Bisnis.com-The Constitutional Court (MK) remove the right of corporations to ban two workers in a company are bound by marriage.
Under Article 153 sentence (1) No huruf f. 13/2003 on Employment, companies are allowed to prohibit any employees or laborers have blood ties or marriage as long as stipulated in the labor agreement, company regulations, or collective agreements.
The clause then sued in the Court by a number of member States of Employees PT Perusahaan Listrik Negara (Persero) Southern Sumatra. They consider the Manpower Law is contradictory to Article 28C Paragraph (2) Constitution 1945.
Constitutional Assembly also granted the request of the judicial review. According to the judge, marriage and the right to work is a fundamental right that must be protected by the state.
Aswanto Constitutional Court judges said that can not accept the reason the Indonesian Employers Association (Apindo) that marriage mates companies pose a conflict of interest.
Judges assess the negative effects can be prevented by the formulation of more stringent corporate rules.
The Court also rejected the argument that the employment contract which forbids the marriage has been known by workers. Section, in contract manufacturing is the employers' and workers are not in balance.
“To grant the applicant's application in its entirety. Said the phrase 'unless otherwise provided for in the agreement, company regulations, or collective agreements’ Reuters has no binding force,” said Chairman of the Constitutional Assembly Arief Hidayat, when reading the verdict in Jakarta, Thursday (14/12/2017).
in the lawsuit, the petitioners argued that the constitution guarantees the people to establish a family and continue the descent through the appropriate legal marriage freewill prospective husband and wife.
With the prohibition to marry someone from your company or a company that will happen applicant considers arbitrary termination.
Petitioner also claims that the ban creates excess is not good. For example, pasangan pekerja yang memadu kasih memutuskan tak jadi menikah demi mempertahankan status karyawan. Besides, potensi tinggal bersama tanpa ikatan perkawinan atau ‘kumpul kebo’ bukan mustahil berlangsung.
Jika MK menghapus larangan perkawinan, pemohon meyakini perusahaan justru menikmati keuntungan. Section, perusahaan cukup menanggung biaya kesehatan satu pekerja beserta keluarga ali-alih menjamin asuransi untuk dua pekerja.
Besides, pemohon juga menolak alasan bahwa perkawinan dua pekerja satu perusahaan dapat berujung pada tindakan korupsi, collusion, and nepotism (KKN). according to them, acts of corruption not caused matrimony melainakn someone mentality factor.
Labor Law to the Constitutional Court lawsuit triggered by the case of Yekti Kurniasih, Jambi Area PLN former workers laid off due to marry mates companies.
PLN does require that one of its employees must resign if bound in marriage.
Yekti also be one joint applicant 7 his.