Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty

This research analyzes the formulation of boilerplate clauses in outsourcing agreements, focusing on how these clauses ensure legal balance and certainty for all parties involved. It reviews critical components such as Choice of Law, Language Clauses, and Severability Clauses, identifying their roles in achieving fair and enforceable agreements. Utilizing a normative legal research method, this study examines Indonesia's Employment Law No. 13 of 2003 and Government Regulation No. 35 of 2021, which outline the guidelines for outsourcing, including the legal requirements for contracts with outsourced workers. Findings suggest that incorporating boilerplate clauses within outsourcing agreements strengthens legal certainty and balance between the outsourcing agency, employer, and outsourced workers, addressing potential issues of norm ambiguity and ensuring adherence to national labor standards. The research emphasizes the importance of these clauses in upholding the principle of legal balance and protecting the rights of outsourced employees.

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Publication Details

Journal
International Journal of Engineering Business and Social Science
Published
2024-10-28
DOI
https://doi.org/10.58451/ijebss.v3i1.102
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty

I Nyoman Sujana, Johannes Ibrahim Kosasih, Komang Eri Suta Wibawa
International Journal of Engineering Business and Social Science
Legal Studies and Policies
article

Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty

I Nyoman Sujana, Johannes Ibrahim Kosasih, Komang Eri Suta Wibawa
article en

Abstract

This research analyzes the formulation of boilerplate clauses in outsourcing agreements, focusing on how these clauses ensure legal balance and certainty for all parties involved. It reviews critical components such as Choice of Law, Language Clauses, and Severability Clauses, identifying their roles in achieving fair and enforceable agreements. Utilizing a normative legal research method, this study examines Indonesia's Employment Law No. 13 of 2003 and Government Regulation No. 35 of 2021, which outline the guidelines for outsourcing, including the legal requirements for contracts with outsourced workers. Findings suggest that incorporating boilerplate clauses within outsourcing agreements strengthens legal certainty and balance between the outsourcing agency, employer, and outsourced workers, addressing potential issues of norm ambiguity and ensuring adherence to national labor standards. The research emphasizes the importance of these clauses in upholding the principle of legal balance and protecting the rights of outsourced employees.

International Journal of Engineering Business and Social ScienceVol. 3(1)
Warmadewa University (ID)
Decent work and economic growth
Openalex Percentile: Top 64%
Legal Studies and Policies
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