Serba-Serbi Karyawan Kontrak dan Perjanjian Kerja
Secara hukum, definisi karyawan kontrak adalah karyawan yang bekerja hanya untuk waktu tertentu berdasar kesepakatan antara karyawan dengan perusahaan pemberi kerja. Karyawan kontrak sering disebut dengan Karyawan dengan Perjanjian Kerja Waktu Tertentu (Karyawan PKWT). Seperti halnya karyawan tetap, karyawan kontrak juga dilindungi asas hukum dalam UU No. 13 Tahun 2003 tentang ketenagakerjaan.
Pembatasan waktu maksimal bagi masa kerja bagi karyawan kontrak
Berdasarkan UU No. 13 Tahun 2003 tentang Ketenagakerjaan, Pasal 59 ayat (4), perjanjian kerja waktu tertentu yang didasarkan atas jangka waktu tertentu dapat diadakan untuk paling lama 2 tahun dan hanya boleh diperpanjang 1 kali untuk jangka waktu paling lama 1 tahun. Sedangkan Pasal 59 ayat (6) juga menjelaskan bahwa pembaruan perjanjian kerja waktu tertentu hanya dapat diadakan setelah melebihi masa tenggang waktu 30 hari setelah berakhirnya perjanjian kerja waktu tertentu.
Jadi, karyawan kontrak dapat di ikat melalui kontrak kerja maksimal selama 2 tahun dan dapat diperpanjang 1 kali untuk selama maksimal 1 tahun. Namun apabila perusahaan merasa cocok dengan karyawan kontrak, maka perusahaan dapat melakukan pembaruan PKWT dengan ketentuan hanya boleh dilakukan sekali untuk waktu maksimal 1 tahun.
Namun pada kenyataannya, seringkali kita mendapati beberapa perusahaan yang mengikat karyawannya selama 5 tahun. Jika demikian, UU No. 13 Tahun 2003 Pasal 59 ayat (7) yang menyatakan bahwa perjanjian kerja untuk waktu tertentu yang tidak memenuhi ketentuan sebagaimana dimaksud dalam tersebut maka statusnya menjadi perjanjian kerja waktu tidak tertentu. Sehingga, jika ada karyawan yang dikontrak selama 5 tahun, maka karyawan secara otomatis akan menjadi karyawan tetap setelah melalui 3 bulan masa percobaan.
Apa saja yang menyebabkan berakhirnya kontrak kerja?
Pasal 60 UU No 13 Tahun 2003 menyatakan bahwa perjanjian kerja dapat berakhir apabila:
- Pekerja meninggal dunia;
- Berakhirnya jangka waktu perjanjian kerja;
- Terdapat kejadian tertentu yang dicantumkan dalam perjanjian kerja, peraturan perusahaan, atau perjanjian kerja bersama yang dapat menyebabkan berakhirnya hubungan kerja.
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