Gotowa bibliografia na temat „Bipartite employment relationship”

Termination of employment relations causes termination of employment relations due to a matter which results in the end of the rights and obligations between the worker/laborer and the entrepreneur. In terminating the employment relationship, sometimes a dispute arises, which is caused by the lack of understanding between the worker/laborer and the entrepreneur regarding terminating the employment relationship or because the entrepreneur only terminates the employment relationship but does not provide the rights that should be received by the worker such as severance pay, long service awards and compensation rights. Settlement related to layoffs because the employer only terminates the employment relationship but is not given the rights of workers that he/or the worker should get, then efforts can be made to resolve them in a bipartite manner, Mediation, Conciliation, Arbitration, and the Industrial Relations Court in accordance with the provisions in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study can be drawn a conclusion, namely, how to obtain severance pay, long service pay, and compensation money. When a unilateral layoff occurs, it can be done in 2 ways, namely through litigation and non-litigation.

A work relationship is a relationship between a worker / laborer and an employer / employer that occurs after the employment agreement or based on a work agreement that has elements of work, wages and orders. Therefore, legal relations between workers and employers are bound by the existence of a work agreement. The purpose of this article is to report how to resolve industrial relations; to reveal wages according to the Labor Law; to report cases related to employment. The findings and discussion indicate that industrial relations disputes are differences of opinion which result in conflicts between employers or joint entrepreneurs with workers / laborers or trade unions because of disputes regarding rights, interests, termination of employment, and disputes between trade unions in one company . The procedures for resolving Industrial Relations Disputes (PHI) are in accordance with Law Number 2 Year 2004 concerning Settlement of Industrial Relations Disputes (PHI Law), namely: Bipartite Negotiations, Tripartite Negotiations, Mediation, Councils, Arbitration, Industrial Relations Court. From the case of PT Panca Puji Bangun regarding the wages of workers / laborers not in accordance with Surabaya City Minimum Wages, the case was resolved through the Industrial Relations Court (PHI).

This paper analyzes the fulfillment of workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT Sukorintek and legal remedies that can be taken to fulfill workers' rights.This empirical juridical research uses a qualitative approach. Data collection techniques using interviews and documentation studies. The analysis technique uses an interactive model. The results showed that, Fulfilling workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT. Sukorintex Indah Textile is not in accordance with the provisions of the labor laws and regulations. PT. Sukorintex only provides severance pay to workers as much as 0.40 (40%) of the amount that should be received by workers. Whereas according to the labor laws and regulations, workers who are laid off due to force majeure which do not cause the company to close as in the case of PT Sukorintek are entitled to severance pay of 0.75 (zero point seventy five) times of service; 1 (one) time service award in accordance with the period of service and compensation for other entitlements in accordance with the period of service. Legal remedies that can be taken in the case of PT. Sukorintex, among others: using non-litigation, namely bipartite negotiations, mediation, and conciliation or using litigation, namely through the Industrial Relations Court at the District Court in the legal area where the worker/laborer works.

The theme of the articles in this issue of the journal is the ‘withdrawal’ of the common law courts from areas of labour law regulated by statute, using the rationale that they should not intervene in such areas even if there is no explicit statutory exclusion relating to the point at issue. This article takes a slightly different approach and considers the role played by the New Zealand Court of Appeal following the neoliberal reforms to labour law by the Employment Contracts Act 1991. It argues that the Court, rather than ‘withdrawing’, actively intervened in the development of the law to reinforce the neoliberal reforms and to ensure that the bipartite values that had characterized labour law for most of the twentieth century were displaced by the unitary values of the common law. While approaching the topic from a different perspective, the conclusion is much the same: the courts consistently decline to extend the common law in ways which would have enhanced employee rights against employers, an inhibition noticeably absent when extending the range and scope of duties owed by employees to their employers. This article argues that if employment relationships are to balance adequately the relationship between capital and labour, the autonomy of labour law must be increased through a greater codification, the reinforcement of specialist courts and the minimization of the intrusion of the common law courts into their jurisdiction.

<p>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.</p><p align="center">[]</p><p><em>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.</em></p>

<p><em>Regulations regarding the right to menstrual leave for female workers in Indonesia are regulated in Law No. 13 of 2003 concerning Manpower. This law is the basis for the making of work agreements by every company in Indonesia, both a Fixed Time Work Agreement and an Indefinite Time Work Agreement. The work agreement is the basic principle of the relationship between workers and the company in relation to the type of work, wages, position and termination of employment. Legal protection for female workers in relation to the right to menstrual leave is implemented in article 81 paragraph (1) of Law No. 13 of 2003 concerning Manpower, usually in the form of requiring female workers to come to company clinics and have their conditions checked, if the conditions are declared unable to continue their work on that day, the female workers are given permission to rest at home. If at any time there is a dispute between workers and the company regarding menstrual leave, the dispute Resolution can be done in several ways. First, it can be resolved through negotiation by both parties or what is known as bipartite. If the bipartite settlement does not get satisfactory results for both parties, the case / dispute can be submitted to be resolved in an Industrial Relations Court.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Dispute Resolution, Female Workers, Legal Protection, Menstrual leave rights</p>

