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All Journal Hasanuddin Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Hajdú, József
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Law, Crime, Criminology & Criminal Justice

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Digital Labour Platformer’s Legal Status and Decent Working Conditions: European Union and Indonesian Perspective Rahman, Rofi Aulia; Hajdú, József; Nathanael, Valentino
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10366

Abstract

This article aims to provide the recent court decision on legal status and working conditions for the gig worker in European Union as well as a lesson for Indonesia through the EU’s notion on gig workers. The European Union (EU) Commission enacted in 2021 a draft Directive proposal to ensure Europe's gig (platform) workers enjoy the same labour rights as other traditional employees. This article employs doctrinal legal research with statutory and comparative approach, as well as court decision are considered as the main basis to protect gig workers. The result shows that the drafts Directive to ensure Europe’s gig workers is relied on Articles 16 and 153 (1)(b) of the Treaty on the Functioning of the EU (TFEU), on data protection and working conditions, respectively. It has the advantage of giving certainty about the minimum requirements and procedural obligations that Member States must apply in platform work relations. Courts of several EU MSs, including Belgium, France, Greece, Italy, the Netherlands, Portugal, Spain, and the UK, already ruled in favour of platform workers not qualifying as self-employed, obliging platforms to reclassify them as employees. Meanwhile, Indonesia's perspective on gig workers remains vague, and the minimal standards for gig workers are unbalanced in comparison to the EU's perspective on gig workers. This article introduces the main notions and provisions of the proposed EU platform work Directive and analyses the current conditions and legal framework of Indonesia in handling the issue of gig workers.
The New European Union Whistleblowing Directive: In Comparison to Indonesia’s Practice Hajdú, József; Rahman, Rofi Aulia
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.3321

Abstract

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS’s public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU’s supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive’s main features and some presumable obstacles for implementation. The hypothesis is that the new Directive might enhance the fairwork-place environment, roll back fraud and corruption, reduce work-related wrongdoing and manage equal treatment and no- discrimination policy including bullying and sexual harassment. However, some theoretical and pragmatic discrepancies will be introduced as well.
Co-Authors Nathanael, Valentino Rahman, Rofi Aulia