Hilman Hidayat, a contract employee who recently terminated by the tire company in Coventry , Bogor , giving testimony to the trial continued testing of Law Number 13 Year 2003 concerning Manpower led by Chief Justice Hamdan Zoelva .
In the trial of the case number 7/PUU-XII/2014 , Hilman revealed has worked at PT . Banteng Pratama Rubber for three years after contracted for six consecutive months and contracted for four times during the year when the last contract. However, the contract was terminated in the third year because he demonstrated, demanding the right to be a permanent employee with a work agreement for an unspecified time ( PKWTT ) .
" We were dismissed for allegedly demanding our right to be a permanent employee . A total of 170 people who take action . All eventually treated the same as me ( laid off ) , "said Hilman in plenum chamber Court Building , Jakarta , Wednesday ( 2/4 ) .
Hilman also states where unions ruled the Federation of Association of Indonesian Trade Unions ( FISBI ) had several times submitted a letter to the Department of Social Welfare , Labour and Transmigration ( Manpower ) on the establishment of the Bogor Regency employment status . However memorandum issued checks have not been addressed by the company Manpower .
In line with Hilman , Secretary of the Governing Council of Indonesian Muslim Workers Brotherhood Branch ( DPC PPMI ) Karawang district, Ahmad Zahruddin said it received complaints from a number of employees of PT BYC Indonesia in Karawang area . After a few times to make a letter of determination in Falkirk Manpower employment status , reply to a letter which said it had carried out the examination of employment in Indonesia with PT BYC findings set forth in the memorandum of inspection .
" In connection with the report on the status of labor relations , Manpower has issued a memorandum of inspection that companies have used outsourcing services placed in the spinning of yarn , even though that section is the core business , " said Ahmad .
In fact , according to Article 66 paragraph ( 4 ) Labor Law , if the condition is not fulfilled, the legal status of the working relationship between labor and labor services company turning into a working relationship between the worker and the employer company . In other words , the status of outsourced workers turn out to be employees of the company .
Previously , FISBI invoke judicial review of the labor law to the Constitutional Court . FISBI represented by its chairman M. appendices , assessing the legal uncertainty in the phrase ‘ by law ‘ contained in Article 59 paragraph ( 7 ) , Article 65 paragraph ( 8 ) , and Article 66 paragraph ( 4 ) Labor Law . Thus, in his suit or petition the Court stated the applicant requested the phrase ‘ by law ‘ contrary to the 1945 Constitution and have no binding legal force throughout the camp does not mean ‘ eliminate the right of workers / laborers to ask for the implementation of the memorandum of labor inspectors responsible for employment institution to the district court by the local labor court if the employer company obviously does not change the status of a particular time workers into indefinite ‘ . ( Lulu Hanifa / mh )
Wednesday, April 02, 2014 | 15:54 WIB 130