Obstacles In the Implementation of Employment Agreements Between Workers and Employers In The Working Relationship

Abstract

The employment relationship specifically includes the relationship between workers and employers as parties that interact directly in the production process of goods and services. Law No. 13 of 2003 on Employment emphasizes that the employment relationship is the relationship between employers and workers based on a work agreement that contains the terms of work, rights, and obligations of the parties. The initial regulations regarding the rights and obligations of the parties are outlined in the work agreement. All agreements have general provisions that apply to all types of agreements, namely regarding the principles of agreements, the validity requirements of agreements, and the subjects and objects of agreements that adhere to general civil law provisions. The employment agreement governs the rights and obligations of the workers and the employers, created by the employer as an initial agreement in forming an employment relationship, thus generally being unilateral. However, in reality, the position of workers is highly dependent on the employment agreement, making their position sociologically very vulnerable to discrimination due to the nature of such agreements, especially in the event of a violation of the employment agreement. This research method uses literature study to examine the legal status of employment agreements under the Labor Law. Additionally, it outlines the obstacles faced by parties in understanding and implementing the Employment Agreement that lead to non-compliance with the employment agreement in the employment relationship. Therefore, it is necessary to elaborate on these obstacles to achieve a harmonious working relationship.