Tan Kamello

The Government's Role in the Protecting The Principle Freedom of Contract in Employment Contracts

The principle of freedom of contract to be regarded as a basic principle of contract formation but could be legal problems if it does not protect the weak party. In the employment contract, the bargaining position between businessmen and workers are not always balanced. Strong bargaining position between businessmen and workers depend on the position of the ability of the parties to the negotiations. For workers who do not have the education, expertise, skills and experience then the employer has a weak bargaining position so just accept what the conditions, rights, obligations, and procedures in the employment agreement previously set by the business / employer. The employment agreement without bargaining is caused by high unemployment, as a result of very low employment rate and the low quality of labor. This article investigate the role of government in protecting workers who have a weak bargaining position through legislation, labor inspection and affirmative action.