed to analyze the arrangement of flexible labor relations before and after the passing of the copyright work law, the influence of the arrangement of flexible labor relations on the legal protection of workers’ rights, as well as the ideal arrangement of labor relations in the future in protecting workers’ rights. This study used normative juridical, historical, statutory, and conceptual methods. Data collection techniques were obtained from primary, secondary, and tertiary legal materials. The data obtained were analyzed using descriptive analytical techniques. The results of the study showed that the arrangements in the labor law after the enactment of the work copyright law had undergone many changes, namely the validity period of work agreements for a particular time which was extended in Government Regulation Number 35 of 2021, and the expansion of the scope of outsourcing. The regulation of the flexibility of labor relations affected the guarantee of workers’ rights to obtain job security and welfare as mandated in the constitution. Strengthening the government’s position in industrial relations and repositioning the position of workers juridically and sociologically was needed to regulate flexible labor relations to guarantee workers’ rights in the future.

The Capability Approach: A Suitable Theoretical Framework to Improve Legal Protection of Domestic Workers in China

Applying the capability approach to analyse the deficiencies in the legal protection for workers in China is in a preliminary stage. Existing research largely uses the fact of whether workers can obtain labour protection as a standard to distinguish whether a worker has adequate legal protection. Although having legal rights is a prerequisite for workers to obtain adequate legal protection, focusing solely on the entitlement of legal rights ignores the enjoyment of legal rights and the diversity of personal preferences. In particular, even if they are given labour protection, domestic workers may be unable to enjoy these legal rights due to the special characteristic of domestic work. The capability approach emphasises not only the entitlement of legal rights but also, more importantly, the enjoyment of those rights. The analysis of legal protection for domestic workers, underpinned by the capability approach, thus reveals not only the inadequate legal rights for domestic workers but also factors that hinder their enjoyment of legal rights. Similarly, developing legal protection for domestic workers based on their capability not only ensures adequate legal rights for them but also contributes to the development of enforceable legal rights. This article argues that the capability approach is a suitable theoretical framework to analyse the inadequate legal protection of workers, particularly that of domestic workers in China. In addition, it analyses the connection between defective legislation and inadequate capabilities of domestic workers regarding obtaining adequate income and rest.

Labor Law Does Not Exist in a Vacuum in the Era of Industrial Revolution 4.0

This study aims to present an overview of the implications of automation and digitalization, on the employment sector and its relation to labor law in the era of the industrial revolution 4.0. This research method uses normative juridical, legal research methods on secondary data using literature studies. The results of the study show that the industrial revolution 4.0 gave rise to the contemporary issues on employment, legal protection for workers, and the role of labor law. However, labor law is not in a vacuum in the era of the industrial revolution 4.0. This scientific contribution concludes that labor law as an employment law is expected to be adaptive to the development of advanced technology which has implications for job transformation, job profiles, and changes in the form of work. Therefore, this study is of interest to the government and the legislature and other stakeholders in order to interpret and respond to the impact of the 4.0 industrial revolution, the influence of information and communication technology on government policies, laws, and regulations. This must be done through review, harmonization and strengthening of labor law in order to provide legal protection for workers/laborers and increase the role of national labor law based on the philosophy of Pancasila as the nation’s view of life and the 1945 Constitution as the constitution of the Unitary State of the Republic of Indonesia.

Legal Protection for Termination of Employment In the Era of Covid-19 Pandemic (Comparative Study of Islamic Law and Positive Law in Indonesia)

The purpose of this research is the legal protection for Termination of Employment in the era of the COVID-19 pandemic according to Islamic law and Indonesian positive law as well as the similarities and differences between the two. The research method used in this research is comparative descriptive, with a content analysis approach. This approach used an in-depth discussion of the contents of written information, systematically and objectively analyzed the facts, characteristics, and the relationship between existing elements or certain phenomena and can then be compared to theory. According to Islamic law, legal protection for workers against layoffs is part of the purpose of Islamic law. Namely to maintain life and property to achieve happiness in the world through a good and honorable life (hayyah thayyibah). Therefore, it must be carried out with principles such as human freedom, human dignity, justice, and anti-discrimination, as well as fair wages. In contrast, according to positive law, workers' legal protection for termination of employment can occur because the company is closed due to force majeure, and the entrepreneur is obliged to pay severance pay, long service pay and compensation rights pay that must be received by the worker. The difference is that Islamic law is not regulated in detail regarding the provision of severance pay, long service pay, and compensation rights pay that should be received as in positive law. However, in Islamic law, it is carried out following the agreement (akad) that has been made and agreed to. Therefore, there is no dispute due to injustice committed by one of the parties.Keywords: Legal Protection, Layoffs, Covid-19 Pandemic, Islamic Law, Positive Law

PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL

This study discusses legal protection for victims of sexual violence. The formulation of this research is: what is the form of legal protection for workers who are victims of sexual harassment cases and what are the legal consequences for perpetrators of sexual harassment when viewed from the Labor Law and Criminal Law in Indonesia. The method used in this research is normative research. The result of this research is that the legal protection of workers from acts of sexual harassment is regulated in various existing regulations, including those that directly provide protection are Law no. 13 of 2003 concerning manpower, Law no. 2 of 2004 concerning Settlement of Industrial Relations Disputes and the Criminal Code, the procedure for resolving cases of sexual harassment in the workplace uses Law no. 13 of 2003 concerning Manpower, namely by deliberation, negotiation, if there is no agreement then the last step is to file a claim for layoffs.

