KARYAWAN KONTRAK DALAM UNDANG-UNDANG CIPTA KERJA

Summary

In this video, the speaker delves into the significant changes brought about by the Omnibus Law (Cipta Kerja) in Indonesia, particularly focusing on contract workers. They explain the legal distinctions between fixed-term and indefinite-term employment contracts, the implications of recent law changes, and the rights of workers upon the expiration of their contracts. The discussion also highlights key legal updates, including the prohibition of oral fixed-term contracts and the criteria for contract-based jobs. The video provides a thorough overview of the current labor laws, addressing both employers' and workers' perspectives.

Takeaways

• 😀 The Omnibus Law (Cipta Kerja) has significantly impacted labor regulations in Indonesia, especially regarding contract workers (karyawan kontrak) and permanent workers (karyawan tetap).
• 😀 There are two main types of employment contracts: temporary (PKWT) and permanent (PKWTT), each with distinct legal implications for workers and employers.
• 😀 Under the 2003 Labor Law (Article 56), a temporary contract (PKWT) is defined as a fixed-term agreement, while a permanent contract (PKWTT) is for indefinite employment.
• 😀 The Omnibus Law (Law No. 11 of 2020) changed the legal framework, particularly eliminating the ability to create verbal temporary contracts, which previously allowed workers to shift to permanent status automatically.
• 😀 The Omnibus Law removes the penalty previously attached to verbal temporary contracts, meaning no automatic conversion to permanent status if a verbal contract is used.
• 😀 Probation periods are only permitted for permanent contracts (PKWTT), not temporary contracts (PKWT). The law prohibits probation clauses in temporary employment agreements.
• 😀 The law specifies that only certain types of work can be under temporary contracts, including seasonal jobs, projects with a clear timeline, and work related to new products or trials.
• 😀 If a temporary contract (PKWT) is used for work outside these specified categories, it automatically becomes a permanent contract (PKWTT), offering the worker more job security and benefits.
• 😀 Workers on temporary contracts are not entitled to severance pay when their contract ends, unlike permanent workers, who are entitled to compensation such as severance pay and work recognition.
• 😀 The discussion also addresses how employers and employees must adapt to these evolving labor regulations, ensuring legal compliance when using temporary versus permanent contracts.
• 😀 The video aims to raise awareness about workers' rights, particularly the legal differences in job security, benefits, and the implications of contract types under the current labor laws.

Q & A

What is the main focus of the video discussed in the transcript?

The video focuses on the changes brought by the Omnibus Law (Cipta Kerja) in Indonesia, particularly in relation to contract employees and their rights under the new regulations.

What are the two types of employment contracts mentioned in the video?

The two types of employment contracts are 'perjanjian kerja waktu tertentu' (PKWT), or fixed-term contracts, and 'perjanjian kerja waktu tidak tertentu' (PKWTT), or permanent contracts.

What does the term 'karyawan kontrak' refer to in the Indonesian labor law?

'Karyawan kontrak' refers to contract employees who are bound by a fixed-term employment contract (PKWT), as opposed to permanent employees under a PKWTT contract.

What significant change did the Omnibus Law introduce regarding verbal contracts?

The Omnibus Law removed the provision that allowed verbal contracts for fixed-term employment. Now, all fixed-term contracts must be written, with no legal consequences for verbal agreements.

Can a contract employee have a trial period according to Indonesian labor law?

No, under Indonesian labor law, trial periods are not allowed for fixed-term contracts (PKWT). Trial periods are only allowed for permanent contracts (PKWTT), and they can last up to three months.

What types of jobs can be classified under a fixed-term contract (PKWT)?

Fixed-term contracts can be used for jobs that are temporary, seasonal, or related to new or experimental products. They can also apply to jobs with uncertain or short-term durations.

What happens if a fixed-term contract is used improperly, according to the law?

If a fixed-term contract is used for a job outside the legally allowed categories, it will automatically convert into a permanent contract (PKWTT), with the employee gaining permanent status.

What is the impact of the Omnibus Law on the rights of contract employees regarding the end of their contract?

The Omnibus Law has made significant changes regarding the rights of contract employees. One of the key issues is the reduced protection for contract workers, such as the absence of automatic transition to permanent status after a certain period.

How does the Omnibus Law affect the duration of fixed-term employment contracts?

The Omnibus Law allows more flexibility in the use of fixed-term contracts, but it also limits the types of jobs that can be covered under such contracts. It defines specific criteria, such as seasonal or temporary work, that can justify fixed-term agreements.

What must be included in a fixed-term contract according to Indonesian labor law?

A fixed-term contract must be written in Indonesian, use Latin script, and outline the specific job role, duration, and conditions of employment. It must meet the legal requirements to be considered valid.