TANGGUNG JAWAB PERUSAHAAN PENYEDIA JASA PEKERJA TERHADAP PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH PEKERJA

Janter Nelson Panjaitan, Maryati Bachtiar, Dasrol '

Abstract


With the outsourcing system is the cause that there are three parties to the employment relationship between the service provider company workers with workers, service providers working with the provider of the work, and also work with a provider of their own workers. This will lead to different responsibilities with employment system in general. Where there is the service provider of workers who are responsible for their employees.
This poses a problem in the case when the worker committed an unlawful act that could harm others either where he was employed, as well as to the injured party in the case of workers committed an unlawful act within the scope of the employment relationship and other aspects of its work. In this case the service provider may be requested worker accountability for actions undertaken by workers who are under its responsibility. In accordance with Article 1367 of the Civil Code which states unequivocally that "a loss not only responsible for his own actions caused but also for the losses caused by the act of those who become dependents ... employers and people who lift others to represent their affairs , is responsible for damages caused by their servants or subordinates in performing assigned work on those itu.Adapun is the goal of this research paper is to determine how corporate responsibility work services providers against illegal actions carried out by the workers, and also how legal consequences for workers who committed an unlawful act.
From the discussion the authors that the company responsible for the employees who do all the unlawful acts were committed within the scope of the employment relationship and other aspects of its work. This liability may be criminal liability and civil. Legal consequences for workers who committed an unlawful act can also be in the form of criminal and civil, in addition of the sanctions provided for in the relevant legislation as well as contained in the partnership agreement between the service provider company with employed workers. Advice authors need for special scrutiny of the nature of government in this case labor supervisor in this case. Because aside from these systems are still new to the Indonesian community in practice often be one of the ways the company to earn greater profits

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