PERLINDUNGAN HUKUM BAGI KARYAWAN ALFAMART SEBAGAI SAKSI PENCURIAN BARANG

The journal entitled "Legal Protection of Alfamart employees as witnesses" describes employment problems that arise as a result of technological advances in the modern era, one of which is caused by the digitalization of the circulation of video in problems. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who are threatened with acts of defamation. The research method used is the normative legal research method. This research method is normative by looking at the law from an internal perspective whose object of research is to use legal norms where there is still a vagueness of norms in legal protection due to the impact of this digitalization. 1945 Constitution article 27 paragraph 2, and in article 67 paragraph 1 and 2 contained in Law Number 13 of 2003 concerning Manpower. The definition of Employment Law is a written law that has been codified in the Civil Code and partly (possibly more than that has been codified). Manpower Law is essentially a set of rules governing before and until the end of the employment relationship between the worker and the company where the worker works. In other words, Employment Law has the scope of Legal Protection from the beginning before entering the World of Work until the end of the Employment Relationship itself. Legal protection has an important role for all society, the existence of legal protection is one of the spaces to get justice and carry out a process of action to achieve the truth of the facts. Legal protection is made with the aim of providing justice regarding someone's actions if something is unwanted and getting sanctions in accordance with the regulations that have been made

Features of social and legal protection of employees on labor platforms and directions of formation of regulatory policy of Ukraine under conditions of martial law

The article explores and reveals the problems and opportunities for creating an effective system of social and legal protection of workers in the platform segment of employment in Ukraine, grounding on the analysis and generalization of results of the expert survey, in the preparation and conduct of which the authors were directly involved. The conditions of the military conflict and the needs of postwar reconstruction of Ukraine are also taken into account. The main reasons hindering the legal and social protection of platform workers are identified. The key ones among them are the following: legal uncertainty of the status of subjects of labor platforms (both platform workers and labor platforms themselves); low opportunities for collective representation of the interests of employees on the platforms; reluctance of employees to officially register and declare their income. Also, a set of factors of a social, informational, communicative, organizational, managerial and technical nature was revealed. These factors arise in the process of interaction of the subjects of the platform economy and increase the social and legal insecurity of the platform employees. The obtained results were interpreted by the authors in the context of the martial law in Ukraine. It is stated that the basic prerequisite for the development of an effective system of social and legal protection of platform employees is the creation of a legally regulated system of interaction between subjects of the platform economy, which requires appropriate regulatory, organizational and management support, formalization and exit from the "shadow" of relationships on labor platforms, implementation of mechanisms of sustainable representation of interests of the subjects of the platform economy. The vision of the main characteristics of the effective system of ensuring the legal and social protection of platform workers and priority of key measures to ensure the effectiveness of their social protection process are substantiated. Basing on the generalization of the results of the research conducted, the authors have developed a scheme of conceptualization of the regulatory policy development process, which is focused on the possibility of ensuring the social and legal protection of platform workers. The authors' proposals are consistent with the main guidelines of the proposals for Directive on improving the working conditions in platform work for EU. The authors also defined and substantiated the priority areas of regulatory policy in the context of mitigating the impact of martial law on the labor market and of the prospects for further post-war restoration of Ukraine.

Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.

Ketiadaan Perlindungan Hukum Bagi Pekerja Yang Tidak Diikutkan Program Pensiun Dalam UU Cipta Kerja

One of the goals of Job Creation is to achieve economic equity through ease of doing business. However, the existence of the Job Creation Law has actually added new problems, especially regarding legal protection for workers who are not included in the pension program. This is due to the imposition of sanctions, both imprisonment and fines to corporations that do not provide severance pay. For workers who are not included in the pension program, it is abolished by the Copyright Law. Therefore, the State must be present to provide legal protection and guarantee the fulfillment of rights for workers/laborers through the establishment of laws and regulations that favor the lower classes of society.

Legal Protection Againts Workers/Labours Who Are Not Participants of Work Accident Guarantee Program

Work Accident Guarantee Program (JKK) is one form of welfare and legal protection for workers who experience work accidents. However, in fact, there are still many companies that do not register their workers in the Work Accident Guarantee Program (JKK) which was initiated by the Employment Guarantee Agency or commonly called BPJS Employment. Furthermore, the authors raise the formulation of the problem, namely: (1) What are legal sanctions against employers if they do not register their workers in the Work Accident Guarantee Program based on Chapter 4 of Government Regulation Number 44 of 2015. (2) How is the legal protection for workers/labourers who are not registered in the Work Accident Guarantee Program.
 The research is a type of legal research using normative legal research methods which is analyze through statute approach, conceptual approach, and historical approach.
 The result of this research shows that, Employers who do not register their workers in the Work Accident Guarantee Program (JKK) will receive administrative sanctions, either in the form of fines, written warnings, or not receiving certain public services. The rights of workers who experience work accidents both from the cost of transportation, care, and treatment, as well as wages for not being able to do work are the responsibility of the employer. In addition, since starting to work, the worker concerned can also register himself in the Work Accident Guarantee Program (JKK) and charge the employer with the collection of contributions.

