Personnel Legal Standing in Representing Employers in Employment Agreements

Luther Pamungkas
Dossy Iskandar Prasetyo
Luther Pamungkas: Universitas Bhayangkara Surabaya
Dossy Iskandar Prasetyo: Universitas Bhayangkara Surabaya

Abstract

Personnel positions in a company are very strategic positions in determining and supporting employee empowerment, especially in terms of supporting employee performance in optimizing employee performance for the progress of the company. This research aims to analyze the authority of personnel in carrying out their obligations as personnel in legal actions in work agreements between companies, in this case employers who are represented by personnel positions towards employees who enter into work agreements. In the analysis the author will focus on analyzing the legal position of personnel positions when receiving the power of attorney to represent the company's legal interests based on the Personnel Position Employment Agreement, Company Regulations with Law no. 13 of 2003 concerning Employment for personnel positions who, in carrying out their duties as personnel, represent the company's interests in terms of work agreements, without receiving authority from the company's directors. This legal research uses a normative juridical approach using secondary data, while the secondary data collection technique is carried out by means of literature study. The data was then processed and analyzed using qualitative normative analysis methods. It is hoped that the research results of the proposed work will be able to find a common ground and scientific understanding regarding the implications of the authority of personnel positions in carrying out their obligations without the granting of power of attorney as the basis for their legal position in carrying out their work in terms of representing the legal interests of the power of attorney, namely the company's directors, in terms of work agreements with employee.