RECONSTRUCTION OF OUTSOURCING WORK AGREEMENT AS PROTECTION FOR WORKER BASED ON JUSTICE VALUE

This Legal Reconstruction Research of the outsourcing work agreement is based on the still-differences of opinion and the rejection of the outsourcing work agreement both by workers / Laborers and by Trade Unions / Trade Unions in Indonesia. This shows that in the outsourcing work agreement there are still things that are not in accordance with what is expected, especially by outsourced workers or Employment unions. The problem formulation in this research are: (1) How is the construction of outsourcing work agreements when this is not yet fair, and How is the Reconstruction of outsourcing work agreements as protection of workers based on the value of justice. The research methods used are: (1) using a constructive theory paradigm, (2) the type of qualitative research. (3) socio-legal research approach method. The results shows that (1). The construction of an Outsourcing Work Agreement currently involves companies that use workers / Laborers services and companies providing workers / Laborers services even though the work agreement does not see workers / Laborers. Protection of outsourced workers includes: (a). The right to leave if it has fulfilled the terms of service; (b). The right to social security; (c). The right to holiday allowances; (d). Rest right for at least 1 (one) day in 1 (one) week; (e). The right to receive compensation in the event of an employment relationship is terminated by the employer / Employment service provider company before the work agreement for a certain time ends through no fault of the worker; (f). The right to wage adjustments calculated from the accumulated years of work that have been passed; and (g). Other rights that are regulated in legislation and / or previous work agreement. According to the author, this legal construction is not fair because workers are not involved in the preparation of work agreements between provider companies, user companies, and outsorcing workers, so there will be losses suffered by workers / Laborers in the form of coercion, fraud, deception, and reduction of rights. worker / Employment rights in carrying out work as an outsourced worker, (2). In regulations relating to outsourcing work agreements, it is necessary to regulate the necessity to involve outsourcing workers in making work agreements for the sake of outsourcing work agreements that are based on fairness values, namely Article 64 and Article 65 paragraph (1), paragraph (3) of Law Number: 13 of 2003 concerning employment.