IMPLEMENTATION OF EMPLOYMENT AGREEMENTS FOR HEALTH WORKERS IN PRIVATE HOSPITALS

Penulis

  • Oka Fahri Alpalah University of Swadaya Gunung Jati
  • Tina Marlina University of Swadaya Gunung Jati
  • Gusti Yosi Andri University of Swadaya Gunung Jati

DOI:

https://doi.org/10.33603/responsif.v15i2.9536

Kata Kunci:

Midwife, Probationary Period, PKWT, Health Workers, Minimum Wage

Abstrak

The company's activities are essentially a joint effort between employers and workers to grow the company and improve workers' welfare. This research was conducted based on the author's interest in finding out the implementation of the work agreement between midwives and Dera As-Syifa Hospital, where, based on the secondary data that the author obtained, the work agreement form is PKWT. The Manpower Law has stipulated that PKWT is only for jobs that are not permanent or core business. The problem in this study is :P First, we will discuss implementing the work agreement between Dera As-Syifa Hospital and Health Workers. Second, what are the legal consequences if the minimum wage paid is not by the UMP/UMK Brebes? This study uses a normative research method, namely legal research conducted by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The results of the study showed that PKWT used in the working relationship between midwives and Dera As-Syifa Hospital based on Permenkes 1199 of 2004, which regulates the employment relationship for health workers can be held with PKWT so that it is an exception to the provisions regulated in the Manpower Law along with the Job Creation Law and PP 35/2021. However, the implementation of PKWT at Dera As-Syifa Hospital is still not appropriate because there is still a probationary period of 4 months with salary deductions, so during the probationary period, the salary is not by the provisions of the minimum wage applicable in Brebes Regency. According to relevant regulations, companies that provide salaries below the minimum wage can be subject to sanctions and automatically change PKWT to PKWTT. However, such conditions do not affect the company; workers still receive such treatment.

Referensi

Book:

Abdul Khakim, 2003, Introduction to Indonesia Labor Law, PT. Citra Aditya Bakti, Bandung

Djumadi, 2002, Employment Agreement Law, Raja Grafindo Persada, Jakarta

Endang Sutrisno, 2015, Potpourri of Law and Globalization-2nd Edition, In media, Jakarta

Lalu Husni, 2008, Introduction to Indonesia's Labor Law, Raja Grafindo Persada, Jakarta

Soerjono Soekanto and Sri Mamudji, 2010, Normative Legal Research A Brief Review, Raja Grafindo Persada, Jakarta

Suteki and Galang Taufani, 2020, Legal Research Methodology of Philosophy, Theory, and Practice), PT Rajagrafindo Persada, Depok City

Zaeni Asyhadie, 2007, Labor Law in the Field of Labor Relations, Jakarta Raja. Grafindo Persada.

Laws and Regulations:

Civil Code

Law Number 13 of 2003 on Manpower

Regulation Health Minister No. 1199/MEiNKESi /PER.I /X/2004 teni tang Procurement Guidelines Health Workers With Work Agreements in Government-Owned Health Facilities.

Law Number 44 of 2009 concerning Hospitals

Law Number 36 of 2014 concerning Health Workers.

Regulation Government Number 78 years 2015 on Wages.

Permenaker Number 1 of 2017. About the Structure and Scale of Wages.

Law Number 11 of 2020 concerning Job Creation

Regulation Government Number 35 of 2021 concerning Fixed-Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment.

Journal

Dewa Gede Giri Santosa. (2017). Fixed-Time Work Agreement Post-Job Creation Law. Implementation and Problems. Journal of Legal Sciences. Volume 17. pp: 178-190.

Indra Riko Rosandi. et.al. (2017). Implementation of the Republic of Indonesia Regulation Indonesia No. 78 of 2015 concerning Wages (Case Study of the Implementation of Minimum Wage in Samarinda City), e-Journal of Government Science Volume 5, 3. (2017). 1119-1130

Website

https://gajiimu.com/pekerjaan-yang viable/wage/minimum-wage, accessed on May 10, 2023

http://youtu.be/ifHMsJalp-Jw, accessed March 31 at 16.34 WIB.

https://moneiy.kompas.com/read/202 1/11/18/170428326/, Retrieved on 06 May 2023, at 10.48 WIB.

https://jatengprov.go.id/publik/ganjar -announce-ump-jateng-2023- up-801-percent/#:~:text=SEMARAN G%20%E2%80%93%20Gub ernur%20Ganjar%20Pranowo

%20announcing,28%2F1 1%2F2022), Accessed on July 18, 2023, at 18.01 WIB.

https://brebesnews.co/2022/11/miris- increase-umk-in-brebes- ignore-scientific-ethics-and- wage-play-rules/, Accessed on July 18, 2023, at 19.54 WIB.

Unduhan

Diterbitkan

2024-09-21

Terbitan

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