Applying the Principle of Freedom of Contract in the Making of Work Agreement Between PT Sumberdaya Dian Mandiri and Outsourcing Workers of PT Bank Mandiri (Persero) Tbk Padang

Abstract

This study applies an empirical juridical research approach that is more focused on problem solving to examine the implementation of the law from the regulations governing it; especially reviewing the standard agreement documents using the principle of freedom of contract, the consensual principle, and the principle of good faith and propriety which can be concluded from the Articles concerning related agreements, as well as the regulations governing the work agreement of PT Sumberdaya Dian Mandiri regarding the provision of outsourcing services for PT Bank Mandiri (Persero) Tbk Padang. The results of the study show that there is no clear understanding of outsourcing in the Law; but it only contains the provisions of the work agreement, collective labor agreement, worker service agreement, and work contract agreement. However, in this case, the outsourcing work agreement did not apply the full freedom of contract principle in which Nining Sri Rahayu and Regina Aulia Ansori were only asked to sign a work agreement draft prepared by PT Sumberdaya Dian Mandiri. In addition, this agreement had fully implemented a balanced consensual principle in which Nining Sri Rahayu and Regina Aulia Ansori had the choice to accept or reject the contents of the agreement. However, the difficulty in finding a job resulted in Nining Sri Rahayu and Regina Aulia Ansori choosing to sign the agreement. Thus, the rights of outsourcing workers are not fully guaranteed by the outsourcing company.