Human Rights and Business: Human Rights Violations in the Outsourcing Industry in Modern Business Indonesia

Saru Arifin
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Abstract

This article analyzes outsourcing job practice in contemporary business activities in Indonesia, focusing on types and factors that contribute to human rights abuse in the outsourcing business, based on academic literature and regulations on business and human rights. In today's Indonesian labor market, outsourcing jobs are a kind of phantom. Laborers risked not receiving adequate wages, work insurance, or equal bargaining power with the outsourcing company under this job recruitment system. Laborers' associations protested almost every May Day moment, demanding that the outsourcing job system be abolished. They also demanded to be hired directly by the company rather than by the outsourcing firm. Unfortunately, the government responded to the demand by enacting the Workforce Act No. 13 of 2013. This law endorsed outsourcing with specific requirements that provide clear guidance for both employers and employees. However, in practice, companies frequently break outsourcing roles by hiring workers to staff their core business activities. On the other hand, outsourcing corporations also violate the Act's basic rights for outsourcing laborers. As a result, it implies human rights violations. Laborers were frequently threatened with losing their right to a healthy working environment, being fired from their contract without consultation, and having their fundamental rights violated. Human rights violations in outsourcing job activities are primarily caused by a lack of government oversight and law enforcement.
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人权与商业:印尼现代商业外包行业的人权侵犯
本文基于学术文献和商业与人权法规,分析了印尼当代商业活动中的外包工作实践,重点关注外包业务中侵犯人权的类型和因素。在今天的印尼劳动力市场上,外包工作是一种幻影。在这种招聘制度下,劳动者可能得不到足够的工资、工作保险或与外包公司平等的议价能力。劳工协会几乎每年五一都会举行抗议活动,要求废除外包工作制度。他们还要求直接被公司雇佣,而不是被外包公司雇佣。不幸的是,政府通过颁布2013年第13号《劳动力法》回应了这一需求。该法通过具体要求支持外包,为雇主和雇员提供明确的指导。然而,在实践中,公司经常通过雇佣工人来完成其核心业务活动来打破外包角色。另一方面,外包企业也侵犯了该法案赋予外包劳动者的基本权利。因此,它意味着侵犯人权。劳动者经常受到失去健康工作环境权利的威胁,未经协商就被解除合同,其基本权利受到侵犯。外包工作活动中侵犯人权的主要原因是缺乏政府监督和执法。
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来源期刊
CiteScore
2.10
自引率
0.00%
发文量
13
审稿时长
20 weeks
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