KEPASTIAN HUKUM KESEPAKATAN LISAN PEKERJA RUMAH TANGGA BERDASARKAN UU PPRT

Abstract

Domestic workers constitute an important part of the workforce, yet their employment relationship has distinct characteristics because it takes place within a household and is established directly between domestic workers and employers. Law on the Protection of Domestic Workers recognizes an Agreement or Employment Agreement as the basis of such employment relationship. However, the regulation raises legal issues concerning the legal status and certainty of oral agreements, particularly regarding the rights and obligations of the parties and the evidentiary difficulties that may arise in disputes. This issue is important because the absence of clear regulation on the form and minimum content of an oral agreement may potentially weaken legal protection for domestic workers as the more vulnerable party. This research employs normative legal research using statutory and conceptual approaches. The results show that an Agreement constitutes a legally recognized basis for an employment relationship between domestic workers directly recruited by employers, while an Employment Agreement applies to indirectly recruited domestic workers and must be in written form. An oral Agreement may legally establish an employment relationship; however, it does not yet provide optimal legal certainty due to the absence of clear provisions concerning its minimum content and evidentiary mechanism.