Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty
Keywords:
outsourcing agreements, boilerplate clauses, legal certainty, Employment Law, principle of balanceAbstract
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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