<p align="center"><strong>ABSTRAK</strong></p><p><strong> </strong></p><p>Perusahaan pada hakikatnya dibentuk untuk mencari keuntungan dan atau laba yang sebesar-besarnya, namun dalam aktivitasnya tersebut tidak dapat dihindari pula terjadinya kerugian pada perusahaan sehingga demi menjaga stabilitas perekonomian perusahaannya, pengusaha melakukan kegiatan pengambilalihan, maupun penutupan perusahaan. Adapun beberapa hal yang menjadi rumusan-rumusan masalah yaitu bagaimana perlindungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan? dan bagaimana permasalahan dan model Penyelesaian Perselisihan Pemutusan Hubungan Kerja antara pekerja dan pengusaha akibat tindakan pengambilalihan maupun penutupan perusahaan?. Ada dua bentuk perlundungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan, yaitu perlindungan hukum bagi pekerja / buruh atas pengusaha yang tidak bersedia melanjutkan hubungan kerja dan perlindungan hukum bagi pekerja / buruh yang tidak bersedia melanjutkan hubungan kerja. Upaya hukum yang dapat ditempuh pekerja untuk menyelesaikan perselisihan pemutusan hubungan kerja tersebut dapat melalui jalur Penyelesaian Perselisihan Pemutusan Hubungan Kerja di luar Pengadilan Hubungan Industrial (<em>non</em> <em>litigasi</em>) ini dapat dilakukan dengan penyelesaian melalui bipartit, konsiliasi Arbitrase, mediasi. Dan Penyelesaian Perselisihan Pemutusan Hubungan Kerja melalui Pengadilan Hubungan Industrial.</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>The company is essentially formed to seek benefit and/or profits as much as possible, but in its activities, it cannot be avoided also the loss of the company so that in order to maintain the stability of the company's </em><em>economy, entrepreneurs make takeover activities, as well as the closure of the company. As for some matters, the formulation of the problem is how to protect the law against the workers/labors when there is a Dispute Termination of Employment (PHK) due to the takeover or closure of the company? And how are the problems and models of the Settlement of Employment Dispute Settlements between workers and employers due to takeover or closure of the company? There are two forms of legal protection to the worker/labor in the Employment Termination (PHK) resulting from the takeover or closure of the company, namely legal protection for workers/laborers against the employer who are unwilling to continue employment and legal protection for workers who are unwilling to continue work relationship. Legal remedies by which the employee may resolve the termination disputes may pass through the Termination Dispute Settlement outside the Industrial Relations Court (non litigation) may be made by settlement through bipartite, arbitration conciliation, mediation. And Termination Dispute Settlement is through Industrial Relations Court.</em></p>

Workers / laborers can get work accident insurance if the employer or company has registered themselves and their workers as participants in the BPJS Ketenagakerjaan program. Based on the results of the study, the conclusion in this study is that the legal relationship between companies and workers based on Labor Law is the relationship between employers and workers/workers based on labor agreements, which have elements of work, wages, and orders and are regulated in Law Number 11 of 2020 concerning job creation. Based on Law Number 11 of 2020 concerning job creation Article 116, Article 117, Article 123 Article 124 and Article 151. One of the obligations of employers is to provide protection and safety for outsourced labor, especially for workers who have had work accidents who perform one job related to employment relations, in accordance with Article 151 Number 1 of the job creation Law Number 11 of 2020 stating employers or workers, unions/trade unions, and the government, with all efforts must try to avoid layoffs. Work accident that occurred in Sujatmiko resulting in defects in the hand, but as a result of the incident Sujatmiko laid off from his workplace, namely PT. PT. BIA without severance pay. Dinasker party gave a summons to PT. BIA. Then there was a bipartite meeting between Sujatmiko and PT. BIA accompanied by PT. KMP running Time 2 weeks finally PT. BIA issued severance pay of Rp.60,000,000 to Sujatmiko provided that the money given to PT. KMP to be channeled to Sujatmiko.

