就业创造法后的法律关系状态

Asri Wijayanti
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引用次数: 0

摘要

装卸劳动法律关系的地位在劳动法专家中仍有争议。作为固定员工、外包商、日工或无雇佣关系。本研究旨在分析装卸工人之间的法律关系现状和法律后果,以及装卸工人在没有获得最大权利的情况下可以采取的法律补救措施。这项法律研究使用了法定和案例的方法。经过对实质和程序的分析,研究的结果是装卸工人的法律关系地位,更确切地说,作为日常工人,作为合作社成员。装卸工人与合作社的雇佣关系状态的法律后果是年终剩余经营成果的分享权。装卸劳务劳动的法律后果是按日计算的工资。因社员年会未作规定,故无权领取遣散费、服务奖金、补偿费。如果装卸工人没有得到自己的权利,他们可以采取法律补救措施,向当地地方法院提起违约诉讼。给出的建议是,合作社可以通过合作社成员的年度会议,为篝火装卸工人确立额外的权利,例如应该获得长期就业的权利。& # x0D;
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE LEGAL RELATIONSHIP STATUS OF LOADING AND UNLOADING AFTER THE JOB CREATION LAW
The status of stevedoring labor legal relations is still debated among labor law experts. As a permanent worker, outsourcer, day laborer, or no employment relationship. This study aims to analyze the status of the legal relationship between stevedoring workers and the legal consequences, along with legal remedies that can be taken by stevedoring workers, if they have not received maximum rights. This legal research uses a statutory and case approach. The results of the study after analysis of the substance and procedure are the status of legal relations of stevedoring labor, more precisely as daily workers, and as members of cooperatives. The legal consequence of the employment relationship status of stevedoring workers with cooperatives is the right to share the remaining operating results, at the end of the year. The legal consequence of the loading and unloading labor service work is wages based on daily time units. There is no right to severance pay, service award money, and reimbursement money, because it is not stipulated in the Cooperative Annual Member Meeting. Legal remedies that can be taken by stevedoring workers if they do not get their rights can file a default lawsuit in the local District Court. The recommendation given is that cooperatives can establish additional rights for bonfire loading workers, such as rights that should obtain permanent employment, through the annual meeting of cooperative members.
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