INDUSTRIAL RELATIONS COURT’S VERDICT IN THE CASE OF CERTAIN TIME WORKING AGREEMENT (PKWT) BECOME UNCERTAIN TIME WORKING AGREEMENT (PKWTT) (Analysis of Industrial Relations Court’s Verdict Number : 37/G/2011/PHI.Mdn)

Abstract

That According to article 1 point 14 Law Number 13 Year 2003 regarding Manpower, working agreement is an agreement between a worker / laborer and an employer that contains the terms of employment, rights and obligations of the parties.

In Article 56 paragraph (1) of Law Number 13 Year 2003, known 2 (two) forms of certain time working agreement that is, Working Agreement of Certain Time (PKWT) and Working Agreement of Uncertain Time (PKWTT). The provisions concerning the amendment of PKWT to PKWTT have been regulated in Article 57 paragraph (2) and Article 59 paragraph (7) of Law no. 13 of 2003 and Article 15 of the Decree of the Minister of Manpower and Transmigration No. RI. Kep.100 / Men / VI / 2004.

The procedure for resolving disputes between Workers and Employers is conducted through the stages regulated in Law no. 2 Year 2004 ie from non litigation process at Bipartite level by the parties and Mediation by a Mediator or a conciliator in the Office of Employment Agencies subsequently through Litigation examination at the level of Industrial RelationsCourt.

In the author's search, that the case of PKWT became the PKWTT, the Entrepreneur (Ic Defendant) filed a Cassation Appeal to the Supreme Court in Jakarta, which in the end the decision of the Industrial Relations Court at the Medan District Court in his legal considerations has been corroborated by the Cassation Judge at the Level Supreme Court and Incrach has been in accordance with its verdict Number: 599K / PDTSUS / 2012.

 

Keyword : Working Agreement, Certain Time Working Agreement Become Uncertain Time Working Agreement, Judge’s Verdict of Industrial Relations Court.