司法审查没有书面雇佣协议的雇佣关系的法律地位

Anak Agung Sagung Ngurah Indradewi, Ni Luh Ade Krisnatalingsih
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引用次数: 0

摘要

以口头形式订立的劳动协议与2003年第13号法关于就业的规定,即第51条第1款的规定不相冲突,即劳动协议以书面或口头形式订立。研究的目的是考察在没有书面雇佣协议的雇佣关系中,工人的法律地位,以及在没有书面雇佣协议的情况下,工人权利的实现对工人和工人的法律保护。本研究使用的研究类型是规范法律研究。法律资料的来源有一级法律资料来源和二级法律资料来源。根据劳动法的观点,没有书面雇佣协议的雇佣关系的法律地位具有强大的法律地位,只要它不与就业协议的法律条件相冲突,如2003年关于就业的第13号法第52条第(1)款所规定的那样。由于没有书面雇佣协议的雇佣法,如果雇佣协议的类型是口头形式的特定时间工作协议,那么身份就变成了非指定时间工作协议,如果雇佣协议的类型是非指定时间工作协议,那么雇主有义务向有关工人/劳工发出聘任书,使其成为正式工人。口头劳动协议未能为工人提供充分的法律保护,可能损害工人和工人履行其作为工人的权利和义务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
JURIDICAL REVIEW OF THE LEGAL POSITION OF EMPLOYMENT RELATIONS WITHOUT A WRITTEN EMPLOYMENT AGREEMENTS
Work agreements made in oral form do not conflict with the provisions of Law Number 13 of 2003 concerning Employment, i.e. contained in the provisions Article 51 paragraph 1, i.e. employment agreements are made in writing or verbally. The research aims are to examine the  legal position of the worker in the employment relationship without a written employment agreement and the legal protection of workers and workers against the fulfillment of workers' rights in employment without a written employment agreement. The type of research used in this study is normative legal research. The source of legal material came from primary and secondary legal material source. The legal position of employment relations without a written employment agreement based on the perspective of labor law has a strong, legal position as long as it does not conflict with the legal conditions of the employment agreement, as provided for in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Employment. As a result of the law of employment without a written employment agreement, if the type of employment agreement is a Specific Time Work Agreement made in oral form, then the status changes to an Unspecified Time Work Agreement and if the type of employment agreement is an Unspecified Time Work Agreement then the employer is obliged to issue a letter of appointment to the worker/labor concerned to become a permanent worker. Verbal work agreements have not been able to provide full legal protection to workers, potentially harming workers and workers to the fulfillment of their rights and obligations as workers.
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