Furthermore, regarding the sense of an agreement, there are more opinions Subekti he stated that an agreement is an agreement between a worker with an employer, an agreement which is characterized by traits for a wage or salary of certain agreed upon and the existence of a relationship in peratas (Dutch "dierstverhanding" ) is a relationship based on which one party (the employer) entitled to give orders that must be obeyed by the other party (workers). (Subekti, Assorted Treaty, (Bandung: Alumni Publishers, 1977), p. 63.)
Employment agreement which is based on the notion of Law Number 13 Year 2003 on Employment does not mention the form of written or oral agreement; as well as to the time period specified or sebagaiman not previously regulated in Law Number 25 Year 1997 on Manpower. (Then Husni, op.cit., P. 55.)
For employment agreement is not requested specific forms. So it can be done orally, with a letter of appointment by the employer or in writing, the letter of agreement signed by both parties. The law only stipulates that if the agreement was held in writing, mailing costs and other additional costs must be borne by the employer. Moreover, the agreement held verbally, agreements made tertulispun usually held briefly once, do not contain all the rights and obligations of both parties.
As part of the agreement in general, the employment agreement should qualify the validity of the agreement as set out in pasl 1320 Civil Law (KUH Per). This provision is also contained in article 52 paragraph 1 of Law No. 13 of 2003 on
Employment which states that an agreement was made on the basis of:
Agreement of both parties;
The ability or competence to take legal actions;
The existence of job dijanjkan;
Promised jobs should not be contrary to public order, morality, and the provisions of the legislation in force.
Agreement of both parties, commonly called the agreement for which is joined to the point that the parties entered into an agreement to be agreed or agreed working, loyal alliance regarding matters diperjanjkan. What is desired that the desired one party to another. The workers accept a job offer, and employers accept these workers to be employed.
Ability or prowess both parties made a pact meant the skilled workers and employers to make arrangements. A person is deemed competent to make arrangements if those concerned are of legal age. Provisions of labor law gives a minimum age limit of 18 years (Article 1 paragraph 26 of Law No. 13 of 2003 on Labour). Moreover a person is competent to make an agreement if the person is not mentally disturbed or insane.
The existence of the contracted work, in terms of Article 1320 KUH Per is a particular case. The contracted work is the object of the employment agreement anatar workers with employers, the legal consequences created rights and obligations of the parties.
Object of the agreement (work) should be permitted that should not be contrary to law, public order and decency. This type of work agreed upon is one element of an agreement that should be mentioned clearly.
The four conditions are cumulative meaning that must be met everything new can be said that the agreement is valid. Conditions of free will of both parties and the ability or competence of both parties in making agreements in civil law referred to as a condition of subjective because it involves the person who made the agreement, while the condition of the work contracted and the work contracted to be kosher called objective requirements because it involves an object agreement. If the objective requirements are not met, then the agreement was null and void the original meaning of the agreement deemed never existed. If the requirements are not met subjective, then the legal consequences of the agreement may be canceled, the party does not give agreement is not free, as well as by a parent / guardian or pengampu for people who are not competent to make an agreement can request the cancellation of the agreement to the judge. Thus the agreement has the force of law for not canceled by the judge.
The elements that exist in a labor agreement:
1. Due to the work or jobs
In an employment agreement there must be work of an agreement (the object of the agreement), the work must be done by the workers, only with the permission of the entrepreneur can get someone else. It is described in the Code of Civil Code section 1603a which reads:
"Workers are required to conduct their own work; only with the permission of the employer he can tell a third person to replace ".
The nature of the work performed by the worker concerned with the very personal because of the skill or expertise, then according to the law if the worker dies, the employment agreement is broken and void.
2. The command element
Manifestations of work given to workers by the employer is the worker must submit to the order employers to do the work in accordance with the agreement. This is where the difference working relationships with other relationships, for example, the relationship between doctor and patient, lawyer with the client. The relationship is an employment relationship as doctors, lawyers are not subject to the patient's or client's orders.
3. The existence of wage
Wages play an important role in employment (employment agreement), it can even be said that the main purpose of a worker working on the entrepreneur is to earn wages. So if there is no element of wages, then the relationship is not an employment relationship. As an inmate who is required to do a particular job, a hospitality student who was doing field practice at the hotel.
4. Specific Time
To be appointed by the words of a certain time or zekere tijd as an indispensable element in the employment agreement is that the employment relationship between employers and workers are not continuous or immortal. So it was not a specific time that is associated with the length of the employment relationship between the employer and the worker. The specific time can be specified in the employment agreement, may also not specified. In addition, the specific time, although not specified in the employment agreement may also be based on the laws or customs. (Then Husni, op.cit., P. 41.)
Period of employment agreement can be made for a specific time for the working relationship limited period of validity, and an unspecified time for the working relationship is not limited to the period of validity or the completion of a particular job.
Employment agreements are made for a certain time commonly referred to contract employment or employment agreement is not fixed. The status of the workers are temporary workers or contract workers. As for the labor agreement is made for an unspecified time usually called permanent labor agreements and the status of its workers are full-time workers.
Employment agreements are made for a certain time must be made in writing (Article 57 Paragraph (1) of Act 13 of 2003 on Manpower). This provision is intended to better ensure or maintain things that are not desirable in connection with termination of employment contract. A work agreement for a specified time shall not require the trial period.
Understanding the Employment Agreement
In Article 59 Paragraph (1) of Act 13 of 2003 on Labor states that Labor Agreement for a certain period of time can only be made for specific jobs by type and nature of the job will be completed within a certain time, namely:
Jobs that once completed or are temporary in nature;
Estimated completion of work in the not too long and not more than three (3) years;
The work that is seasonal; or
Work related to new products, new activities, or additional products that are still in the experimental or exploratory.
Under these provisions, it is clear that the employment agreement for a certain period of time can not be held for a permanent job.
In the article Understanding Labor Agreement definition, this paper I'm using as a footnote reference, may be useful and can be used as paper work agreement