Settlement of Industrial Relations Disputes and Termination of Work Relations according to the Applicable Legislation

This article discusses the settlement of industrial relations disputes and termination of employment according to the applicable laws. Industrial relations disputes can be divided into two types: disputes over rights and disputes over interests. The relationship between workers and employers is a relationship that needs each other; workers need wages, employers benefit. However, in practice there are problems, so employers give Warning Letters I and II which are followed by Termination of Employment (PHK). The process of resolving this problem can be carried out through Bipartite, Mediation, or to the Industrial Relations Court. This paper is written with a normative juridical approach. The results show that the labor-employer problem is getting more complicated since the existence of the Omnibus Law on Job Creation, one of which contains the elimination of the city / district minimum wage (UMK) and replaced with the provincial minimum wage (UMP). The elimination of MSEs results in lower wages for workers. In fact, in the Manpower Act Number 13 of 2003, no worker may receive a wage below the minimum wage, because the determination of wages is based on the calculation of Living Needs.[]Artikel ini membahas mengenai penyelesaian perselisihan hubungan industrial dan pemutusan hubungan kerja menurut perundang-undangan yang berlaku. Perselisihan hubungan industrial menurut jenisnya dapat dibagi menjadi dua: perselisihan hak dan perselisihan kepentingan. Hubungan pekerja dan pengusaha merupakan hubungan yang saling membutuhkan; buruh memerlukan upah, pengusaha mendapatkan keuntungan. Namun, dalam prakteknya terjadi permasalahan, sehingga pengusaha memberikan Surat Peringatan I dan II yang diikuti dengan Pemutusan Hubugan Kerja (PHK). Proses penyelesaian persoalan ini dapat dilakukan melalui Bipartit, Mediasi, atau ke Pengadilan Hubungan Industrial. Tulisan ini ditulis dengan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa permasalahan buruh-pengusaha semakin pelik seja hadirnya Undang-Undang Omnibus Law Cipta Lapangan Kerja yang salah satu isinya penghapusan upah minimum kota/kabupaten (UMK) dan diganti dengan upah minimum provinsi (UMP). Penghapusan UMK membuat upah pekerja lebih rendah. Padahal, dalam Undang-Undang Ketenagakerjaan Nomor 13 Tahun 2003 tak boleh ada pekerja yang mendapat upah di bawah upah minimum, karena penetapan upah didasarkan atas perhitungan Kebutuhan Layak Hidup

The Current Status and Evolution of Industrial Relations in Sri Lanka

[Excerpt] Howe and Strauss (2007) propound the theory that there is a clear nexus between the significant events youth face and their attitudes in later life. This is relevant in looking at the evolution of industrial relations, especially in Sri Lanka. One could say that the historical context of Sri Lanka has played a major role in the current behaviour of management and labour—from the nationalist revival in 1956 and the culture change which gripped the country until the insurgency of 1971 which can be identified as the coming to a head of the frustrations created in relation to emancipated, educated youth who had no prospects of proper employment. The language policy introduced under the cultural revolution created a hostile divide between the English-speaking managers, who in colonial times and for several decades thereafter came from elite schools, and the ‘swabasha’1 educated workers. Since the language of management and business transactions continued to be English, it was difficult for those receiving education in the local languages to claim higher positions in the private sector although often they were better technically qualified, at least on paper, than the English- peaking candidates selected. With educated youth finding that they could not access the higher echelons without English the obvious reaction was to resent the language as well as the system which used it. The policy in the government was to use the swabasha for official transactions and this led to graduates educated by local universities moving mostly into public sector management positions, seldom securing employment in the private sector. The tension created by Sinhala-educated youth not having adequate access to jobs compatible with their education led to the insurrection in 1971. The youth of that era are now mature citizens and legislators and are therefore anxious to give fair opportunity to youth coming into the labour market by helping them acquire language skills needed for employment

Indonesian labor legislation in a comparative perspective : a study of six APEC countries

The author compares Indonesian labor legislations with labor policies in five other APEC countries: Chile, the Republic of Korea, Malaysia, Mexico, and the United States. The report focuses on legislation affecting union regulation, minimum wages, nonwage compensation, and working conditions. Current legislation in Indonesia is a mixed bag of laws protecting workers'welfare but controlling organized labor. Indonesian laws restrict the ability of labor organizations to effectively represent workers to management at the plant level. In this, they are similar to Malaysian laws and, to a lesser extent, new Korean legislation. They provide a stark contrast to current legislation in Chile and the United States. But Indonesia legislation governing minimum wages, mandated nonwage benefits, and other labor standards, appear to be at least as generous as legislation in the five other countries. Indonesia is under pressure to ease restrictions on unions. The author suggests that allowing effective plant-level bargaining could give workers more of a voice at the workplace, but that improving industrial relations will require more than legislative changes. Careful changes in legislation and industrial relations could help unions play a more positive role, while downplaying labor's more negative role. The author cautions against centrally mandating labor standards, instead of letting workers and their employers negotiate them at local plants.Environmental Economics&Policies,Labor Policies,Labor Management and Relations,Labor Standards,Work&Working Conditions,Work&Working Conditions,Banks&Banking Reform,Labor Management and Relations,Environmental Economics&Policies,Labor Standards

Termination of Work on Workers/ Labor Agreement in Particular Time on Fixed Work

In running a company there are not a few companies that use a certain time work agreement (CTWA). In the provisions of legislation it is permissible according to the nature and type of work that is completed once or while the nature of the settlement is no later than 3 (three) years, seasonal work, work related to new products and casual daily work. In his journey not a few also entrepreneurs who do termination of employment (layoffs) reduce the number of workers because of the strategy to maintain the continuity of its business. Termination of employment (Termination of Employment) is the termination of employment relations between workers / labor and employers. One of them was layoffs by the court, namely layoffs that were decided by the industrial relations court because of a discrepancy over layoffs carried out by one of the parties. This has happened to the decision of the case of the industrial relations court at the Surabaya District Court Number 153/G/2011/PHI.Sby. In the decision, there was a clash of arguments by the parties so that the panel of judges decided the resolution. Keywords: Employment Agreement, Certain Time, Work Terminatio

Compulsory Arbitration - What Is It?

