Friday, January 14, 2011

legal issues in the field of employment

Agreement on the set work in employment law can be individualized (PK) and collective (PKB). Work agreement was made because of the employment relationship with the elements there are jobs, wages and orders (Article 1 number UU RI No. 15. 13 of 2003). Based on Burgerlijk Wetboek (BW), PK and PKB serves as a binding legal (normative) which contains the rights and obligations of the parties to an agreement.

Thus if one party can sue to defaults or dispute. Normative rights disputes as has been agreed under the Law No. 2 of 2004 concerning Industrial Relations Disputes Settlement (PPHI) made through or by Bipartit, Mediation (to dispute the rights, interests, termination, disputes between the SP in one company), conciliation (for conflicts of interest, termination, disputes between the SP in a single company) and Arbitration (conflict of interests between the SP and in one company).

Settlement of normative rights through the Industrial Relations Court under Law No. 2 In 2004, the judicial procedure used was a civil procedural law. A dispute can be continued level of Industrial Relations Court after Bipartit and settlement through mediation, excluding a dispute that is or has been resolved by the arbitrator. Industrial Relations Court over the dispute is the right decision the first level, so the decision can be appealed.

Normative rights that arise because of the legislation is a minimum standard that must be implemented by all parties. In general, the rights raised by legislation is equipped with (a) criminal penalties. If there are not implementing the normative rights contained in the legislation to restore the balance, the state must take steps to make enforcement.

One effort in law enforcement of the regulations that contain criminal sanctions with an investigation under Law No. 8 of 1981 on the Criminal Procedure Code. Procedural law of criminal procedure used is in accordance with Article 6 paragraph (1) Law No. 8 Year 1981 jo b of article 182 paragraph (1) of Law No. 13 of 2003 provided authority Supervisors Employment khusu as PPNS, however, in supervision of manpower known 3 (three) approaches in law enforcement, namely educative preventive, repressive and repressive non justitia justitia.

There are times (most or many) of a PK or PKB, containing or material re-establish the laws and regulations which have criminal sanctions. Our view should be placed to the existence of a normative violation of the rights that have been arranged in the legislation, does not consider whether the agreement right back in the PK or PKB. However, steps to restore balance to be done.

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