Authors:

Kadek Agus Sudiarawan

Abstract:

“This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting factors in the application of the TUPE principles in the outsourcing companies after the Decision of Constitutional Court were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.”

Keywords

Keyword Not Available

Downloads:

Download data is not yet available.

References

References Not Available

PDF:

https://jurnal.harianregional.com/akuntansi/full-18756

Published

2015-12-30

How To Cite

AGUS SUDIARAWAN, Kadek. PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN).Jurnal Magister Hukum Udayana (Udayana Master Law Journal), [S.l.], v. 4, n. 4, dec. 2015. ISSN 2502-3101. Available at: https://ojs.unud.ac.id/index.php/jmhu/article/view/18756. Date accessed: 08 Jul. 2024. doi:https://doi.org/10.24843/JMHU.2015.v04.i04.p18.

Citation Format

ABNT, APA, BibTeX, CBE, EndNote - EndNote format (Macintosh & Windows), MLA, ProCite - RIS format (Macintosh & Windows), RefWorks, Reference Manager - RIS format (Windows only), Turabian

Issue

Vol 4 No 4 (2015)

Section

Articles

Creative Commons License This work is licensed under a Creative Commons Attribution 4.0 International License