Legal Protection for Outsourced Workers/Laborers Who Experience Job Replacement Due to Not Meeting Qualifications (Case Study at PT Smelting Gresik)

Abstract

Outsourcing is the handing over of work for a company to another party with the aim of reducing the company's burden. This business usually can make benefit for all parties, both the employer company, the outsourcing company and the outsourced workers. The practice of outsourcing, there are still things that are detrimental to the outsourced workforce, especially in terms of one-sided performance evaluation resulting in employee turnover (job replacement) that causing layoffs. The aim of this research is to describe forms of legal protection and legal remedies for outsourced workers who experience job replacement. The research methodology in this research is using the normative juridical method through the statute approach, accompanied by interviews with the employers and the workers to find out more details regarding the outsourcing agreement that occurred, then conducting a legal analysis with a deductive approach. The results of this research are a form of legal protection for outsourced workers who experience employee change or job replacement because they do not meet the qualifications at PT Smelting Gresik, through analysis of applicable autonomous and heterogeneous laws, especially in maintaining work status and obtaining compensation money. The legal remedy that can be taken if they do not get their rights is the industrial relations dispute resolution mechanism.