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of the independent contractor of the Anglo-American Law. To be noted also that the
wages of a labor contract may be paid in money, board and lodging, clothing, a
percentage of the product, the use of land for domestic animals, etc. Iff payment is to
be made other than as provided, five times the value in money therof is owing, and
the second provition is that an agreement by the employee not to serve ina particular
way after the termination of his employment is only valid if in writing. The indies
employer was obliged to grant Sundays off and such days as locally were equated
with Sundays which less than 52 per year. Finally the courts were not in accord as to
the measure of damages to be awarded if the law was not complied with.
In the normal labor contract, a given period the contract ends at the expiration of
that time, without reqirement of any notice of termination unless the contract itself so
stipulates or the law or local practice so requires. But if the time is not specified,
either party has the right to terminate upon giving notice. There are actually the right
to terminate without noticing other party but it is illegal unless the other party
agrees thereo, save one of two cirumstances which are that the party terminating
indeminfy the other or that the termination is for good cause.
Furthermore, idemnification is in the case for a contract with unspecified time, is
at present equal to the wages owed to the first following day upon which the
contractwoudl end if notice of termination had been given on the day of dismissal.
Special Legislation for Europeans
It was the murder of an assistant manager on a Sumatran plantation by coolie that
led to the first comprehensive labor legislation in the Indies. Labor on these
plantations was the so-called contract labor. It was bound to serve by reason of a
criminal sanction, and had no opportunity of wreaking vengeance fir real or
supposedlyy real intolerable labor conditions on its employer, and so constitued a
dangerous threat to the lives of the european personnel that managed the estates.
In spite of a strong desire on the part of Employers assistant reuglation, the
government, when it enacted the general labor law title of the Civil Code, retained this
special labor legislation alongside the general European labor law, in 1931 the law is
amanded which the penal clauses of the assitant regulation were out of line with the
general principles of the criminal law, showing a tendency to make a labor law a
criminal alw, with the penalties exclusively imposed upon the employer.
In 1938 the Supplementary Planters regulation replaced the assitants regulation.
The chief reason for the new law was the legislative intent to extend the rules of the
older law to emploees of agricultural enterprises throughout the whole of the Indies.
The new law declares its provisions applicable to labor contracts between employer,
the wner of the agricultural enterprise, employee, with the expert direction and
supervision of the wor, without regard to the racial group intention of the parties, or
the place where the contract was executed. The provision of title 7A of the Civil Code
are applicable insofar as not derogating from the Supplementary Planters Regulation.
There are a lot of improvement of the labor law of the Civil Code in the new
statute rather than Assistants Regulation from respect to notice of termination, wages,
etc. The last years, have seen the end of special legislation for natives and foreign
orientals that constitued the final vestiges of a colonial policy long past. The
progressive attitude of the government, especially in the promotion fo the smaller
agricultural and industrial enterprises, The provisions of law are concerned wth hours
of labor, safety measures and other matterspartaking of the naturue of social
legislation, but there are article more directly concerned with the relationshio of
employer and employee.
Name: Djeri Oktafyan Wowiling
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