TINJAUAN YURIDIS PERJANJIAN KERJA TENTANG HUBUNGAN KERJA FLEXIBLE WORK (STUDI KOMPARASI ANTARA INDONESIA DAN INGGRIS)

Ramadan, Khomarudin Gilang (2025) TINJAUAN YURIDIS PERJANJIAN KERJA TENTANG HUBUNGAN KERJA FLEXIBLE WORK (STUDI KOMPARASI ANTARA INDONESIA DAN INGGRIS). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Flexible work is a work system that provides flexibility to both employees and employers in determining the time, place, and method of work. However, the absence of comprehensive regulation in Indonesia’s positive law has led to flexible work agreements still relying on the principle of freedom of contract as stipulated in Article 1338 of the Indonesian Civil Code (KUH Perdata). This often results in an imbalance in bargaining positions between employees and employers. In contrast, the United Kingdom has established a robust legal framework, such as the Employment Rights Act 1996, the Flexible Working Regulations 2014, and the 2023 Amendment, which grant employees the right to request flexible working arrangements from the first day of employment. This study aims to analyze the comparative forms of flexible work agreements and their legal protections in Indonesia and the UK. The research method used is normative juridical, employing statutory, conceptual, and comparative approaches. Data is obtained through literature review of various laws and regulations, legal literature, and corporate employment agreements. This study also analyzes a case study of a flexible work agreement in Indonesia through the practice of Mazarzo company and compares it with practices in UK-based companies such as Vodafone and INS Global. The research findings indicate that the form of flexible work agreements in Indonesia is still unilaterally determined and often does not meet the formal requirements of an agreement as stipulated in Article 1320 of the Indonesian Civil Code. Meanwhile, in the UK, the legal framework provides systematic protection and facilitates more balanced contractual negotiations through the right to request principle.

Item Type:

Thesis (Undergraduate)

Contributors: