Question
Analyze the cases below based on logic and link them to existing regulations and laws and add related references. (note: every theory or rule quote
Analyze the cases below based on logic and link them to existing regulations and laws and add related references. (note: every theory or rule quote is included in the reference list) Case 1 Breach of Contract at PT Framas After thousands of workers were dismissed without severance pay at PT Panarub, another Adidas subcontractor company, namely, PT Framas, Bekasi, laid off 300 workers without following labor law regulations applicable. PT Framas argued that the workers had exceeded the duration of the contract, PT Framas then did not extend the work contract and violated all the workers' rights. PT Framas carried out a 3 month work contract and continued to extend their status as non-permanent workers (contract workers) every 3 months, for more than 3 years. Since December 2012, their contracts have not been renewed and they have all lost their jobs without severance pay. Approximately 300 workers became victims of prolonged employment contracts that did not comply with legal provisions without guarantees of welfare and job security and in the end, they were unfairly fired. Of the 300 workers, because PT Framas carried out intimidation and pressure, only 40 workers decided to fight for their fate. Most of these workers are non-unionized workers, some are members of a workers' union at PT Framas but according to the members they do not want to fight for their fate. The bipartite process and actions have been carried out by workers accompanied by TURC. The entrepreneurs have openly admitted that they have indeed violated the legal provisions regarding contracts but have made no efforts to correct them. After the bipartite process did not produce results, the workers took the process of resolving industrial relations cases, by asking the Bekasi Regional Manpower Service to become a mediator between the workers and the company. This process was also accompanied by pressure on the brand, namely Adidas, on the date of the action in front of the Adidas Indonesia Office, Jalan Jendral Sudirman, South Jakarta 12920 on March 18, 2013 at 12.00 WIB. In this action, the workers conveyed demands, among others, that Adidas pressure PT Framas to guarantee workers' rights and comply with applicable labor laws. a. Re-employ fired contract workers as permanent workers b. Safety and health in the workplace must be guaranteed c. Eliminating the practice of union busting carried out by PT Framas. From this action, the manager of Adidas Indonesia promised to bridge the existing problems with PT Adidas. As of the time this article was published, the mediation process was still ongoing and awaiting recommendations from the mediator. ( DA) (https://www.turc.or.id/kas-perjuanganburuh-contract-kas-pekerja-contract-di-pt-framas-indonesia/)
Questions:
1. Analyze what problems and violations occurred in the case above.
2. What is the next process that can be carried out by employees if it turns out that the solution through mediation fails or does not reach an agreement
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Analysis of Case 1 1 Problems and Violations Breach of Contract PT Framas violated labor law regulations by laying off 300 workers without following p...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started