Outsourced Workers Research Articles

Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.

The Ideological Perversion of Technological Progress: A Philosophical Reflection on Informal Employment

This paper examines the ideological distortion brought about by technological progress, focusing on its impact on informal employment through the lens of Slavoj Žižek’s theory of perversion. As digital platforms like Upwork and Fiverr grow, providing flexible jobs for millions of freelancers, the number of informal workers has increased worldwide. While such platforms claim to provide flexibility and autonomy, informal workers confront significant challenges, including low wages, lack of social security, and job instability. This study explores how technological progress, under the guise of legitimacy and rationality, reshapes society's perception of remote outsourced work, using Žižek’s framework to uncover the hidden mechanisms of exploitation and control. Moreover, the analysis reveals that, although platforms promote innovation and efficiency, they strengthen workers’dependency through algorithmic surveillance, exacerbating exploitation. Furthermore, the paper calls for a critical reassessment of the societal and economic impacts of technological advancements on informal workers and advocates for improved working conditions and stronger social protections.

Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty

This research analyzes the formulation of boilerplate clauses in outsourcing agreements, focusing on how these clauses ensure legal balance and certainty for all parties involved. It reviews critical components such as Choice of Law, Language Clauses, and Severability Clauses, identifying their roles in achieving fair and enforceable agreements. Utilizing a normative legal research method, this study examines Indonesia's Employment Law No. 13 of 2003 and Government Regulation No. 35 of 2021, which outline the guidelines for outsourcing, including the legal requirements for contracts with outsourced workers. Findings suggest that incorporating boilerplate clauses within outsourcing agreements strengthens legal certainty and balance between the outsourcing agency, employer, and outsourced workers, addressing potential issues of norm ambiguity and ensuring adherence to national labor standards. The research emphasizes the importance of these clauses in upholding the principle of legal balance and protecting the rights of outsourced employees.

Cultivating Organizational Commitment among Outsourced Workers: A Resource-Based View Perspective

This study aims to identify and analyze the construction of organizational commitment among outsourced workers through the perspective of Resource-Based View (RBV) theory. Organizational commitment is employees’ orientation towards the company, linking one's identity with the organization. It is crucial due to its strong relationship with employee performance and turnover. This research employs a qualitative descriptive method with a case study approach, focusing on outsourced employees at PT. Mitra Karya Prima. Data were collected through semi-structured interviews and processed using qualitative data analysis techniques. The findings indicate that work environment, individual characteristics, and perceived organizational support (POS) are critical to forming individual commitment. These empirical findings are expected to contribute to developing a model for organizational commitment among outsourced employees and provide managerial insights for formulating policies to enhance field workers’ commitment to the company.

The Impact of Job Insecurity and Job Stress on Turnover Intention by Digital Transformation as a Moderating Variable at PT. ABC Airport, Yogyakarta Branch Office

This study does get the objective to explore the impact of job insecurity and job stress on turnover intention, by digital transformation serving as a moderating variable at PT. ABC Airport Yogyakarta Branch Office. A quantitative descriptive study design was employed, targeting 69 outsourced workers from the Yogyakarta branch. The sampling method utilized was a saturated sampling technique. Information collection was figured out by means of a survey, utilizing a questionnaire as the study instrument. information analysis was had utilizing the Structural Equation Model (SEM) approach by Partial Least Square (PLS). The findings reveal that job insecurity goodly and noteworthily impacts turnover intention. Similarly, job stress also indicates a good and noteworthy impact on turnover intention. Additionally, digital transformation noteworthily moderates the unfavorable connection among job insecurity and turnover intention, as well as the good connection among job stress and turnover intention.

