Chamdani, Chamdani and Wijayanti, Asri and Endarto, Budi and Kusnadi, Sekaring Ayumeida (2022) Collective Agreements as Solutions to Industrial Relations Disputes in the Tourism Industrial Sector. In: Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022).
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Abstract
Tourism can experience labor-management conflicts between employers and employees. A collective agreement is one method of resolving industrial relations conflicts. The provisions of a collective agreement may contradict the contents of a work agreement, a collective labor agreement, corporate policies, or laws and regulations. Sometimes workers, as the aggrieved party, report a violation of the contents of the Collective Agreement, which contrasts with the laws and regulations of the labor inspector. This study aims to determine the Collective Agreement’s legal position if it contradicts autonomous or heteronomous laws. A statutory and conceptual approach is used in this legal research. According to the findings of this study, collective agreements are legal documents created by employers and workers separately. The terms of the Collective Agreement contravene higher standards, yet the district court already has a registration document at the industrial relations court. There are two options for legal action. First, the aggrieved party may petition for execution at the local district court’s industrial relations court. The second petitioned the local district court for the revocation of the Collective Agreement’s contents. The Collective Agreement, in conclusion, is a solution for settling industrial relations conflicts. The legal remedy for non-execution of the registered Collective Agreement is to apply to the industrial relations court at the local district court, rather than filing a lawsuit or reporting an alleged breach of labor laws and regulations to the labor inspector.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Uncontrolled Keywords: | Collective Agreement; Registration; Disputes; Industrial Relations |
| Subjects: | H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management K Law > K Law (General) |
| Divisions: | Prosiding |
| Depositing User: | Mochamad Danny Rochman, A.Md. Lib., S.S.I. |
| Date Deposited: | 08 May 2023 08:00 |
| Last Modified: | 08 May 2023 08:00 |
| URI: | http://eprints.uwp.ac.id/id/eprint/4863 |
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