Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303633,
        author={Isdian  Anggraeny and Nur Putri Hidayah and Sholahuddin  Al-Fatih},
        title={The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={validity; fixed-term employment contract; remote working},
        doi={10.4108/eai.1-7-2020.2303633}
    }
    
  • Isdian Anggraeny
    Nur Putri Hidayah
    Sholahuddin Al-Fatih
    Year: 2021
    The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303633
Isdian Anggraeny1,*, Nur Putri Hidayah1, Sholahuddin Al-Fatih1
  • 1: Faculty of Law, University of Muhammadiyah Malang, Indonesia
*Contact email: isdian@umm.ac.id

Abstract

Industrial era 4.0 is an era in which almost everything that exists is integrated with the internet (internet of things), including employment which supports the development of remote working in Indonesia. Remote working by using a specific time work agreement carried out through electronic transactions must of course be reviewed with three regulations, namely the Civil Code, the Manpower Law, and the Information and Electronic Transactions Law. Moreover, in fact, the issue of work agreements for a certain time in Indonesia often occurs. Therefore, this paper aims to examine: 1) What is the model of a particular time labor agreement with the Remote Working concept?; 2) How is the validity of a certain time work agreement with the remote working concept based on Indonesian Law?. Using normative juridical research methods, it is known that a fixed-term employment contract with remote working concept is in principle the same as a specific time work agreement in general which must be subject to the Manpower Law. Based on the three regulations, the validity of a fixed-term employment contract with the concept of remote working in Agreement Number: 17/PKWT/PT XX/VIII/2019 is considered invalid and weak against its proof.