PERLINDUNGAN HUKUM BAGI PEKERJA DALAM FLEKSIBILITAS HUBUNGAN KERJA

JOKO ISMONO, 031170114 (2018) PERLINDUNGAN HUKUM BAGI PEKERJA DALAM FLEKSIBILITAS HUBUNGAN KERJA. Disertasi thesis, Universitas Airlangga.

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Abstract

Flexibility in labour relations become one of the most important issue in labour law nowadays. Flexibility in labour relations refers to the capacity to adapt as fully as possibles to changes in an environment. It is also refers to a strategy where an enterprise can adjust the number and type of workers it employs, alongside wage levels, as market conditions change. The debate over the merits and dangers of the flexibility in labour relations creating a rift between employers and economist who believe that increased flexibility in labour relations will attract more investment and create employment opportunities, and the labour movement who strongly rejected this strategy, arguing that increased flexibility will worsen workers social economic conditions and undermine the collective strength of labour. This research aims to find the principles, concepts, norms of labour law regarding the issue of flexible labour relations, and to analyze the applications of them in labour court decisions relating to the cases of flexible labour relations. The type of this research is a legal research, with four approaches namely statute approach, conceptual approach, comparative approach, and case approach. From this research, it is found that universal legal principle in labour law concerning flexible labour relations is principle of labour protection. This principle complemented with principle of non discrimination. The principle is manifested into flexicurity as a concept that promotes a combination of flexible labour market and adequate security. Flexicurity can also help provide an answer to the dilemma on how to maintain and improve competitiveness while reinforcing the social security model. The main object of labour law has always been and will always be to act as a countervailing force to counteract the inequality of bargaining power which is inherent in the employment relationship. Labour law must actively protect workers from exploitation and discrimination and must recognise a legitimate role for unions to represent workers interest collectively.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis. H. 28-18 Ism p
Uncontrolled Keywords: flexibility, labour relations, labour protection
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1700-1973 Social legislation > K1701-1841 Labor law
Divisions: 03. Fakultas Hukum > Doktoral Ilmu Hukum
Creators:
CreatorsNIM/NIDN
JOKO ISMONO, 031170114UNSPECIFIED
Contributors:
ContributionNameNIDN/NIDK/NUP
ContributorY. Sogar Simamora, Prof. Dr., S.H., M.Hum.UNSPECIFIED
ContributorM. Hadi Shubhan, Dr., S.H., M.H., C.N.UNSPECIFIED
Depositing User: Tatik Poedjijarti
Date Deposited: 18 Oct 2018 16:49
Last Modified: 18 Oct 2018 16:49
URI: http://repository.unair.ac.id/id/eprint/74897
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