Juridical Review of PT. Our Hands Work That Pays Workers' Wages Lower Than The Surabaya City Minimum Wage

Open Access

Abstract

One element of the existence of an employment relationship is the existence of a wage agreement between the worker/laborer and the entrepreneur. The minimum wage policy set by the government is a safety net to protect the basic rights of workers/labourers. However, in the business world, there are still many wage violations committed by employers, even though criminal sanctions and/or fines have been strictly regulated. Some findings in the city of Surabaya entrepreneur PT. Tangan Kita Berkarya pays workers/laborers wages lower than the Surabaya City Minimum Wage in 2021. This condition continues and is agreed upon by the workers/laborers concerned, even though based on the provisions of labor law the payment of such wages is a violation of the law. Based on this description, the purpose of this research is Based on this description, the purpose of this research (1) is to find out whether PT. Our Hands Work is included in the UMK category according to Law no. 11 of 2021 concerning job creation, and (2) to find out the legal protection for workers/labourers according to Indonesian law so that they can determine legal remedies in responding to the problem of entrepreneurs who are unable to pay wages according to the minimum wage for the city of Surabaya. In addition, this research results that every entrepreneur who is unable to pay the wages of workers/labourers according to the minimum wage provisions of the city of Surabaya cannot apply for a suspension of wage payments because the regulations for deferring the payment of the minimum wage have been abolished. Entrepreneurs who violate these provisions will be subject to criminal sanctions and/or fines. That the work agreement related to an agreement to pay wages lower than the minimum wage for the city of Surabaya will be null and void, if PT. Our Hands Berkarya is proven to have committed a violation and does not meet the criteria for capital or annual proceeds from sales of micro and small businesses, which is regulated in Article 90B of Law No. 11 of 2020 ...