PELAKSANAAN PENGUPAHAN DALAM PERJANJIAN KERJA BERDASARKAN KETENTUAN UU NO. 13 TAHUN 2003 PADA PT. SHENDITA ADI KARYA YOGYAKARTA (STUDI KASUS)

Siahainenia, Ranvi (2006) PELAKSANAAN PENGUPAHAN DALAM PERJANJIAN KERJA BERDASARKAN KETENTUAN UU NO. 13 TAHUN 2003 PADA PT. SHENDITA ADI KARYA YOGYAKARTA (STUDI KASUS). S1 thesis, UAJY.

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Abstract

The economical development in Indonesia since happen the monetary crisis that caused a lot either of state-owned companies or private companies had decline in various field, especially in the financial in payment of the labor fee. PT. Shendita Adi Karya is a company operating in the field of dwelling marketing while the name of author study how the implementation of payment in a working agreement in Laws number 13 of 2003 about the Employee of PT. Shendita Adi Karya in executing the payment makes an working agreement where a worker should or had to follows the testing period or training as long three month with the payment be given only half of the base salary. The author found the present of legal case in the working agreement that either be used for or be functioned by PT. Shendita Adi where PT. Shendita Adi Karya used two forms of working agreement. They are: working agreement for certain period or contract, and working agreement for uncertain or stagnant period, while in the working agreement for certain period or contract, PT. Shendita Adi Karya listed the presence of working test period or training whereas in the Laws Number 13 of 2003 Article 58 paragraph (1), it is very incompatible with the working agreement for certain period made by PT. Shendita Adi Karya. It is similar in the payment for working test period or training. The employer gives salary to the workers according to the current Provincial Minimum Salary. Such matter is incompatihle with Article 60 paragraph (2) Las number 13 of 2003. The meaning of salary according to Governmental Regulation Number 81 of 10181 about the Salary Protection is mentioned that the salary is an achievement as gifts from the employers to their labors for either completed or to will be completed works or service. The workers of labor are everyone that work and get the salary or payment in whatever forms and a!so the workers promised the increasing of salary if the dwellings is sold out in a great number, iii fact, there isn't any increasing salary had been promised. It often caused the workers or labors feel their duty and rights didn't be esteemed by the employers. The author used method of empirical legal research with the primary source data from PT. Shendita Adi Karya, whereas the secondary data that is primary legal sources includes laws regulations, and collection of data based on the result of interview with respondents. Thus, the author concluded that the part of workers or labors in doing every tasks in order to firstly understand either contains and forms of working agreement that be offered by and to the part of employer or entrepreneur should more esteem the rights and duties of worker or labor, and also the presence of consideration from the part of entrepreneur or employer in making working agreement. Thus, between the rights and duties of employees and the employers have mutual regards. The author gave advice in order there is any guidance about the working laws, especially in the matter of giving salary in working agreement, and it needs the presence of legal upright in the matter of an oral working agreement in order the part of employer more regard the rights and duties of workers or labors. Also the employers should do their duties as certainty to the workers or labors concerned with the system of salary payment according to the valid regulation

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