Fulfillment of Workers’ Rights in Remote Working: The Perspective of Labor Development Principle in Indonesia

Abstract

The popularity of working from home or remote working is on the rise globally. In Indonesia, the existence of the internet underpins the trend to work from home since accessing this technology is effortless. However, existing regulatory provisions mostly govern matters regarding office work, while the rights and responsibilities between employers and employees in the remote working scheme have never been specifically regulated. This situation creates a huge gap between what is stated in a written law and law in action. This research aims to analyze the congruence of agreements with the fulfillment of rights of workers working from home from the perspective of legislation and the principles of labor development. This research employed sociological legal methods. The research results indicate that the fulfillment of labors’ rights in both the agreement and in implementation have not met the principles of labor development. The conflict of rights and criminal violations regarding this matter is obvious since workers’ rights governed in the legislation are not governed in the work agreement. Moreover, there is still incongruence between the regulations and implementation of the rights of workers regarding the portion of break/leave and overtime wages.