Collective Agreements as Solutions to Industrial Relations Disputes in the Tourism Industrial Sector Chamdani, Asri Wijayanti, Budi Endarto, Sekaring Ayumedya Kusnadi, Nobella
Wijaya Putra University Muhammadiyah Surabaya University Wijaya Putra University Wijaya Putra University Wijaya Putra University
Abstract
Industrial relations disputes between employers and workers can occur in the tourism business sector. One of the efforts to establish industrial relations is to make a collective agreement. There are times when the contents of the collective agreement conflict with the work agreement, collective labor agreement, company regulations, or laws and regulations. Sometimes workers, as the aggrieved parties, report violations of collective agreements that are contrary to the laws and regulations of labor inspectors. This study aims to determine the legal position of a collective agreement if it conflicts with autonomous law or heteronomous law. This legal research uses a statutory and conceptual approach. The results of this study are collective agreements are legal products made by employers and workers individually. The contents of the contract that are contrary to higher rules, but already have a registration deed at the industrial relations court in the district court have executive power. Two forms of legal action can be taken. First, the aggrieved party can apply for execution to the industrial relations court at the local district court. The second filed a claim for the contents of the collective agreement to the local district court. The conclusion is that collective agreement is a solution to settling industrial relations. Legal remedies for not implementing the deal that has been made are applying for execution to the industrial relations court at the local district court, not filing a lawsuit to the district court, or reporting alleged violations of labor inspectorate laws and regulations.
