The Dynamics of Employment Relationships Between Gig Workers and Platform Entrepreneurs Based on Manpower and Transportation Regulations

Abstract

The employment relationship between gig workers and platform entrepreneurs in Indonesia has become a debatable issue. The absence of a clear definition of this relationship has resulted in differing perceptions regarding the rights and obligations of the parties involved. Gig workers’ rights and obligations are regulated under both manpower regulations and transportation regulations, which in turn create uncertainty regarding their employment status. This legal ambiguity leads to limited protection for gig workers, as there is no definitive framework that ensures legal certainty for all parties. The purpose of the research is to map the status of the employment relationship and the implications of the rights and obligations of the parties based on that status. The theory used is legal certainty and the welfare state. The research method is empirical juridical with an abductive research strategy based on thematic data analysis. The data sources are primary data and secondary data. Primary data was obtained through interviews with the purposive sampling system to representatives of gig workers in Greater Jakarta. Furthermore, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study illustrate the mapping that the relationship status of gig workers is defined in two statuses, namely as partners (or workers under manpower regulation) and as employees. Most of the gig worker define that status of the gig workers' employment relationship is a partner. Furthermore, the rights and obligations based on the status of the employment relationship as a partner are subject to the regulation of the Minister of Transportation and Manpower in the manpower regulations, and for employees are fully subject to manpower regulations.