KEABSAHAN KLAUSULA PEMOTONGAN UPAH PEKERJA SAKIT DALAM PERJANJIAN KERJA WAKTU TERTENTU (STUDI PKWT NOMOR 008/PKWT/UDAR/X/2025)

Abstract

Employment agreement basicly a basis for the birth of the employment relationship between workers and employers. Therefore, its content must not contain clauses that conflict with laws and regulations. In practice, employment agreements containing wage deduction clauses for ill workers are still found, contrary to labor law provisions. This research aims to analyze the validity of wage deduction clauses for ill workers in employment agreements and the legal consequences arising from such agreements under labor law. This research used a normative research method with statute approach, conceptual approach, and case approach, then using prescriptive analysis techniques. The results indicate that the wage deduction clause for ill workers contradicts labor law provisions, broke the fourth objective requirement of Article 1320 of the Civil Law, namely a lawful cause, which requires that contractual provisions must not conflict with laws and regulations, morality, and public order. Consequently, an employment agreement containing a clause contrary to laws and regulations is null and void and deemed never to have existed. Furthermore, if a fixed-term employment agreement contains such an unlawful clause, the judge may convert its status into a permanent employment agreement.