Employment agreement has different legal consequences compared to other agreements in general. Agreements which is not made in accordance to the laws and regulations do not make these agreements null and void as applied for other agreements in general, it may make it even more binding.
Breach of the employment agreement does not cause the aggrieved party to have the right to terminate the agreement with costs, interest and compensation or force the breaching party to carry out its obligations as applied to other agreements in general.
In employment relations, the source of legal relations is not only derived from contracts between employers and workers, but also from company regulation and collective labor agreement.
Company regulation is regulations made in writing by employer that contains the terms of employment and the rules of the company. Company Regulation contains at least employer’s rights and obligations; workers’ rights and obligations; working conditions; the code of conduct of the company; the validity period of Company Regulation; and miscellaneous matters which constitute further regulation of the law. Company Regulation is prepared and compiled by employers by taking into account the suggestions and considerations of worker / labor representatives in the company. Company regulation comes into force after it is approved by the minister or appointed official.
Collective Labor Agreement is an agreement that results from negotiations between labor union or several labor union listed at the institution responsible for manpower (with employers, or several employers or business associations that contain conditions work, rights and obligations of both parties.
Violation of several labor provisions is a criminal offense with a threat of imprisonment such as illegal employment of children, employing foreign workers without valid permit, prohibiting workers from worshiping in accordance with their religion, paying wages below the stipulated minimum wage, etc.
There are 4 types of industrial relations disputes i.e. disputes regarding rights, disputes over interests, disputes over termination of employment and disputes between labor unions in one company.
Industrial relation disputes are settled through industrial relations courts.
We have experience and skills that to assist both workers and employers in protecting their legal interests or resolving industrial relations disputes.