PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ATAS UPAH DAN JAMINAN SOSIAL BAGI PEKERJA OUTSOURCING DI PERTAMINA

Kusuma, Vinsensius Noventus Tian (2015) PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ATAS UPAH DAN JAMINAN SOSIAL BAGI PEKERJA OUTSOURCING DI PERTAMINA. S1 thesis, UAJY.

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Abstract

Economic development and technology so fast that impact on competition which takes place very strict demands companies to give priority to demands and fulfill the desires of the market that requires speed and flexible response towards the fulfillment of consumer needs. A fast response to the market demands and customers this can determine the victories and defeats in the competition of business. Lately the company concerned with the things that accelerate the process for the sake of the efficiency and effectiveness of the company. One of the ways is by turn over partly work to on one's side other pass through the services of a contractor or provider of workers/labourers or known by the term outsourcing. With the use of this outsourcing companies can pay more attention to the main activity of the company so that the company more competitive. But in fact, the practice of outsourcing raises problems, particularly concerning the protection of workers/labourers. Generally, workers/labourers outsourcing lower wages. Jurisdictional Social received minimal protection, and even the workers/workers of outsourcing is considered as factors of production. This script examines whether it is true that the labor/workers be treated not in accordance with the applicable law in accordance with the labor laws in the absence of legal protection and legal certainty for workers/workers of outsourcing which is reviewed from the angle of employment law, namely UU No. 13 Year 2003. The research method is based on data collected from the library materials (secondary data) and field (primary data/basic data). Secondary data obtained through the study of librarianship, namely by collecting written materials related to the topics covered in the form of legislation, books, papers, research results, journals, magazines, the internet, and so on. While the primary data or data base of authors can from the field of PT. Pertamina Patra Niaga, which is the main source for the writing of this script, is obtained by interviewing the workers and seeing the work of workers in the field. From the results of the study authors found that the correct implementation of the practice of outsourcing is very detrimental to the worker/labor outsourcing, notwithstanding the implementation of outsourcing has been regulated in the labor laws. This arises because of the vagueness of the formulation of the working relationship between employers and occupations, workers/providers of outsourcing labour.

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