PENGATURAN PERJANJIAN KERJA TERHADAP LARANGAN MENIKAH DALAM MASA KONTRAK

• Main Author: Mayrina Dwiyanti, (Author)
• Format: Book
• Published: Fakultas Hukum Universitas Udayana, 2021-02-26.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/10551/1/1710611107_ArtikelKI.pdf
• Keywords: K Law (General)

This study aims to examine the validity of the work agreement which contains a clause the prohibition of married workers to the constitutional rights of citizens and labor law as well as national legal views regarding these clauses which are related to the privacy rights of a worker. This study is normative legal research with a statutory approach and conceptual approach. Data analysis was carried out using descriptive-qualitative. The result of this study: 1) a clause that prohibited married workers during the contract period of the work agreement is not legally null and void, provided that it doesn't contain sanctions in the form of termination of employment for that matter. However, if a clause is accompanied by a sanction in the form of termination of employment, then such clause and its implementation are declared null and void, so it is mandatory to restore the situation; 2) a clause that prohibits workers from married considered to have less relevance to guaranteeing the privacy of a worker and is also inconsistent with the norms in Article 28D of the 1945 Constitution, Article 38 paragraph (1) and (2) Law No. 39 of 1999 concerning Human Rights, Article 6 paragraph (1) Law No.11 of 2005 concerning Ratification of International Covenant on Economic, Social, Cultural Rights, Article 153 paragraph (1) of law No. 13 of 2003 concerning Manpower, and Article 2 paragraph (4) letter d Kep-150 / MEN / 2000 concerning the Settlement Termination of Employment and the Determination of Severance Pay, Remuneration for Working Period and Compensation at Companies.