Labour is the kind of work most widely cultivated in Indonesia, factory workers, mine or others. The reason why many residents of Indonesia to work as laborers is lack of education that is not possible for them to obtain a better job, a condition that is not too complicated and narrowness jobs liking. However, along with the development of work as a laborer was hard to come by, the terms are actually inaccessible to the size of a worker must be met. Workers could be called as a fringe group in production activities in the area of the company. Its existence by some employers or owners of capital is considered as a counterweight and complement production activities or even as the fulfillment of the demands of the government on labor-intensive system. In addition, workers are considered as parties to absorb too much money especially permanent workers. It is associated with a variety of benefits such as health, tunjanngan holidays, pensions and maternity leave for women.
The progress of time the impact on the high standard to become a labor and high unemployment rates have contributed to the increasing competition in the labor share in various sectors, not only a low level, but also the professional level. Total labor supply or labor and the amount of labor demand unbalanced make the owners of capital are free to choose, sort of labor or even replace workers freely. This led to the flexibility of labor or labor concerns about whether or not he received as workers in companies. This competition will logically lead to fierce competition within the workforce where workers ultimately whether intentionally or unintentionally temporarily or permanently will forget their fair rights as a worker of the benefits that should be obtained in order to get a job even though he did not really want, which is important to get money to meet the need. At the same time arise Labor Law No. 13 of 2003 concerning labor and cons of outsourcing.
Outsourcing is divided into two syllables: out and sourcing. Sourcing mean shift work, responsibilities and decisions to others. Outsourcing in Indonesian means outsourcing. In the business world, outsourcing or outsourcing can be defined as the delivery of some of the implementation of the work that is non-core or support by a company to another company through an agreement contract of work or the provision of worker / laborer.
Outsourcing or outsourcing a job transfer (operation) from one company to another, usually to minimize production costs or to focus on the main points of the company. Outsourcing system is for most people who have limited expertise or skills are considered very harmful. But for people who have special expertise and scarce be outsourced employees are considered more profitable.
In Indonesia, the legal basis of the work system Outsoucing contained in Article 64 of Law No. 13 of 2003, which reads "The Company may subcontract part of the work to another company through an agreement contract of work or the provision of services Workers / Labor made in writing".
Before a company imposed a system of outsourcing agreements, there are two stages to be followed in the provision of worker namely First, the agreement between the company and the employer with the labor provider company that contains the terms of the work will be outsourced. According to Article 65 paragraph 2 of Act 13 of 2003 jobs will be outsourced must meet the following requirements :
If seen from the above clauses as if there was no trouble inside workers while working as a laborer outsourcing, because theoretically rights will be met by the provider of workforce. However, in practice there are many irregularities committed by the company or corporate employers of labor providers to outsource work system. Deviations include:
In the system of labor outsourcing becomes a commodity because it is sold by the labor supply of labor to the buyer (company employer) to be covered by the "agreement" that from the beginning it did not side with workers. In this work the system of labor situation is far more difficult than usual because he has no job security, at times it can be laid off without severance pay even though he has worked long enough. In addition, he also did not get medical benefits and leave or holiday for whatever reason, does not make it mean salary deductions.
The impact of outsourcing work system is indeed very bad. In this system the workers will never get a chance for a promotion because he was working in a job that takes corporate buyers, for example, a company needs to outsource labor for a specific job within a certain time, when the work is completed then easily workers will be fired and a current will be recruited back when needed. Even many rogue company that basically does require workers to do certain jobs for onward use the system because they do not want to lose a lot of capital for labor or labor benefits. This means that workers will never have the opportunity to raise the level of welfare.
Some employment law practitioners in fact many who criticize this outsourcing system, because that legally the company is not responsible for the employer directly to the fulfillment of the rights of the employees concerned. Therefore, in order to protect employees who are placed is determined several requirements to minimize the negative impact of this outsourcing system. Where these Terms shall be met by the service provider and enterprise workers of the employer, so that laborers / workers concerned ynag remain protected his rights and did not experience excessive exploitation. The requirements that must be fulfilled by the company providing outsourcing services in accordance with article 66 of Law 2003 are as follows :
However, if these conditions are violated, in Article 66 paragraph (4) Labor Law says that if the provisions of Article 66 paragraph (1) and (2) Labor Law are not fulfilled, in the sense of the workers / laborers from labor service providers / labor used by the employer to carry out basic activities or activities that are directly related to the production process, then by law the status of the working relationship between the worker / laborer and service provider company worker / laborer turned into a working relationship between the worker / laborer and employer.
In the end, the biggest mistake of this is that the government tends not to take firm action against companies that violate the regulations in Act 13 of 2003. Actually attestation system outsourcingsaja work has been a nightmare for the workers in Indonesia, this misery more severe when the government not in favor of the workers at the time the company violated the law on labor rights. The government is more concerned with the presence of foreign investors, afraid that foreign investors will flee from Indonesia. Thus, it can be concluded that the system of outsourcing over the side of the owners of capital of the workers.
