{"title":"Critical Analysis of Violation of Work Agreement Clause","authors":"Maskhunatin Siti, Asri Wijayanti","doi":"10.2139/ssrn.3665485","DOIUrl":null,"url":null,"abstract":"There is no violation of work agreement clause should be scrutinized by the parties. Is there an element that violates the rules of labour law. This study aimed to analyse the violation case of the clause in a particular time employment agreement (PKWT) that resulted in dismissal. This research was a normative jurist with a legislative approach. The first research result showed that a form of legal protection for employees are fired because PKWT clause violations must be based on the truth of the content of the work agreement clause that did not violate the law. If the clause of the employment agreement was contrary to the rules of law, then the affected party can make legal efforts by non-litigation or litigation to Civil Court and Indusrial Relation Court.<br>","PeriodicalId":292127,"journal":{"name":"LSN: Employment Contract Law (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Employment Contract Law (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3665485","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
There is no violation of work agreement clause should be scrutinized by the parties. Is there an element that violates the rules of labour law. This study aimed to analyse the violation case of the clause in a particular time employment agreement (PKWT) that resulted in dismissal. This research was a normative jurist with a legislative approach. The first research result showed that a form of legal protection for employees are fired because PKWT clause violations must be based on the truth of the content of the work agreement clause that did not violate the law. If the clause of the employment agreement was contrary to the rules of law, then the affected party can make legal efforts by non-litigation or litigation to Civil Court and Indusrial Relation Court.