The Analysis of the Working Hours Clause for Live Streamer (Study of the Fixed-Term Employment Agreement of Clinic X)

Abstrak

The profession of live streamer has grown rapidly along with the advancement of e-commerce technology in Indonesia; however, this growth has not been accompanied by adequate legal certainty, particularly regarding working hours and fine sanctions in Fixed-Term Employment Agreements (PKWT), thereby violating applicable Indonesian laws and regulations. This study aims to analyze the allocation of working hours and the imposition of fines for absenteeism, as well as to examine the legal consequences arising from the conflict between the employment agreement and applicable laws and regulations. The research method used is normative legal research employing a statutory approach and a conceptual approach. Data were obtained from primary legal sources, including relevant laws and regulations and fixed-term employment contracts (PKWT), as well as secondary legal sources such as literature, legal journals, and legal doctrines. The analysis was conducted in a prescriptive manner to assess the compliance of employers’ application of the law with applicable regulations. The results of the study indicate that working hours for streamers may be set in accordance with the law, namely 7 to 8 hours, to ensure the fulfillment of the rights of all parties, provided that this does not exceed the body’s working capacity of 6 to 10 hours per day, with due regard for occupational health, and fines for absenteeism may be imposed on workers proven to have been negligent or absent, with the fine amount not exceeding one day’s wages to ensure the fulfillment of wage rights in accordance with applicable laws and regulations and the principle of fairness. Both clauses cause the Clinic X PKWT to fail to fulfill the objective requirement of a lawful cause as stipulated in Article 52 paragraph (1) letter d of the Manpower Law, resulting in the legal consequence of being null and void under Article 52 paragraph (3) of the Manpower Law, and the employment status of the streamer worker changes into an Indefinite-Term Employment Agreement (PKWTT). Therefore, employers can be more competent in drafting an employment agreement to establish legal certainty within an employment relationship.