Efektivitas Penerapan Perjanjian Kerja Tidak Tertulis Antara Pemberi Kerja Dan Pekerja Di Kota Lewoleba Kabupaten Lembata

LANGOBELEN, Oktofian Ama Dudeng (2023) Efektivitas Penerapan Perjanjian Kerja Tidak Tertulis Antara Pemberi Kerja Dan Pekerja Di Kota Lewoleba Kabupaten Lembata. Undergraduate thesis, Universitas Katolik Widya Mandira Kupang.

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Abstract

From the author's research data, there are five trading companies in Lewoleba City, Lembata Regency that service employment relationships with unwritten or verbal employment agreements, where workers can only work on one agreement. Workers are granted a probationary period, but are paid less than the applicable minimum wage, working hours are also not in accordance with the original agreement when applying for a job, and workers are also given overtime hours that are not in accordance with the agreement. According to the author's research data, many imbalances occur in work relationships that are unwritten/oral. Therefore, the aim of this study is to find out unwritten labor agreements between employers and employees in the city of Lewoleba, Lembata Regency, examine the effectiveness of implementation and examine the legal force. The type of research is empirical legal research, i.e. research with field data as the main data source, such as the results of interviews and observations. Findings and discussions gleaned from this study concern the effectiveness of the implementation of unwritten employment agreements and the legal force of unwritten/verbal employment agreements. Based on the responses from employers and employees in the 5 trading companies, consisting of 5 employers and 5 employees, it was examined that the agreements made in an unwritten/verbal employment agreement were invalid. The invalidity of the implementation of the employment agreement is examined based on the Law No. 13 of 2013 on Employment, Contract Theory and Theory of Legal Validity according to Soejono Soekanto based on two factors, namely the legal factor itself and community factors. The conclusion is that the implementation of unwritten labor agreements between employers and workers in Lewoleba city is not effective as employers always deny what has been promised and in the end workers' rights are not properly fulfilled. Employment contracts concluded in writing or verbally, without being private agreements or agreements with authentic documents, are still recognized and legally implemented based on the agreement of the parties, but they have disadvantages, especially in terms of probative value. The author proposes that the community must use a written employment agreement when conducting employment relationships, and that the use of an “oral” agreement (Article 51) or an “unwritten” agreement (Article 57), referred to as an “indefinite-term employment agreement” in Law No. 13 of 2003 on labor challenges, must emphasize its content as one of the legitimacy of acts with permanent legal force, so that its understanding and application need not be done without evidence of written documents.

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