There is an element of error outsourced workers in carrying out the work orders superiors and acted negligent in performing their duties so that the piece-work provider company JOB Pertamina Talisman (Ogan Komering) Ltd. ordered PT General Buditekindo to attract Arbain and replace with other officers. However, Arbain not receive such treatment, so that a dispute exists between Arbain with PT General Buditekindo and Arbain also included JOB Pertamina-Talisman (Ogan Komering) Ltd as the second defendant in proceedings labor disputes. In Article 1 point 15 of Law No. 13 of 2003 states that the definition of working relationship is the relationship between employers and workers / laborers by employment agreement, which has elements of jobs, wages, and commands. Legal uncertainty in this case because of the working relationship between Arbain with PT General Buditekindo and not with JPTOK. Whereas Article 65 point 2 letter b allow JOB Pertamina-Talisman (Ogan Komering) Ltd as a provider of contract of work to give orders to Arbain as outsourced workers. In the conclusion the authors write that the problems that arose as a result their legal uncertainties related to work orders to workers outsourced by companies that do not have a working relationship with workers allowed in Article 65 paragraph (2) b nonconformity between Article 1 number 15 with article 65 paragraph (2) letter b of Law Number 13 Year 2003 on Manpower. So this affects dragged JOB Pertamina-Talisman (OK) Ltd. as Defendant II by Arbain in dispute with PT General Buditekindo because JOB Pertamina-Talisman (OK) Ltd. also provides everyday commands/work orders to Arbain, so Arbain assume that JOB Pertamina-Talisman (OK) Ltd. as well as a superior Arbain based on Article 1 paragraph 15 of Law 13 of 2003. |