Legal Protection for Outsourced Workers Based on Regulation Number 24 Year 2011 in Kota Medan

DOI

10.2991/assehr.k.200306.208How to use a DOI?

Keywords

legal protection, outsourced worker, labour and employment law

Abstract

Outsourced worker whose occupation is to work from one company to another. Outsourced workers in carrying out their work despite having legal norms as other formal workers yet their rights as employees are often overlooked or have not been fully given by the company. In article 15 paragraph 1, Regulation Number 24 Year 2011 about Social Insurance Administration Organization (BPJS) states that employer is obliged to gradually register its company or agencyand its employees as participants of BPJS in accordance with the preference programme. This research was conducted to view the legal protection and regulations that protect outsourced workers in the implementation of social security in the city of Medan, alligned with the implementation of UU Number 24 Year 2011 on Social Insurance Administration Organization (BPJS). The type of this research is normative juridical, performed by collecting the secondary data in the form of primary, and the secondary and the tertiary legal materials are collected through library research. In order to complete the data, field research was conducted through the interviews with related informants. The data was analyzed qualitatively. The results of the study showed that the provision of social security is regulated in Regulation Number 24 Year 2011 on Social Insurance Administration Organization (BPJS). The Social Insurance Administration Organization (BPJS) consists of Social Insurance Administration Organization of Health (BPJS Kesehatan) and Social Insurance Administration Organization of Employment (BPJS Ketenagakerjaan). The implementation of social security for outsourced participants in the city of Medan has been not carried out smoothly due to the fact that there were many outsourcing companies did not register their workers as the Social Insurance Administration Organization (BPJS) participants. It happened because the outsourcing companies were not the limited liability companies, with no permit, thus it is not registered in the Social Insurance Administration Organization (BPJS). The type of this research is normative juridical, performed by collecting the secondary data in the form of primary, and the secondary and the tertiary legal materials are collected through library research. In order to complete the data, field research was conducted through the interviews with related informants. The data was analyzed qualitatively. The results of the study showed that the provision of social security is regulated in Regulation Number 24 Year 2011 on Social Insurance Administration Organization (BPJS). The Social Insurance Administration Organization (BPJS) consists of Social Insurance Administration Organization of Health (BPJS Kesehatan) and Social Insurance Administration Organization of Employment (BPJS Ketenagakerjaan). The implementation of social security for outsourced participants in the city of Medan has been not carried out smoothly due to the fact that there were many outsourcing companies did not register their workers as the Social Insurance Administration Organization (BPJS) participants. It happened because the outsourcing companies were not the limited liability companies, with no permit, thus it is not registered in the Social Insurance Administration Organization (BPJS).

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Suria Ningsih
AU  - Erna Herlinda
AU  - Agusmidah
PY  - 2020
DA  - 2020/03/13
TI  - Legal Protection for Outsourced Workers Based on Regulation Number 24 Year 2011 in Kota Medan
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 179
EP  - 184
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.208
DO  - 10.2991/assehr.k.200306.208
ID  - Ningsih2020
ER  -