Penerapan Asas Kebebasan Berkontrak dan Proporsionalitas dalam Perjanjian Kerja antara Pengusaha dan Pekerja di Banjarmasin

Employment agreements must contain the principle of freedom of contract and the principle of proportionality. However, in practice, these two principles often experience a degradation to be applied in work agreements that bind workers and employers. In addition, from a sociological perspective, the employer is a party that is higher than the workforce, in other words, the worker is the weak party. Workers do not have the freedom to determine what they want, so they just participate in work agreements made by default by the employer. The formulation of the problem from this research is how to apply the two principles into the Employment Agreement, then whether the application of the two principles provides legal protection for workers based on the Employment Agreement, and what factors are the supporting and inhibiting factors in the application of the two principles. The research method used by the author is sociological juridical research at company in Banjarmasin. From this study, the authors found the results that the application of these two principles at PT. Panca Teknik that is not yet fully implemented. This is because there are still conflicts with the law both in terms of the type and content of the work agreement. The inhibiting factor from the application of these two principles is the lack of socialization from the company regarding work agreements for workers