Perlindungan Hukum Bagi Pekerja Outsourcing Akibat Wanprestasi Perjanjian Bersama Pada PT. X

Setiawan, Mochammad Firmansyah Dwi (2025) Perlindungan Hukum Bagi Pekerja Outsourcing Akibat Wanprestasi Perjanjian Bersama Pada PT. X. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Outsourced workers often face legal issues in the implementation of their employment relationships, particularly when companies fail to fulfill their obligations as stipulated in collective agreements. One common violation is paying wages below the applicable minimum wage, which constitutes a form of breach of contract and is detrimental to workers both economically and socially. This issue raises questions about the extent of legal protection provided to outsourced workers and what legal remedies can be taken when a company breaches its collective agreement. This research was conducted using a normative juridical approach and is descriptive and analytical in nature, examining primary, secondary, and tertiary legal materials through a review of relevant laws and regulations, legal doctrine, and case studies. The research results show that collective agreements that stipulate wages below the minimum wage are in conflict with Article 90 paragraph (1) of Law Number 13 of 2003 concerning Manpower and Article 1320 of the Civil Code concerning the valid conditions of an agreement, and are therefore null and void. Legal protection for outsourced workers is provided through preventive protection, in the form of government regulation and supervision, and repressive protection, through dispute resolution in the Industrial Relations Court. Therefore, strengthening regulations, consistent labor supervision, and increasing legal awareness among workers and employers are necessary to create fair and harmonious industrial relations that guarantee legal certainty for all parties. Keywords: Legal Protection, Outsourcing Workers, Breach of Contract, Collective Agreement, Minimum Wage.

Item Type:

Thesis (Undergraduate)

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