Ekeh Celestine Chigozie_2006513002_Labour Law Quiz

(1)

According to Neh Van Esveld, labour law is the law that is concerned with the legal relationship
where a person carries out his/her work under the leadership of others and receive wages,
including job that are carried out under his/her own responsibility and also receive payment
while Iman Soepomo defines it as the the law, both written and unwritten that are concerned to
situation where works are carried out under the leadership of others to receive wages.

In comparison, both definitions by the two scholars tries to illustrate that labor law is the law that
regulates the legal relationship between two or more parties during the act of carrying out of
work under the supervision or leadership of others, mostly seniors, employers, and/or even
managers to be able to receive wages for the work performed. However, the definition by Iman
Soepomo explains that even unwritten law should be considered in every relationship that
concerns an employer and the employee to avoid exploitation of any one of the parties. However,
both definitions lacked merit because they did not comprehensively provide solution to the main
problem encountered in labor relations.

Therefore, based on the Gebiesdleer theory, i will define labor law as the law that regulates the
relationship between an employee, employer, and the government in a given country, prior to the
establishment of the employment to perform a certain work by the laborer, during the act of
performing the labour with or without a specified time, and even after the employment comes to
an end.

(2)

Inside Labor Law Management relation is covered by Labor Law and the Outside Labour Law
Relationship is covered by Civil Law because in the Inside Labor Relation, the work is done
under the leadership of others, so the Company Regulations and Labour agreement between the
employer and the employee prevails whereas in the Outside Labour Management Relation, the
job is not done under the leadership of others but under the person’s own responsibility, so the
government which is the third party is always involved, hence the Civil Code prevails. For
example, the relationship between a secretary and an office boy will always be managed by the
Company Regulations whereas the lawyers or doctors who work and labor relations are
concerned with public service are always controlled by the Civil Code.

(3)

No, a former worker cannot claim compensation for annual leave that has not been taken after he
was terminated because the work agreement has stop existing, hence he is only entitled to
severity payment.

(4)

The collective labour agreement will prevail because in the case of irregularities, it is a condition
that autonomous norm has higher value compare with the heteronomy norm therefore the one
that provides more benefit to the employee will prevail. In this case, because the collective
labour agreement grants 14 days annual leave while law No. 13/2004 grants 12 days annual
leave, therefore the collective labor agreement prevails.

(5)

Labour Law paradigm is mainly concerned with how labor law is viewed from different
perspectives in approaching labour law. Mainly, it is observed in three different areas which
includes: The science of labour law norm, the science of labour law conception, and the
philosophy of labour law. Science of Labour law discuss the autonomous norms and
heteronomous norm. Autonomous norm is the law that are created by the employer and the
employee like Collective Labour agreement and Company Regulations while heteronomous
norm is the law that exist outside the law created by the employer and the employee. It includes
the law created by the third party, which is the government. For example, the Government
Regulations and ILO Conventions.

On the other hand, science of law conception is concerned with the society, the labor relations,
and even the object of law. The philosophy of Labour Law is concerned with the philosophy of
labor law creation which always originates from the antimony that exist in the society.

(6)

As an employee, I would prefer work agreement for unspecified time because it requires
probation period and it covers most jobs that are permanent in nature unlike work agreement for
specified time that is done mainly for certain job that requires no probation period. Moreover,
work agreement for unspecified time cannot be terminated carelessly because it requires a court
decision before it can be terminated. Therefore, it is more suitable for me if I am an employee.

(7)

If I am an employer who employs a security or a secretary, I will use work agreement for
specified time to control him/her because when he goes contrary to the work agreement, I can
easily terminate the contract. Moreover, it is not permanent by nature and can only be done for a
temporary period for at most 5 years.

(8)

Outsourcing of work is when a company subcontractor some parts of its work to another
company under written agreement of a work contract while outsourcing of worker is when a
company subcontract some part of his work to the outsourcing company of worker under a
written work agreement. Under Law No. 11 Year 2020, outsourcing of the work is legal.