Asri, Wijayanti
PERLINDUNGAN STATUS PEKERJA DALAM PERJANJIAN KERJA
WAKTU TERTENTU YANG TELAH DI RE-KONTRAK.
UMSurabaya Publishing.
Abstract
The workers' status is often being the root of the problem in employment cases.
The unclear workers' status could inflict legal protection for workers which could
not be felt optimally. This study aims to examine the workers' status in Fixed-Term
Employment Agreements who have been re-contracted is being linked to the
provisions contained in the Company Regulations at PT X jo. By the applicable
laws and regulations. This research is a normative juridical using a statute
approach. The results of this study indicate that the workers status in Fixed-Term
Employment Agreements who has been re-contracted is not in accordance with
the provisions in the Company Regulations, as they are carried out by different
legal subjects though the main manager is PT X. This is contrary to the provisions
of Article 9 of the Company Regulations PT X jo. Article 56 jo. 59 of Law 13/2003
jo. Article 11/2020 jo. Article 5-9 on Government Regulations of 35/2021. Workers
in Fixed-Term Employment Agreements who have been re-contracted with
different legal subjects are no longer have legal relations with their previous legal
subjects as their legal consequences. In accordance with the provisions of Article
9 of Company Regulations PT X jo. Article 56 jo. 59 of Law 13/2003 jo. Article
11/2020 jo. Article 5-9 on Government Regulations of 35/2021 shows if there
would be no change in the workers status of contract workers to permanent
workers.
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