Legal Protection for Outsourced Workers/Laborers Who Experience Job Replacement Due to Not Meeting Qualifications (Case Study at PT Smelting Gresik)

Outsourcing is the handing over of work for a company to another party with the aim of reducing the company's burden. This business usually can make benefit for all parties, both the employer company, the outsourcing company and the outsourced workers. The practice of outsourcing, there are still things that are detrimental to the outsourced workforce, especially in terms of one-sided performance evaluation resulting in employee turnover (job replacement) that causing layoffs. The aim of this research is to describe forms of legal protection and legal remedies for outsourced workers who experience job replacement. The research methodology in this research is using the normative juridical method through the statute approach, accompanied by interviews with the employers and the workers to find out more details regarding the outsourcing agreement that occurred, then conducting a legal analysis with a deductive approach. The results of this research are a form of legal protection for outsourced workers who experience employee change or job replacement because they do not meet the qualifications at PT Smelting Gresik, through analysis of applicable autonomous and heterogeneous laws, especially in maintaining work status and obtaining compensation money. The legal remedy that can be taken if they do not get their rights is the industrial relations dispute resolution mechanism.

Critical Evaluation of the Effect of Outsourcing on Nigeria's Workforce Development: A Content Analysis

This study critically examines the effect of outsourcing on workforce development in Nigeria using a content analysis approach. The research is framed within systems theory, which views Nigeria's workforce development as a complex system influenced by various interconnected components, including outsourcing, economic conditions, education and training, government policies, labor market dynamics, and organizational strategies. The empirical review explores the effects of outsourcing on organizational performance, employee commitment, and competitive advantage in Nigeria. Key findings indicate that outsourcing can lead to cost savings, improved efficiency, and access to specialized expertise, contributing positively to organizational performance. However, significant negative impacts are also identified, including underpayment, job insecurity, violation of workers' rights, diminished employee commitment, and adverse effects on the local economy. Despite the potential benefits of outsourcing, such as cost reduction and technological advancements, the study underscores the need to balance these benefits against the negative impacts on workers. Recommendations include enforcing labor laws to ensure fair compensation, providing equal treatment for core and contract staff, empowering outsourced workers through unionization, enhancing anti-discrimination protections, fostering emotional attachment and commitment among workers, and promoting local job creation to mitigate the adverse effects of outsourcing on the local economy.

Wage Regulation of Outsourced Workers After the Omnibus Law of the Labor Cluster Based on Wage Theory

This research investigates the effects of the enactment of the Job Creation Law (Law Number 11 of 2020) in Indonesia on labor regulations, specifically focusing on wage regulation for outsourced workers and its implications for human rights. Employing a normative juridical approach, the study examines legal materials such as laws, regulations, court decisions, and expert opinions. Through qualitative analysis techniques, the pre- and post-Job Creation Law regulations concerning outsourced workers' wages are explored. The findings uncover significant changes in wage provisions, including the elimination of sectoral minimum wage regulations and the reduction in types of wages for outsourced workers. Moreover, the research reveals discrepancies between the Job Creation Law and international conventions' indicators of freedom, availability, accessibility, and suitability. Concerns are raised regarding the adequacy of workers' rights protection, accessibility to fair wages, and the inclusivity of vulnerable groups within the legal framework. This study contributes to understanding the Job Creation Law's implications for labor and human rights in Indonesia, highlighting areas where the law may fail to ensure equitable treatment and fair compensation for outsourced workers. Policy recommendations aimed at upholding human rights standards in labor regulations are proposed based on the study's findings.

The Indonesian Outsourcing Workers' Rights in the Tourism Business Sector

The problem of outsourcing workers extends to the tourism industry. The unique challenge of 'seasonality' makes it more difficult to protect the outsourcing workers' legal rights in the said sector. The research examines the outsourcing regulation in Indonesia by referring to the Job Creation Law, by questioning whether the existing regulations provide prominent legal protection for outsourcing workers, especially in tourism sectors, and how the future law allows for improved protection. The research method used is normative legal research with statutory and legal conceptual approaches. The results of the study show that the amendment of the Manpower Law incorporated into the Job Creation Law and its implementing legal instruments significantly changed outsourcing regulation. As the Job Creation Law has abolished Article 64 of the Manpower Law, the scheme established by the Constitutional Court to prevent companies from exploiting workers in their decisions has become vague in the Job Creation Law. Following global practices, the country can implement a flexible workers policy while simultaneously protecting their rights which Indonesia must adopt.