The progress of time the impact on the high standard to become a labor and high unemployment rates have contributed to the increasing competition in the labor share in various sectors, not only a low level, but also the professional level. Total labor supply or labor and the amount of labor demand unbalanced make the owners of capital are free to choose, sort of labor or even replace workers freely. This led to the flexibility of labor or labor concerns about whether or not he received as workers in companies. This competition will logically lead to fierce competition within the workforce where workers ultimately whether intentionally or unintentionally temporarily or permanently will forget their fair rights as a worker of the benefits that should be obtained in order to get a job even though he did not really want, which is important to get money to meet the need. At the same time arise Labor Law No. 13 of 2003 concerning labor and cons of outsourcing.
Outsourcing is divided into two syllables: out and sourcing. Sourcing mean shift work, responsibilities and decisions to others. Outsourcing in Indonesian means outsourcing. In the business world, outsourcing or outsourcing can be defined as the delivery of some of the implementation of the work that is non-core or support by a company to another company through an agreement contract of work or the provision of worker / laborer.
Outsourcing or outsourcing a job transfer (operation) from one company to another, usually to minimize production costs or to focus on the main points of the company. Outsourcing system is for most people who have limited expertise or skills are considered very harmful. But for people who have special expertise and scarce be outsourced employees are considered more profitable.
In Indonesia, the legal basis of the work system Outsoucing contained in Article 64 of Law No. 13 of 2003, which reads "The Company may subcontract part of the work to another company through an agreement contract of work or the provision of services Workers / Labor made in writing".
Before a company imposed a system of outsourcing agreements, there are two stages to be followed in the provision of worker namely First, the agreement between the company and the employer with the labor provider company that contains the terms of the work will be outsourced. According to Article 65 paragraph 2 of Act 13 of 2003 jobs will be outsourced must meet the following requirements :
- Done separately from the main activity;
- Done with the command directly or indirectly from the employer;
- Is supporting the activities of the enterprise;
- Not inhibit the production process.
- Working relationship between labor and labor provider company;
- Employment agreement applicable to the employment relationship for a specified time or the funds to meet the requirements for an unspecified time employment agreement is in writing and signed by both parties;
- Protection and welfare, working conditions and disputes that arise are the responsibility of the provider of labor.
If seen from the above clauses as if there was no trouble inside workers while working as a laborer outsourcing, because theoretically rights will be met by the provider of workforce. However, in practice there are many irregularities committed by the company or corporate employers of labor providers to outsource work system. Deviations include:
- Company employer does not comply with the requirements set for the type of jobs that are outsourced;
- Moreover, they also violate the working time limit set for workers, in article 59, paragraph 1 second point to mention that the work given time a maximum of 3 years, but many companies continue to extend the time without lifting workers become permanent employees;
- Employment agreement was made unilaterally or without the agreement, the workers do not know the contents of the agreement were given employment, the majority of workers are not given the health facility, meal allowance and overtime pay, forgery marital status of employees, it is not in accordance with Law No. 13 2003.
In the system of labor outsourcing becomes a commodity because it is sold by the labor supply of labor to the buyer (company employer) to be covered by the "agreement" that from the beginning it did not side with workers. In this work the system of labor situation is far more difficult than usual because he has no job security, at times it can be laid off without severance pay even though he has worked long enough. In addition, he also did not get medical benefits and leave or holiday for whatever reason, does not make it mean salary deductions.
The impact of outsourcing work system is indeed very bad. In this system the workers will never get a chance for a promotion because he was working in a job that takes corporate buyers, for example, a company needs to outsource labor for a specific job within a certain time, when the work is completed then easily workers will be fired and a current will be recruited back when needed. Even many rogue company that basically does require workers to do certain jobs for onward use the system because they do not want to lose a lot of capital for labor or labor benefits. This means that workers will never have the opportunity to raise the level of welfare.
Some employment law practitioners in fact many who criticize this outsourcing system, because that legally the company is not responsible for the employer directly to the fulfillment of the rights of the employees concerned. Therefore, in order to protect employees who are placed is determined several requirements to minimize the negative impact of this outsourcing system. Where these Terms shall be met by the service provider and enterprise workers of the employer, so that laborers / workers concerned ynag remain protected his rights and did not experience excessive exploitation. The requirements that must be fulfilled by the company providing outsourcing services in accordance with article 66 of Law 2003 are as follows :
- Labor services provider is a form of legal business and have permission from the competent authority;
- Workers / employees are placed should not be used to carry out the main activities that are directly related to the production process;
- The existence of a clear working relationship between pekerj / labor with labor service providers, so that workers who placed the optimal working protection appropriate minimum standards of employment.
However, if these conditions are violated, in Article 66 paragraph (4) Labor Law says that if the provisions of Article 66 paragraph (1) and (2) Labor Law are not fulfilled, in the sense of the workers / laborers from labor service providers / labor used by the employer to carry out basic activities or activities that are directly related to the production process, then by law the status of the working relationship between the worker / laborer and service provider company worker / laborer turned into a working relationship between the worker / laborer and employer.
In the end, the biggest mistake of this is that the government tends not to take firm action against companies that violate the regulations in Act 13 of 2003. Actually attestation system outsourcingsaja work has been a nightmare for the workers in Indonesia, this misery more severe when the government not in favor of the workers at the time the company violated the law on labor rights. The government is more concerned with the presence of foreign investors, afraid that foreign investors will flee from Indonesia. Thus, it can be concluded that the system of outsourcing over the side of the owners of capital of the workers.
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