Abstract Industrial Relations Disputes are part of the employment relationship that aims to find solutions to disputes between workers and employers. Industrial relations disputes also occur in outsourcing companies, whether they are resolved bipartitely, tripartitely or through the industrial relations court. In principle, the tripartite dispute resolution is expected to optimize out-of-court dispute resolution for industrial relations disputes, but in reality the tripartite settlement is not considered optimal. This paper is intended to discuss normative juridical issues of dispute resolution at the tripartite level in outsourcing companies, supported by field data from the South Tangerang Manpower Office as supporting data. This data certainly cannot represent the same conditions for similar disputes in the territory the Republic of Indonesia, but it is hoped that it can contribute ideas to the implementation of tripartite industrial relations dispute resolution in outsourcing companies. Based on the normative juridical study, there are not many legal aspects that can examine the challenges of tripartite industrial relations dispute resolution in outsourcing companies, as seen from Law no. 30 of 1999, but with supporting data, the potential obstacles can at least be described from the data obtained at the Tangerang Manpower Office, so that development efforts are needed so that the settlement of industrial relations disputes in general and in outsourcing companies can be carried out more optimally. Abstrak Perselisihan Hubungan Industrial merupakan bagian dari hubungan ketenagakerjaan yang bertujuan untuk mencari solusi terhadap perselisihan antara pekerja dengan pemberi kerja. Permasalahan perselisihan hubungan industrial juga terjadi pada perusahaan alih daya baik yang diselesaikan secara bipartit, tripartit maupun melalui pengadilan hubungan industrial. Penyelesaian Sengketa secara tripartit pada prinsipnya diharapkan dapat mengoptimalkan penyelesaian sengketa diluar pengadilan bagi sengketa hubungan industrial namun kenyataannya penyelesaian secara tripartit dirasakan belum cukup optimal. Tulisan ini ditujukan untuk membahas secara yuridis normatif permasalaha penyelesaian sengketa pada tingkatan tripartit pada perusahaan alih daya dengan didukung data lapangan dari dinas tenaga kerja Tangerang Selatan sebagai suatu data pendukung. Data ini tentu tidak dapat mewakili kondisi yang sama untuk sengketa sejenis di wilayah Negara Kesatuan Republik Indonesia, namun diharapkan dapat memberikan sumbangan pemikiran terhadap pelaksanaan penyelesaian sengketa hubungan industrial secara tripartit pada perusahaan alih daya. Berdasarkan Kajian Yuridis Normatif tidak banyak aspek hukum yang dapat menelaahan tantangan penyelesaian sengketa hubungan industrial secara tripartit pada perusahaan alih daya dilihat dari UU No. 30 Tahun 1999, namun dengan adanya data pendukung, maka potensi kendala setidaknya dapat diuraikan dari data yang diperoleh pada Dina Tenaga Kerja Tangerang, sehingga diperlukan upaya pengembangan agar penyelesaian sengketa hubungan industrial pada umumnya maupun pada perusahaan alih daya dapat terselenggara secara lebih optimal.

Outsourced domestic cleaning service suppliers reconfigure the bipartite employment relationship between employers and domestic workers into a tripartite one between clients (former employers of domestic workers), the management or franchise owners, and domestic employees. While this transformation is attractive to some, outsourcing domestic work involves more than the outsourcing of physical tasks of household cleaning. It also involves the outsourcing of the employment relationship where trust, control and power relations are passed on to the management of the domestic cleaning service suppliers. By taking trust, control and power relations as being reconfigured through outsourcing, this article debates why such reconfiguring might not be convenient for some. By doing this, trust, control and power are conceptualised and how it is perpetuated in a bipartite and tripartite domestic employment relationship. By drawing on 16 in-depth interviews with former clients of a domestic cleaning service supplier in South Africa, this article illustrates that perhaps outsourced domestic services are not an appropriate solution to everyone’s domestic cleaning needs and that some clients expect a particular relationship that is not achieved through outsourcing.

