LEGAL PROTECTION FOR LABOR CONTRACT AT PT. NAWAKARA PERKASA NUSANTARA

I Nengah Sugiarta, Maryanto Maryanto

Abstract


The formulation of the problem in this study are: outsourcing arrangements based on applicable laws and legal protection for contract workers in PT. Nawakara Perkasa Nusantara. The method used by the researcher is the juridical normative legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from field studies by interviewing management and workers at PT Nawakara Perkasa Nusantara. And secondary data obtained from library studies relating to the theory of law protection and law enforcement.
Based on the results of the study that the limitation or even rejection of the enactment of statutory provisions regarding outsourced workers cannot be done despite how strong the workers and trade unions from the work unit until the federation is fighting for it. This is due to the development of outsourcing itself which states that the fields of specialization, especially in terms of product development and the development of service expertise are increasingly developing. Therefore bringing an impact for outsourcing workers to open up wider employment. Legal protection for contract workers in PT Nawakara Perkasa Nusantara basically in the implementation has not run as stipulated in the legislation. There is no protection regarding the timeframe in the work agreement as stated in Article 59 paragraph (2) and paragraph (4) which states that PKWT cannot be held for permanent work and a period of more than 3 (three) years with every one year once contract extension is performed. The interpretation in paragraph (7) states that violations of Article 59 paragraph (2) and paragraph (4) will result in the PKWT being legally changed to PKWTT. In practice this agreement occurs for 3 (three) years with a contract extension every year. Workers / laborers in this company should have become permanent employees, when viewed from labor laws.

Keywords: Legal Protection, Labor, Contracts




DOI: http://dx.doi.org/10.30659/jdh.2.3.%25p

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