The identification of arbitration as it is constituted in legal lore is not very difficult. There is a near consensus of judicial utterances and statutory provisions posing it as a process for hearing and deciding controversies of economic consequence between parties. It begins with and depends upon an agreement between the parties to submit their claims to one or more persons chosen by them to serve as their arbitrator. The identification of compulsory arbitration is more difficult; it is more elusive. The instances or particulars of compulsion as covered by the name compulsory arbitration in legal lore, vary substantially. They are to be found in different statutes. The administration of these compulsions and the consequences of disregarding them also are variable. Joinder of any of these instances or particulars of compulsion with arbitration seems to serve no useful purpose in evaluating their legality. Some of them appear to be an anathema to parties in interest and to politicians. Other and different instances have been cited as praiseworthy. Arbitration does not count for much in resolving these likes and dislikes

Collective Agreement as Evidence with Binding Legal Force in Decision of Industrial Relations Court

A Collective Agreement, once registered and ratified at the Industrial Relations Court, should be regarded as authentic evidence possessing binding legal force for all parties, including judges. However, in various rulings from both the District Court and Supreme Court levels, the Collective Agreement has been consistently disregarded as evidence with enduring legal implications and enforceability on the involved parties. The central issue investigated in this research pertains to how judges perceive the Collective Agreement as evidence and the position it holds as binding evidence in the decisions of the Industrial Relations Court. This research employs a normative legal analysis approach (statute case) and conducts a case study by examining multiple industrial relations court decisions that have overlooked Collective Agreements as evidence with binding legal force. In contrast to several prior studies and writings conducted by other entities, which have primarily confined the role of the Collective Agreement to being binding on the parties and admissible as evidence in the Industrial Relations Court, this research scrutinizes the Collective Agreement, asserting that it should be established with unequivocal legal force for the involved parties, rendering it conclusive and precluding further legal actions. Nevertheless, in various Industrial Relations Court Decisions, these agreements are, in fact, overlooked and not treated as evidence with binding legal force, thereby introducing legal ambiguity for the parties involved. Additionally, despite the ideal scenario of the Collective Agreement being crafted as an authentic deed to ensure its binding nature, practical instances reveal instances where Collective Agreements are private deeds, each possessing distinct evidentiary powers

Study of Industrial Relations: Labor Union, Work Agreement and Bipartit

The demonstration on May 1 was a sign of industrial relations problems. Therefore, all involved parties (Company, Labor Union, Bipartit and Governance) must enforce the rules of employment agreements as stipulated in the labor law. Explicitly, this study aims to describe and analyze the extent industrial relation has been built. The research approach uses qualitative methods, in this case the law study. The results of the study confirm: 1) The law as a legally has clearly regulated employment. 2) The company has not been optimal in carrying out the mandate of the law. 3) The function of the employee union has not been optimal as an employee representative. 4) Government functions are not yet rea

Does Religious Holiday Allowance Policy during Covid-19 Provide Legal Certainty?

The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment

Global Framework Agreements : A Response to Urgent Global Labour Concerns

This dissertation is developed against the background of globalisation and the rise of a new type of instrument used to deal with the accompanying developments. These instruments are designated by the present dissertation as global framework agreements (GFAs). They constitute a written compromise, signed between global union federations and multinational enterprises, setting rights-based minimum standards throughout a company’s global operations, including its suppliers and subcontractors. The development of these agreements, both in terms of number and content, has originated a new generation of global framework agreements whose placement within the concept of collective agreement can indeed be discussed. These are designated as global collective agreements (GCAs). Global collective agreements have emerged in a similar context to the development of collective agreement at the national level. They have developed in a regulative vacuum, now being filled with instruments akin to collective agreements. Hence, the identification of a set of core features that compose the collective agreement as a concept are identified and analysed in relation to global framework agreements. Some elements are more contentious than others and require special attention, namely the binding character and the agreement’s enforcement as an expression of this bindingness. Likewise, the relationship between these agreements and other sets of rules at both the international and domestic level add further problematics that need to be highlight. The analysis and comprehensive understanding of these agreements is further complemented through a content analysis, based on an examination of the agreement’s parties, content, scope, implementation, and enforcement mechanisms. The empirical work carried out in the form of interviews provides added insights into the functioning, usage, and actual impact of two selected agreements. The findings show that, while the agreements are indeed used, they have resulted in different outcomes in terms of enforcement. Moreover, the usage of these agreements beyond the formally instituted mechanisms is unveiled through the interviews. Tensions, distrust, and dissemination issues are further identified. The agreements selected as the focus of the empirical work are identified as global collective agreements and their impact and implementation are evaluated through interviews conducted with various stakeholders