This doctoral research explores the implications for the employment relationship of the intersection between employment relations and customer relations. The context for the research is Australian higher education - specifically those university workplaces which are strongly market focused and where resourcing is inadequate to meet customer expectations. Traditionally, serving one's customer has meant providing goods or services (as requested by the customer) and doing so with courtesy (as defined by social custom). The customer was clearly outside the traditional employment relationship between employer and employee, although a focus of its output. However, in the context of post-Fordist production systems and post-modern values including the rise of consumption, there has occurred an intersection of product and labour markets which has led to changes to the employment relationship and the labour process. The thesis answers the questions: In higher education, does the student-as-customer have significant influence on the organisation of work? If so, does this constitute a reconfigured model of the employment relationship? The rationale for re-examining the employment relationship in the context of changing consumption patterns lies in the search for more extensive explanations of factors which influence the labour process with the suggestion that consumption is of increasing relevance for industrial relations theory and practice (see for example Heery 1993; Frenkel, Korczynski, Shire and Tam 1999a). The growth of a culture of consumption and changing consumption patterns are symptomatic of change which is central to the Australian economy as a whole and to higher education in particular (Usher, Bryant and Johnson 1997; Scott 1995a). In this context the doctoral research explores the social relations involved in the process of Australian higher education as a service encounter. It examines the implications for the organisation of work in particular, and the traditional bipartite employment relationship in general (between employer and employee although it is noted that the state has a peripheral role), of the student's newly constructed status of customer. The research focus is on flexible delivery which is seen as a key strategic response by higher education institutions to meet their perceptions of their customers' needs and wants. Flexible delivery is a pedagogy, a marketing tool and a form of work organisation and is a fertile domain within which to seek the intersection of employment relations and customer relations. In keeping with the labour process ethnographic tradition, this research employs Burawoy's (1991) methodology of Extended Case Method. This doctoral research raises critical issues related to the incongruence between current Australian national research ethics regimes and long established ethnographic methods employing participant observation. The practical consequences of the national research ethics regime for empirical research are explored in the concluding chapter. The data identifies that university managements' preoccupation with customer relations has undermined the traditional employment relationship between employing institution and academic. While the academic employee in the service encounter is engaged in the primary relationship of the bipartite employment relationship, management's incorporation of the student-customer into formal organisational processes which may lead to control over the organisation of work, potentially brings into being a tripartite employment relationship between employee/employer/customer. In such a model, customer relations is no longer merely the output of the employment relationship but a process within it, with customers acting as management's agents of control. This thesis introduces the concept of the customer as partial-employer. The thesis findings challenge the current management paradigm of customer focus as a 'win-win' situation. In Australian higher education customer focused strategies have emerged from managerial assumptions about student-customer needs and wants, specifically those of flexibility and value-for-money. The unintended consequence of these assumptions on the academic labour process has been a significant shift in the balance of power between academic educator and student at the level of the service encounter, with the subjugation of traditional academic authority to the power of the consumer in what has become a market relationship.

This doctoral research explores the implications for the employment relationship of the intersection between employment relations and customer relations. The context for the research is Australian higher education - specifically those university workplaces which are strongly market focused and where resourcing is inadequate to meet customer expectations. Traditionally, serving one's customer has meant providing goods or services (as requested by the customer) and doing so with courtesy (as defined by social custom). The customer was clearly outside the traditional employment relationship between employer and employee, although a focus of its output. However, in the context of post-Fordist production systems and post-modern values including the rise of consumption, there has occurred an intersection of product and labour markets which has led to changes to the employment relationship and the labour process. The thesis answers the questions: In higher education, does the student-as-customer have significant influence on the organisation of work? If so, does this constitute a reconfigured model of the employment relationship? The rationale for re-examining the employment relationship in the context of changing consumption patterns lies in the search for more extensive explanations of factors which influence the labour process with the suggestion that consumption is of increasing relevance for industrial relations theory and practice (see for example Heery 1993; Frenkel, Korczynski, Shire and Tam 1999a). The growth of a culture of consumption and changing consumption patterns are symptomatic of change which is central to the Australian economy as a whole and to higher education in particular (Usher, Bryant and Johnson 1997; Scott 1995a). In this context the doctoral research explores the social relations involved in the process of Australian higher education as a service encounter. It examines the implications for the organisation of work in particular, and the traditional bipartite employment relationship in general (between employer and employee although it is noted that the state has a peripheral role), of the student's newly constructed status of customer. The research focus is on flexible delivery which is seen as a key strategic response by higher education institutions to meet their perceptions of their customers' needs and wants. Flexible delivery is a pedagogy, a marketing tool and a form of work organisation and is a fertile domain within which to seek the intersection of employment relations and customer relations. In keeping with the labour process ethnographic tradition, this research employs Burawoy's (1991) methodology of Extended Case Method. This doctoral research raises critical issues related to the incongruence between current Australian national research ethics regimes and long established ethnographic methods employing participant observation. The practical consequences of the national research ethics regime for empirical research are explored in the concluding chapter. The data identifies that university managements' preoccupation with customer relations has undermined the traditional employment relationship between employing institution and academic. While the academic employee in the service encounter is engaged in the primary relationship of the bipartite employment relationship, management's incorporation of the student-customer into formal organisational processes which may lead to control over the organisation of work, potentially brings into being a tripartite employment relationship between employee/employer/customer. In such a model, customer relations is no longer merely the output of the employment relationship but a process within it, with customers acting as management's agents of control. This thesis introduces the concept of the customer as partial-employer. The thesis findings challenge the current management paradigm of customer focus as a 'win-win' situation. In Australian higher education customer focused strategies have emerged from managerial assumptions about student-customer needs and wants, specifically those of flexibility and value-for-money. The unintended consequence of these assumptions on the academic labour process has been a significant shift in the balance of power between academic educator and student at the level of the service encounter, with the subjugation of traditional academic authority to the power of the consumer in what has become a market relationship.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Business School
Griffith Business School
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