The Concept of Employment Relationship
Employment relationship is a legal relation ship between workers
and employers that have an element that there are jobs, wages and labor relations orders occurred after
the employment agreement between workers and employers or employer. Employment relationship is a legal relationship that is performed by
at least 2 subjects of law regarding a job. The subject
of labor relations law sare entrepreneur/employer to the worker/laborer.
Employment relationship is at the coreof industrial relationsin
the country.
Element of the employment relationship, the
first is the existence of a job, the job that is free in accordance with the
agreement between the worker and the employer, provided it does not conflict
with the laws, morals and public order. The second element that is under the
command, in the employment relationship is the employer's position as an
employer so that he has the right and also the obligation to provide the
commands associated with the job. The position of labor is the party who
receives the order to carry out the work. The relationship between the worker
and the employer is committed relationship between superiors and subordinates
that are subordinated.
The
third element is the presence of a certain wage be rewarded for the work that
has been done by workers. The definition of wages under the provisions of
Article 1 paragraph 30 of Law No 13 of 2003 is the right of workers/laborers
received and expressed in terms of money as compensation from the employer or
the employer to the worker/laborer is determined and paid under an employment
agreement, agreements or regulations legislation including allowances for
workers/laborers and their families for a job or service that would have been
done. Each job has the right to earn a decent human beings (Article 88,
paragraph 1), decent size is relative. And the fourth element is time, meaning
laborers for the specified time or for an indefinite time or for ever. Proper
time is related to the employment agreement specified time or a particular
workplace agreement or better known to the public by the employment contract.
The working hours of workers in 1 week is 40 hours/week. Under the provisions
of Article 50 of Law No 13 of 2003, the employment relationship is due to the
employment agreement between the employer and the worker/laborer.
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