COMPARATIVE ANALYSIS OF EMPLOYMENT LAW AND IMPLEMENTATION OF EMPLOYMENT CONTRACTS IN THE CONSTRUCTION SECTOR: A GLOBAL PERSPECTIVE
Creators: name: Bagus Satrio Utomo P
name: FX. Joko Priyono
name: Nanik Trihastuti
Publisher: name: Zenodo
Year: 2024
Subjects: Employment Contracts, Construction Sector, Thematic Analysis, Literature Review.

description: Abstract

Purpose – The purpose of this legal research is to analyze the implementation of employment contracts in the construction sector across various countries and evaluate the influence of laws and regulations in each country on this implementation. Design/methodology/approach –This research is rooted in a combined legal and empirical framework. A rigorous literature review forms the foundation, aiming to decipher the laws, regulations, and prevailing practices related to employment contracts in the construction sectors of diverse countries. To supplement this foundational review, the study employs a thematic analysis approach, a recognized method in social research for identifying and organizing patterns within data. This involves drawing insights from qualitative data obtained through in-depth interviews with key industry stakeholders. Findings – The results of the research indicate significant differences in the implementation of employment contracts in construction projects across various countries, particularly in the areas of workers' rights and obligations, wage payment systems, and worker satisfaction. The laws and regulations in each country play a vital role in shaping these differences. Challenges related to precarious employment, informal employment, and misclassification of workers as independent contractors also persist in many countries. Research limitations/implications – This study, although thorough, is circumscribed by its methodological approach and the select number of countries analyzed. Consequently, the findings might not encompass all intricacies of the global construction sector. Future investigations should broaden the geographical scope and possibly integrate varied methodologies for a more encompassing perspective on employment contract dynamics in this sector. Originality/value – This research offers a novel exploration of a specific facet of employees' rights within the broader realm of employment contracts in the construction sector: the right to safe working conditions. By delving into how various countries implement and uphold this right in the construction sector, this study underscores the universal significance of safety standards and regulations. It not only provides a comparative analysis but also bridges the gap between general employment laws and specific issues faced by construction workers, highlighting the need for more sector-specific policies and practices to ensure their safety and well-being. Practical implications – This study provides valuable insights for key participants within the construction industry. Policymakers can utilize the research findings to enhance and solidify employment legislations. Construction firms can understand and adapt their employment agreements, ensuring they are not just comprehensive, but also grounded in the real-world experiences of their workers. This adaptation can lead to increased job satisfaction among workers, which, in turn, can positively influence the overall success of projects. Workers, equipped with the knowledge from this study, can more effectively advocate for their rights and monitor the industry's adherence to labor laws. Social Implications – On a wider scale, the study offers insights into societal challenges within the construction sector. By examining employment conditions across various countries, the research highlights the discrepancies and difficulties many workers face. This comparison underscores the vital role of legal frameworks in providing consistent, equitable work environments. The findings reinforce the shared responsibility of ensuring that workers, regardless of geographical location or cultural background, are afforded just working conditions.