Outsourcing workers are individuals employed by outsourcing companies (labor providers) to perform specific tasks or jobs at their client companies. In Indonesia, the legal basis for outsourcing is regulated under Article 66 of the Indonesian Republic Law Number 13 of 2003 concerning Manpower. However, if outsourcing workers violate rules and regulations, particularly at the client’s company, to what extent will the outsourcing company be involved and responsible for the issue? To get a complete explanation, let’s delve into this article.
Company Actions for Outsourcing Workers Violating Rules and Regulations
Outsourcing work contracts typically include clauses related to rights, obligations, and responsibilities, covering the actions the outsourcing company will take in case of violations by outsourcing workers at the client’s company. These actions include:
1. Case Review
When an outsourcing worker breaches the client’s rules and regulations, the outsourcing company will conduct a thorough review of the case. This review may involve gathering reports, evidence, and information about the violation from various sources. The goal is to understand the context and details of the incident comprehensively.
2. Information Triangulation
After the initial review, the outsourcing company will perform information triangulation or collect perspectives from each party involved. These parties include the outsourcing worker who committed the violation, the client company’s user, and the Human Resources (HR) department of the outsourcing company itself.
The purpose of this triangulation process is to ensure the accuracy and objectivity of the information. Additionally, it helps the outsourcing company get a clear picture of the violation. The details of the information triangulation process are as follows:
- Employee
The outsourcing company listens to the explanation from the involved worker to understand their perspective and the reasons behind their actions. This also aims to assess whether the violation was due to an inadvertent mistake, thus still allowing for correction, or otherwise.
- Client (User)
Next, the outsourcing company will also listen to the client’s explanation regarding the impact of the violation on their operations and any other consequences that arose.
- HR (Outsourcing Company)
After hearing from both parties, the HR team of the outsourcing company will evaluate the violation committed by the employee and the actions to be taken in response to the violation.
3. Warning and Reprimand Actions
If the violation committed by the employee can be remedied, the outsourcing company will take two actions:
- Issuing a Warning Letter: The employee who committed the violation will receive an official warning letter. This letter outlines the consequences that will follow if a similar violation occurs in the future.
- Direct Reprimand: In addition to the warning letter, the employee will also receive a direct reprimand from the management of the outsourcing company. This reprimand aims to raise the employee’s self-awareness, so they can correct their mistakes and act more cautiously in the future.
4. Criminal Acts and Legal Processes
If the violation committed by the employee is classified as a criminal act, the outsourcing company will take stricter actions, such as:
- Contract Termination: The outsourcing company will immediately terminate the employment contract with the employee who committed the criminal violation to protect the client and the company.
- Legal Process: Based on discussions with the client, the outsourcing company may also bring the violation case to legal proceedings if necessary.
5. Provision of Replacement Workers
In the event of a contract termination due to the violation, the outsourcing company is obligated to provide a replacement worker for the vacated position. This is aimed at maintaining a good relationship and demonstrating the outsourcing company’s commitment to client satisfaction.
In essence, no matter how minor the violation committed by an outsourcing worker, the client company will still experience negative impacts from the issue. Therefore, choosing a professional, competent, and trustworthy outsourcing company is key to minimizing the risk of violations by the recruited outsourcing workers.
If your company is interested in utilizing Outsourcing Services, RecruitFirst Indonesia is here as the right solution! Not only are we experienced, but our team also has a very high commitment to quality and integrity.
Before recruitment, we gather information from various sources and accurate references regarding candidates’ identities, education, work experience, as well as digital footprint and criminal history checks.
Thus, it is ensured that the employees we recruit are individuals of high quality, both in terms of skills and behavior, given they have undergone a very stringent selection process.
So, what are you waiting for? Let’s work together, contact us now!
