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Muhammad Johar Fathoni
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING Muhammad Johar Fathoni
Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.943 KB) | DOI: 10.20473/mi.v1i2.8834

Abstract

Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.
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