Legal Protection of Outsourced Workers/Laborers in the Issue of Termination of Employment According to Labor Law (Case Study of Case Number 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst)
Authors:   Master of Law, Faculty of Law, University Pembangunan Nasional “Veteran” Jakarta, Faisal Muhammad , Sakti Muthia ,   Master of Law, Faculty of Law, University Pembangunan Nasional “Veteran” Jakarta, Winanti Atik ,   Master of Law, Faculty of Law, University Pembangunan Nasional “Veteran” Jakarta
Published: December 2024

Termination of employment (PHK) is the termination of employment caused by a certain thing and has an impact on the termination of rights and obligations between workers and the company. PHK itself causes a lot of injustice, especially for outsourcing workers who have unclear employment relationships. There are many deviations in the application of the Fixed Term Employment Agreement (PKWT) work contract, causing the employment relationship to change into an Indefinite Term Employment Agreement (PKWTT) and the implementation of PHK which should be carried out by the recipient company and the outsourcing company. This research method uses a normative legal approach, so the research approach used in this study is the Statute approach, the Case approach and the Conceptual approach. Legal protection in this case is a form of work that is permanent and continuous and is not a job that is finished once or is temporary in nature, so it must change its status to PKWTT and is entitled to PHK Rights. Protection of Workers/Laborers, Wages and welfare, working conditions, and disputes that arise are implemented at least in accordance with the provisions of the law and are the responsibility of the outsourcing company, but because the PKWT is not based on law, it is therefore null and void so that all agreements between workers and outsourcing companies are set aside and all Worker/Laborer Rights and payment of wage shortfalls below the UMP become the responsibility of the company where they work. Therefore, the agreement between company the employee service provider and the employing company is also considered to have never occurred. The ambiguity regarding the limitations of work seems to be considered to expand the scope of outsourcing work and eliminate the guarantee of permanent job certainty or indirectly eliminate the guarantee that workers can work as permanent employees. The initial concept of outsourcing must be work that is not directly related to the production process, so this outsourcing concept is no longer appropriate. Maximum firmness is needed from the Manpower Service in providing legal protection and supervision to outsourced workers so that problems of deviations in standard PKWT employment contracts no longer arise, causing the employment relationship to change to PKWTT. The form of an outsourcing work agreement does not contain an element of order because the company providing worker services does not have the authority to give orders at all. The authority to give orders lies with the company using the outsourcing service, namely where the worker works, so that problems do not arise in the future. The government requires provide definite and clear regulations to provide legal protection for outsourced workers.