Perjanjian Kerja Untuk Anaka Dibawah Umur Menurut Ketentuan Pasal 69 Undang-undang Nomor 13 Tahun 2003 tentang Ketegaan

Prasetyo, Tonang (2019) Perjanjian Kerja Untuk Anaka Dibawah Umur Menurut Ketentuan Pasal 69 Undang-undang Nomor 13 Tahun 2003 tentang Ketegaan. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Everyone needs an interaction or relationship with others, both for the employer and for the worker. This relationship is known as work relations. According to Article 1 number 15 of Law No. 13 of 2003 concerning Manpower, work relations are relations between employers and workers based on work agreements, which have elements of workers, wages, and orders. The Manpower Act explains that in a work relationship between workers and employers is made based on work agreements both in writing and verbally. The employment agreement is stated in Article 50 of the Manpower Law which states that employment relations occur because of the employment agreement between employers and workers. The contents of the work agreement may not conflict with company regulations, collective labor agreements and applicable laws and regulations, meaning that if the company has rules or collective labor agreements, the contents of the work agreement, both quality and quantity cannot be lower than company regulations or agreements joint work in the company concerned. A work agreement arises based on a union between two parties that unites or binds itself to an interest. The principle in an agreement must be based on an element of willingness / blessing and no coercion is permitted. Agreements are made must be based on agreement from both parties. Whereas, based on Article 69 of the Manpower Law which approves is another person or parent/guardian in an agreement that will be made. This is contrary to the Personality Principle in the agreement, can be seen in Article 1315 and Article 1340 of the Civil Code which basically states that a person cannot hold an agreement or agreement other than for himself. Whereas in Article 1340 the Civil Code of the agreement applies only between the parties who made it. With such a statement, it means that the Personality Principle is not absolute in the employment agreement in accordance with Article 69 of the Manpower Act. The entry into force of the personality principle emerges, namely by derdenwerking or agreements valid for third parties. This is what can be applied in Article 69 of the Manpower Law.

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