LEGAL PROTECTION FOR EDUCATORS AS LECTURERS FOR OBTAINING LABOR RIGHTS

Legal protection for all workers/employees, especially for lecturers who work under foundations, is absolutely necessary, considering that there are still many cases involving universities and foundations. These problems still haunt lecturers, so there needs to be a joint effort to minimize existing problems. Even though there are already regulations governing the relationship between workers/laborers and employers, in practical terms they have not yet been fully implemented. This is related to several problems, one of which is the position of lecturers at the subordinate level more than the foundation. This phenomenon will not occur when educators take advantage of legal protection that has been regulated in legislation. This study will elaborate on legal protection for workers, especially for educators. The research method used is a normative juridical approach using a statutory approach. The result is legal protection for educators as stipulated in Law Number 21 of 2000 concerning Trade Unions, in particular regarding the purpose of the formation of trade unions. In addition, Law no. 13 of 2003 concerning Manpower has protected workers/employees, including educators, namely through trade unions/employees.

PERLINDUNGAN HUKUM PADA HUBUNGAN KERJA PENAHANAN IJAZAH SEBAGAI OBJEK JAMINAN ANTARA PERUSAHAAN DAN PEKERJA

This study focuses on legal protection in the employment relationship of diploma detention as an object of guarantee between the company and the worker. workers are potentials who are already bound by a working relationship with the entrepreneur by receiving wages or other forms of remuneration. A company is a person who has a place for an activity to produce services or goods in any form, it can also be referred to as an institution or organization that manages together for profit or profit. The purpose of this research is to protect workers whose diplomas are held by the company based on Law No. RI. 13 of 2003 concerning Manpower. To find out and analyze how the legal protection for workers whose diplomas are withheld by the company and To find out and analyze how the legal protection for workers is if the company continues to withhold diplomas after a dispute resolution decision is made. This research method is a type of normative law. This research itself has used the statutory approach method and then also used the conceptual approach method. The results of this study indicate that the protection or rules for workers whose diplomas are held by the company. provide a benefit to the community, as well as become input for the government or the authorities in their field

PERLINDUNGAN HUKUM BAGI PEKERJA KONTRAK APABILA DI PHK PADA MASA KONTRAK BERLANGSUNG

Legal protection relates to government power and economic power. With regard to the people, in Article 1 paragraph 3 of Law Number 13 of 2003 concerning employment, a worker or laborer is anyone who works by receiving wages in other forms. The work agreement is divided into two, namely the Specific Time Work Agreement and the Indefinite Work Agreement. Definition of Contract Workers are those who work based on a certain time work agreement (PKWT), namely a work agreement between the entrepreneur and the worker to hold a working relationship for a certain time or for a certain job. If in the employment agreement the entrepreneur terminates the employment relationship (PHK), namely the termination of the employment relationship due to a certain matter that results in the termination of the rights and obligations of the worker, it is very important to provide legal protection to the worker/laborer. The author here will discuss the problem of regulating the normative rights of workers / laborers who are laid off during the contract period according to Law no. 11 of 2021 concerning Job Creation and how is the legal protection for workers/ labourers who have been laid off during the contract period. The purpose of the author is of course to find out the normative rights arrangements of workers who have been laid off during the contract period and to find out what legal protections are obtained by these workers / laborers. This type of research has used the type of research from normative law. The result of the writing that the author discusses is that the party who ends the employment relationship is required to pay compensation to the other party in the amount of the worker's salary until the expiration of the work agreement period

Outsourcing Workers Legal Protection Under The Post Validation Of Job Creation Law

The enactment of job creation law considers as the government effort to develop the ecosystems of competitiveness and investment in Indonesia. Even though there are many rejections, the government are optimistic that this provision could provide significant improvement for various sectors such as the sector on manpower. The research aim is to understand the concept changes and outsourcing requirements based on the job creation Act. The method of this research using legal doctrine or normative juridical method by conducting references through secondary data studies. In Legal research, secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. The research result illustrates that the protection of workers/labor, their wages and welfare, the working conditions also if disputes arise will be carried out by virtue of the regulations and are the responsibility of outsourcing company. The obstacles may emerge such as the absence of obligations under the outsourcing contract. Therefore, the legal certainty is not existed to protect the workers, since the legal protection for workers are according to the agreement.

Legal Protection for Workers on Pension Plan Policy

Legal Protection for Workers on Pension Plan Policy