SLC22-W6 / DERECHO LABORAL

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Hello Everyone...

Thank you very much @anasuleidy & @elider11 , I welcome this SLC22-W6/ DERECHO LABORAL with pleasure to solve some tasks and cases..

I will fill in more realities and facts rather than narratives about the rights and obligations of employees in the regulations and arguments of many entrepreneurs.

The basic reference;
1). Why is legal rule coercive, but many fail? Including labor regulations (labor). Are there too many demands for laborel' rights, while the obligations carried out are too minimal? or vice versa.

2). The emergence of conflict between laborel with and the Government due to the implementation of Law No. 6 of 2023 concerning Job Creation because it is considered to benefit the corporation and harm labor.

3). Crisis of labor trust in judicial institutions, legal protection institutions, and several other legal aid institutions Because, they are unable to act as fair mediators against discrimination among laborels.

I am not taking sides/defending any party! The life of laborel bound by working hours regulations but without The right to appropriate wages, and clear guarantees of legal protection because of the existence of hidden discrimination. whereas! to protect laborels' rights and resolve disputes and conflicts, Indonesia has also established court Industrial Relations Court (PHI) institution, legal protection institutions, and Legal Aid Providing Institutions (PBH).

so the question arises; What is the difference between a daily laborer and an unemployed person? if both of them get the same income every day without obtaining other rights.

Our eyes are opened to see many facts; a labor worker must sell personal assets to purchase the services of an advocate to obtain the right to appropriate work wages, the right to termination of employment and the right to health insurance/work risks.

This means that Indonesian organic legal rules and judicial institutions highly uphold the dignity and worth of labor, but there is iron interference so that these legal norms are not implemented according to what is written, so that many legal rights and obligations are neglected. This is the same as what is experienced and accepted by the majority of workers in a number of countries, they are discriminated against and their rights are violated without any proper reason.

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Completion of Assignment Part I

Rights, obligations and legal sanctions:

Every employment relationship binds rights and obligations. But! should know that labor rights are not wages for work (laborel), because wages for work are constitutional rights, constitutional rights are "human rights" for every citizen guaranteed in the 1945 Constitution. There are no restrictions on race, ethnicity, gender even political trends. This right is the same as the right to live, receive justice, receive legal protection, the right to have children and several other constitutional rights.

Indonesia, employers are obliged to provide work to workers (men and women) along with other laborel' rights, this is regulated in Article 50 of the Employment Law.

The employment relationship occurs because of a work agreement between the entrepreneur and the worker/laborer. An employment agreement is made on the basis of an agreement between both parties.

Even though this Law has been abolished, the contents of this article are also written (refined) in the latest Law No. 6 of 2023 concerning Job Creation.

There are no sanctions for every citizen of the country who refuses to work, but it is a big problem for the country because increasing unemployment will cause a periodic decline in economic growth, as well as affecting development plans. Sankai will only apply to labor/workers who are absent from work without justifiable reasons. The sanctions will take the form of cutting wages and even dismissal of work.

Regulations governing labor rights and work rights.

The new law; termed the Omnibus Law, namely: Law No. 6 of 2023 concerning Job Creation as a replacement for the old regulation, namely: Law No. 13 of 2003 concerning employment.

In my opinion; There are positive things in Law No. 6 of 2023 concerning Job Creation, because every citizen is encouraged not only to play a role as a laborer, but to be able to create jobs for themselves and open up business opportunities for others.

However, for those workers who are bound by a work contract for a certain period of time with a company, they will face several Injustice conditions;..

1). when the government and entrepreneurs agree to increase the Value Added Tax (VAT), the price of fuel oil, and the increase in the price of basic commodities is not accompanied by an increase in salaries/wages for labor workers.

2). The government had to face sharp criticism from millions of workers who were members of a number of confederations and labor unions in various regions in Indonesia when the law was discussed in the Indonesian parliament (House of Representatives). Laborels criticized deviant articles in the law; such as low wages, health insurance and several others...

Completion of Assignment Part II

Institutions responsible or competent for enforcing labor rights.

