Regulation of protection and fulfillment of employee rights of go-jek drivers under Indonesian employment regulation

Abstract

Go-Jek is the biggest and successful company which provides an online transportation solution for people in Indonesia through the mobile phone application by giving the impression of being the liaison between drivers and passengers. Go-Jek drivers are referred to as "partners" who can determine the amount of their income and their own working hours. However, in reality, the partnership relationship offered that aligns drivers with transport providers has exploitative relationships. The drivers are treated as informal workers without employment protection. Using technology, Go-Jek company has managed to set the drivers but still seem to have an equal relationship and give the freedom of employment as if there were no exploitation of the drivers. This rhetoric rests on the conventional concept of working relationships that the employer has the means of production and pays an hourly wage. The fact that the company only provides the application is always emphasized to create the impression that the driver is not a worker. So the system creates an imbalance of access and power that enables the company to keep drivers working and at the same time, the company eliminate the rights of drivers as workers and charge them and risk them.