Legal Certainty for the Provision of Employee Services as the Intent of Protection of Labor Rights based on Labor Rights and Its Implementation in PT. Semen Padang

Abstract

Outsourcing was born as a side effect of the implementation of business process reengineering (BPR). Another problem that arises from outsourcing practices is the elimination of labor rights by employers. Based on the Constitutional Court Decision (MK Decision No. 27 / PUU-IX / 2011), the Court emphasized that Outsourcing is a reasonable business policy of a company in the context of business efficiency. However, workers who carry out work in an outsourcing company may not lose their rights which are protected by the constitution. Following up on the Constitutional Court Decision, the Ministry of Manpower and Transmigration has issued Circular Letter Number B.31 / PHIJSK / I / 2012 concerning Implementation of the Constitutional Court Decision Number 27 / PUU-IX / 2011 dated January 17, 2012. Based on this, there are 3 (three ) The legal issues that the author will examine are: (1) How is the suitability of the implementation of the provision of worker services at PT. Semen Padang with the applicable law; (2) How to fulfill workers' rights in the implementation of Worker Service Provision at PT. Semen Padang; and (3) What are the negative and positive consequences of the implementation of the Provision of Worker Services on workers' rights at PT. Semen Padang. This exploratory research reveals how the application of legal norms from Law Number 13 of 2003 concerning Manpower and Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Requirements for Submission of Part of Work Implementation to other companies at PT. Semen Padang. From the results of the study concluded that: (1) Implementation of the provision of employee services at PT. Semen Padang has not complied with the applicable law. On the one hand, PT. Semen Padang has implemented the provisions of Article 66 paragraph (3) of the Manpower Act. PT. Semen Padang has set one of the most basic requirements, namely the vendor must have an Operational Permit (SIO) for Manpower Providers issued by the Department of Manpower (Disnaker) of West Sumatra Province. PT Semen Padang has also complied with the provisions of Article 17 Paragraph (3) of the Regulation of the Minister of Manpower and Transmigration No. 19 of 2012. On the other hand, PT. Semen Padang still uses worker service providers for jobs that are not regulated in Article 17 of the 2012 Minister of Manpower Regulation or even doing work that should be done by employees of PT Semen Padang itself; (2) The fulfillment of the rights of outsourcing workers at PT Semen Padang has been carried out quite well, where this can be proven by PT Semen Padang providing legal protection to Outsourcing Workers through the Decree of the Board of Directors of PT.Semen Padang No. 0000143 / HK.00.02 / SKD / 50003853/3000 / 12.2017 dated 21 December 2017 concerning Changes in the Value Structure of PT Semen Padang's Outsourcing Labor Contract, and (3) Implementation of Provision of Worker Services at PT. Semen Padang has negative consequences and positive consequences. The negative consequence is the high level of jealousy of the outsourcing workers towards organic workers, both in terms of the type of work performed, the uniforms worn, and differences in workers' rights. One of the positive consequences of employing outsourcing workers, labor costs can be reduced in one way through the provision of worker services.