EMPLOYMENT RELATIONSHIP MODEL IN THE CONCEPT OF EMPLOYMENT LAW AND ITS INFLUENCE ON WORKER PROTECTION
KHAIRANI

ANDALAS UNIVERSITY

Abstract

This study examines the concept of legal relations (employment relations) in Law No. 11 of 2020 concerning Job Creation Chapter IV of the Employment Cluster. The employment relationship has a strategic position as an indicator that determines the rights and obligations of the parties in the employment relationship. From the employment relationship, it can be seen the scope of protection provided to the parties, especially to workers. The enactment of the Job Creation Law brought changes in industrial relations which have been regulated in Law No. 13 of 2003 concerning Manpower. For this reason, this study wants to explore the concept of employment relations after the enactment of the Job Creation Law, then also want to know what are the implications of various changes to the Job Creation Law on worker protection. The method used to obtain the desired results is the normative juridical method, namely examining and exploring in depth legal materials (laws and regulations) and books and articles related to the object being studied. Based on the research, it is known that the amendments to the Manpower Law contained in the Employment Creation Act have several consequences on the types of employment relationships, namely the existence of a fixed time work agreement but pushing towards a certain time work agreement, outsourcing of workers is maintained by changing the term to outsourcing but the terms and conditions of outsourcing are still the same as outsourcing, there is no limit on the work that can be outsourced, the working period of the employment agreement is extended, as a consequence of these changes affecting the continuity of work, wages, promotions and so on. Thus the protection for workers is not better than the provisions contained in the Manpower Act.

Keywords: employment relationship, protection, job creation law

Topic: Law