Perspektif Sistem Alih Daya dalam Lingkup Tenaga Kerja dan Perusahaan di Kota Surabaya

Indonesia in economic proportions can be categorized as an industrial country. The change in regime in Indonesia from the new order to the reform order gave birth to various policy changes including in the field of employment, including through the implementation of Law no. 13 of 2003 concerning Employment, which regulates the Outsourcing System. In the world of employment in Indonesia, outsourcing policy is one of the steps taken by the government in recruiting workers in both the public and private sectors in Indonesia. In implementing this system there are differences, namely the implementation in the field and what is stated in the contents of the law. The problem that arises is the gap in the pros and cons of employees working in companies with an outsourcing system. Through a comprehensive literature review and case study analysis, this research aims to answer the impact of outsourcing work systems by examining the motivations, benefits and challenges associated with outsourcing in the context of contemporary business operations. This research took place in the West Surabaya City area. Where the factory industrial center has a role in improving the economy of the working community, especially the surrounding community. The location was chosen deliberately as a condition and aim of the research. This research uses a qualitative approach with a phenomenological paradigm. The final conclusion is that workers' lack of knowledge about the outsourcing system is the reason why there are still workers who are reluctant to join this outsourcing system.

The Outsourcing Wage Gap: Exploring the Interplay of Gender and Tasks Along the Job Distribution

This paper examines the wage penalty of outsourced workers in France, providing novel insights to the existing literature. First, it investigates the extent to which the wage penalty differs between outsourced male and female workers. Our results reveal that outsourced workers experience pronounced wage penalty, with this effect being stronger for women. Second, in contrast to most studies, we analyse outsourcing across the entire job distribution. We find that the wage penalty is significantly higher for outsourced workers employed in jobs at the lower end of the wage distribution compared to those employed at the top. Third, we assess whether the wage penalty experienced by outsourced workers can be attributed to the tasks they perform, such as repetitiveness, forms of control, and managerial duties. The results show that the tasks performed, while can alter the wage penalty, do not significantly reshape the main results. Thus, differences in tasks do not appear to be a determining factor in the wage penalty of outsourced workers. Longitudinal analysis strengthens the validity of the cross-sectional findings, highlighting that the wage penalty associated with outsourcing does not result from shifts in individual employee characteristics but rather from disparities in their job status and other time-invariant attributes. In summary, being an outsourced worker implies a degradation in wage treatment, which is exacerbated by gender. Given the increasing importance of this employment practice, it underscores the urgent need for policy interventions to address these critical issues.

Out with the old, in with the new? Institutional experimentation and decent work in the UK

Drawing on an extended critical case study of the Greater Manchester (GM) city region in the UK, this article contributes to debates around the changing role of social actors within local labour markets, and how they contribute to processes of regulatory experimentation and innovation. While recent literature has drawn attention to new actors and novel strategies in responding to labour market disruptions, in this article the authors argue that there is still room for embedded actors and established practices in defending, and advancing, decent minimum standards. This may be through political lobbying, workplace organising, industrial action, extending collectively agreed standards to outsourced workers, or through hybrid forms of trade union–community campaigning. Against a wider background of labour market de-regulation, the authors’ case study points to the layering up of increasingly fluid and context-specific repertoires of conflict and cooperation that shape labour market ‘norms’ and legitimise particular progressive causes within local rather than national capitalisms.

Working apart: Domestic outsourcing in Europe

Lower-skilled workers face increasing pressures. Their bargaining position is declining under the twin pressures of globalisation and technological change; and they risk losing access to better positions as firms’ pay and conditions arrangements increasingly drift apart. Rising between-firm differences partly come about through increasing separation of lower-skilled workers into lower-paying firms with worse conditions, thereby reducing their opportunities further. Such polarisation is partly driven by (domestic) outsourcing where main firms take certain tasks that are seen as non-core out of their payroll, instead purchasing those same tasks from another official employer or temporary employment agency while retaining control. Outsourcing generally brings worse conditions and lower pay. This paper uses cross-national European data from the Labour Force Survey (LFS) along with contextual data to study how outsourcing – proxied by moves to business services providers or temporary employment agencies – contributes to a worse labour market position of lower-educated workers over time. I find that (1) domestic outsourcing is increasing over time across Europe; (2) outsourced workers are working under generally worse conditions than their counterparts; and (3) this process is not universal: it hits harder in sectors with greater technological innovation and can be alleviated by union density and worker representation.

