KEDUDUKAN DAN PENERAPAN KLAUSULA BAKU DALAM PERJANJIAN KERJA DI INDONESIA
Abstract
The position and the application of standard clause in employment agreement are often assumed as an employer’s unilateral imposition on his/her employees. In employment relationship, employee’s position is subordinate (boss-subordinate-relationship). Meanwhile, in employer’s position, the need for business efficiency requires the conditions of standard clause related to the employees. This research aims at knowing, analyzing, and comprehending the position and application of standard clause in an employment agreement. The method used in this research is normative doctrinal approach. The result of the research is that the conditions of standard clause in an employment agreement have a strong position and cannot be withdrawn as long as the construction and composition of the conditions have been consulted to the representative of the employment party, and the employer/boss has requested an affirmation from the labor inspector as specified in the law.