A relationship law is classified as an employment relationship if the elements in the employment agreement are fulfilled. However, it is known that there is no written work agreement that regulates the elements of work, wages, and authority between the company, namely PT. Kereta Api Indonesia (Persero) or the station with the porters.

If the relationship law between workers and the company is an employment relationship, then the company is responsible for the right to workers' wages, but if the legal relationship is not an employment relationship, then the right to wages is the responsibility of the workers themselves.

5. Not Paid by PT KAI (Persero)

Porters are there to work in the station environment because porter services are needed by passengers. Porters do not receive a basic salary from PT. Kereta Api Indonesia (Persero) because there is no employment relationship between porters and PT. Kereta Api Indonesia (Persero) or the railway station.

PT. Kereta Api Indonesia (Persero) only provides permission to work in the station environment and provides supervision so that work in the railway station environment remains orderly and organized.

6. Porter Recruitment

Regarding the porter recruitment process, it is fully delegated to the porter coordinator. PT. Kereta Api Indonesia (Persero) does not conduct worker procurement or recruitment for porters. Thus, the status of the legal relationship of porters at the railway station is not an employment relationship, so the status of porters at the station is that of a freelancer.

*This article is the personal opinion of the author and does not represent the views of the editors Legal Literacy Indonesia.