Analisis Hak Dan Kewajiban Para Pihak Dalam Pengalihan Hubungan Kerja Pada Putusan Nomor 86/Pdt.Sus-PHI/2015/PN.Mdn = Analysis of rights and obligations of every parties on a employment relation transfer on case number 86/pdt.Sus-phi/2015/pn.Mdn

Tan, Federico Thimoltius (2020) Analisis Hak Dan Kewajiban Para Pihak Dalam Pengalihan Hubungan Kerja Pada Putusan Nomor 86/Pdt.Sus-PHI/2015/PN.Mdn = Analysis of rights and obligations of every parties on a employment relation transfer on case number 86/pdt.Sus-phi/2015/pn.Mdn. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Worker has existed for a very long time in human civilization, although history are more likely to knew them as a slaves. They were only used as goods or objects that have lost their rights as human beings. Today, there are no longer slavery as people are more aware about human rights. But still, in a employment relation between a worker/labouer and an employer, their relation is not fair. There’s still cases where worker/lobouerer got their work agreement terminated, because they fight for their rights. In this case (Putusan No. 86/Pdt.Sus-PHI/2015/PN.Mdn), originally the plaintiff was working for the first defendant, and then he was transfered to Yayasan Kesejahteraan Keluarga Bank Pembangunan Daerah Sumatera Utara as an outsourcing worker that works at first defendant. Then the plaintiff was transfered once again to the second defendant with the same job and place as an outsourcing worker. There is at least two times where the plaintif got its work relation transfered until his work relation terminated. It is important to analyze every parties rights and obligations to know wether the plaintif have a fair and just work relation. The research methodology used for this research is a normative research, using secondary type data with a qualitative analysis method, and using statute and case approach. In this research, writer finds that ¬¬¬the work agreement between worker and every employer are made for a specified period of time. Unfortunately, this agreement has violate the manpower act of Indonesia, and by law become a work agreement for unspecified period of time. As a result, the plaint have the rights of 17 years of compensation. The first and second defendant are also obliged to pay the compensation together.

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