The Effect Of Fire Prevention On Restricted Area Protection Efforts At DPPU Iswahjudi Magetan

One of the fire risk factors at the Iswahjudi Aviation Fuel Depot Intoplane Services is negligence in the process of receiving, stockpiling and distribution (RSD). This is in accordance with the results of field observations that show negligence. The purpose of this study is to determine the Effect of Fire Prevention on Restricted Area Protection Efforts at the Iswahjudi Magetan Aviation Fuel Depot Intoplane Services (DPPU). This study using quantitative research with a crossectional approach, with a population of all workers and outsourced workers, totaling 27 workers. The sampling technique uses the total sampling technique. In this research, the researchers use primary data in the form of fire prevention questionnaires, and restricted area protection, with analysis using the chi square test. The results showed fire prevention with a p-value of 0,008 ≤ 0,05 so that there was an influence between fire prevention and restricted area protection efforts in DPPU Iswahjudi Magetan. Fire prevention at DPPU Iswahjudi Magetan is in the good category, while area protection efforts are restricted in the excellence category. The suggestion from the researchers to realize effective and suistainable restricted area protection efforts such as in security aspects with patrol programs and team coordination.

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

Cognitive Factors Affecting the Manufacturing Optimization Skills of Rural Indian BPO Workers

Crowdsourcing offers on-demand access to large numbers of human workers to implement new forms of human–computer collaborative functionalities that can be seamlessly integrated into advanced software and algorithms. However, crowdsourcing tasks are primarily undertaken by urban rather than rural workers. To enable the development of skilled rural employment, this research aims to assess rural crowdsourcing workers’ spatial reasoning and creative abilities and their abilities to solve irregular strip packing problems associated with the manufacture of sheet materials. The study conducted experiments and data collection with 140 rural Business Processing Outsourcing (BPO) workers located in six states of India. The statistical analyses of the data collected from seven rural BPO firms (140 rural workers) reveal that rural workers can achieve a 2D packing efficiency that is up to 8% higher than that of commercial algorithm outcomes. The results suggest that rural crowdsourcing can lead to effective job creation, skill development, and, for a modest cost, it can support industries that employ CAD/CAM systems to generate geometric data for common manufacturing processes.

Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency?

This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met.

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

Dilemmas of outsourcing: a case study of a health science and technology institute

The present study analyzes the impact of outsourcing in a federal drug industry in particular in the scope of human resource (HR) management. Quantitative and qualitative techniques were applied to describe the phenomenon, its effects and its peculiarities in the productive ambience of their daily lives. The quantitative research was carried out focusing on historical data and percentages related to the performance of the outsourced workforce in the public sphere, considering a time frame from 2002 to 2022. of the laboratory's HR areas. The results showed that the public laboratory has a high number of outsourced workers, with their management guaranteed in different standards for their employment relationships, generating normative and people management incompatibilities. Despite this, the doctrinal processes of people management are corroborated in their actions, demonstrating the practical difficulty in many of their concepts in the public context.

Problematika Buruh Outsourcing Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020

Introduction: Changes to the provisions regarding outsourcing in the Job Creation Law have substantively eliminated legal protection for outsourced workers and workers in general and perpetuated the contract system by expanding the scope of work of outsourced workers.Purposes of the Research: This writing aims to find out the problems experienced by outsourcing workers after the decision of the consitutional court number 91/PUU-XVIII/2020.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Based on the results of the study, it was found that after decision of the constitutional court number 91/PUU-XVIII/2020 brought several problems for workers, especially outsourcing workers as contained in law number 11 of 2020 concerning job creation and also had not accommodated the perpective of Indonesian legal products regarding that fulfillment of labor rights in law number 11 of 2020 concerning job creation, including : (1) continuing to perpetuate the outsourcing system which was massively rejected when it was encated in law number 13 of 2003 concerning manpower, (2) the loss of restrictions on the types of work that can be outsourced in order to benefit the company to reduce production costs in terms of wages because the outsourcing system in determining wages has three components that are distibuted, namely outsourcing companis, outsourcing workers, and service user companies, (3) threatened with unilateral layoffs because in the changes to the provisions for layoffs in law No or 11 of 2020 concerning job creation states that layoffs are sufficient to be carried out throught notification from.