Karya Ilmiah
DISERTASI (226) - Perlindungan Hukum Bagi Pekerja Dalam Fleksibilitas Hubungan Kerja
alongside wage levels, as market conditions change. The debate over the
merits and dangers of the flexibility in labour relations creating a rift between
employers and economist who believe that increased flexibility in labour relations
will attract more investment and create employment opportunities, and the labour
movement who strongly rejected this strategy, arguing that increased flexibility
will worsen workers social economic conditions and undermine the collective
strength of labour.
This research aims to find the principles, concepts, norms of labour law
regarding the issue of flexible labour relations, and to analyze the applications of
them in labour court decisions relating to the cases of flexible labour relations.
The type of this research is a legal research, with four approaches namely statute
approach, conceptual approach, comparative approach, and case approach.
From this research, it is found that universal legal principle in labour law
concerning flexible labour relations is principle of labour protection. This
principle complemented with principle of non discrimination. The principle is
manifested into flexicurity as a concept that promotes a combination of flexible
labour market and adequate security. Flexicurity can also help provide an answer
to the dilemma on how to maintain and improve competitiveness while reinforcing
the social security model. The main object of labour law has always been and will
always be to act as a countervailing force to counteract the inequality of
bargaining power which is inherent in the employment relationship. Labour law
must actively protect workers from exploitation and discrimination and must
recognise a legitimate role for unions to represent workers interest collectively.
Keywords : flexibility, labour relations, labour protection
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