Collective Agreements as Solutions to Industrial Relations Disputes in the Tourism Industrial Sector

DOI

10.2991/978-2-494069-93-0_14How to use a DOI?

Keywords

Collective Agreement; Registration; Disputes; Industrial Relations

Abstract

Tourism can experience labor-management conflicts between employers and employees. A collective agreement is one method of resolving industrial relations conflicts. The provisions of a collective agreement may contradict the contents of a work agreement, a collective labor agreement, corporate policies, or laws and regulations. Sometimes workers, as the aggrieved party, report a violation of the contents of the Collective Agreement, which contrasts with the laws and regulations of the labor inspector. This study aims to determine the Collective Agreement’s legal position if it contradicts autonomous or heteronomous laws. A statutory and conceptual approach is used in this legal research. According to the findings of this study, collective agreements are legal documents created by employers and workers separately. The terms of the Collective Agreement contravene higher standards, yet the district court already has a registration document at the industrial relations court. There are two options for legal action. First, the aggrieved party may petition for execution at the local district court’s industrial relations court. The second petitioned the local district court for the revocation of the Collective Agreement’s contents. The Collective Agreement, in conclusion, is a solution for settling industrial relations conflicts. The legal remedy for non-execution of the registered Collective Agreement is to apply to the industrial relations court at the local district court, rather than filing a lawsuit or reporting an alleged breach of labor laws and regulations to the labor inspector.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Chamdani Chamdani
AU  - Asri Wijayanti
AU  - Budi Endarto
AU  - Sekaring Ayumedya Kusnadi
AU  - Nobella Nobella
PY  - 2023
DA  - 2023/01/25
TI  - Collective Agreements as Solutions to Industrial Relations Disputes in the Tourism Industrial Sector
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 114
EP  - 120
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_14
DO  - 10.2991/978-2-494069-93-0_14
ID  - Chamdani2023
ER  -