As I explained above, Indonesia is a legal country that protects workers' rights by establishing several institutions, especially District Court, which is an official institution that examines, hears and decides cases, and has authority over labor matters, such as disputes and termination of employment relations, the Indonesian Migrant Worker Protection Agency (BP2MI) as well as several others such as; Labor monitoring institutions, legal protection institutions, and Legal Aid Providing Institutions (PBH).

but.. my opinion; one person fair lawyer much better, provided that not like poet who is free to interpret the truth

Work experience and violation of laborel' rights

Around 2002 I worked at a paper company/factory in Kerinci, Pekanbaru-Riau, my position was as a daily manual laborer and only earned an hourly wage of 1800 IDR or the equivalent of 0.52 Steem. (according to the price at the time of conversion). In the employment contract agreement, there is nothing wrong with the wage value, because the company pays us every day according to the number of hours worked.

We were recruited by a third party, namely a service provider (outsourcing) to be employed as workers for the company. Sadly! We only found out about the irregularities after our work contract was terminated.

We were recruited by a third party, namely a service provider (outsourcing) to be employed as workers in the company. Sadly! There was a cut in workers' wages by the outsourcing company, and we only found out about this irregularity after our employment contract was terminated. After we investigated/complained to the outsourcing company, we were able to accept the reason for cutting our wages, but we rejected the amount of the deduction, because it exceeded half of our monthly salary.

But we didn't succeed... we didn't get anything extra from our efforts.
Of course! On the one hand, outsourcing companies are an easy way for the unemployed to get a job, but on the other hand, outsourcing companies are the worst trap for workers who have no choice to get a job.

Completion of Assignment Part III

Practical Case 1.

As a lawyer, I will use the principles in Article 18, namely;

Principle (1).- Justice and social solidarity.
Principle (3).- In employment relationships, reality takes precedence over form or appearance.
Principle (4).- Workers' rights cannot be taken away. Any act, covenant or agreement that implies a waiver or reduction of these rights is void.

Justice is Fulfilling all workers' rights, solidarity; trust, mutual help and support between each other (Companies & workers).

the correlation of the next principles;
There is no reason for the company to reduce wages because his job as a driver is a fact. Meanwhile, changing job status to cleaning worker because the company's financial condition is deteriorating is the company's weakness. So, the company's weakness does not have to be at the expense of workers, because the level of risk between the two jobs (drivers and cleaners) is very different.

Consequences of Misuse of employment contracts;
The risk of accidents, including the safety of drivers and even other road users. will reveal Misuse of Employment Agreements/Contracts as a big mistake and will automatically add new cases for the company. So, in this case, as a lawyer, I will easily defend the driver worker, because the company is proven to have misused the employment contract against its worker.

Practical Case 2.

Institution for protecting labor rights for case unilateral termination of employment relations.

Our country also has an Industrial Relations Court (PHI) forum/institution for resolving disputes between workers and companies as in practical case 2. Parties who are victims of unilateral termination of employment (PHK) can submit an objection to the PHI if the Collective Agreement is submitted by the victim layoffs to companies that laid them off failed or there was no agreement.

And, the layoff victim cannot restore his rights unless PHI accepts his request on the basis of facts and truth that the layoff victim was not caused by administrative violations or violations that violate company law.

or, through PHI, layoff victims can also demand protection of their rights from the company to receive compensation such as severance pay and work period pay. And, In the Job Creation Law, companies that carry out unilateral layoffs without agreement between both parties and, or clear reasons, can be subject to sanctions because they are deemed to have violated human rights and degraded the dignity of a worker.

Why is my PHI institution called competent for this case?

The Industrial Relations Court (PHI) has full authority and has "permanent legal" power as a basis for resolving disputes and demanding the rights of layoff victims unilaterally. The main reason is that the layoffs carried out by the company on workers are invalid without PHI's approval/determination.

That's all the review & resolution of cases in employment law lessons. I have read many books and references and learned a lot regarding this subject, not only because of the contest challenge but it has helped a lot in completing my student assignments at a university. Thank you very much to great our teacher @anasuleidy and @elider11 ..and all our colleagues who have stopped by and maybe you read it.

invite; @suboohi @muzack1 & @walictd