Protecting Outsourced Workers' Rights through Responsible Employment Transitions and Third-Party Employment Governance

Syarif Hidayatullah State Islamic University Jakarta demonstrates its commitment to responsible employment practices by establishing institutional safeguards for workers whose employment management is transferred to third-party service providers. The University recognises that outsourcing arrangements must be accompanied by appropriate protection of workers' rights, including employment continuity, remuneration, social security, working conditions, and access to relevant employment support.

In 2024, UIN Jakarta implemented an institutional workforce transition programme affecting several categories of non-civil servant employees. The programme was accompanied by written employment assurances, requirements for third-party service providers, and coordination mechanisms intended to safeguard workers during the transition. These measures reflect the University's efforts to balance compliance with national civil service regulations and the protection of workers who have contributed to its institutional operations. The initiative contributes to Sustainable Development Goal 8: Decent Work and Economic Growth by recognising the importance of protecting workers' welfare and employment rights in third-party service arrangements.

1. Implementing the 2024 Outsourcing Employment Transition

During 2024, UIN Jakarta implemented changes to the management of certain non-State Civil Apparatus (non-ASN) employees in response to national civil service regulations. The employment transition was associated with the implementation of Law Number 20 of 2023 concerning the State Civil Apparatus, alongside administrative guidance issued by the Ministry of Administrative and Bureaucratic Reform and the National Civil Service Agency. To address the employment status of affected personnel, the University introduced an outsourcing arrangement for several supporting service categories.

These categories included:

• Security personnel.

• Drivers.

• Cleaning service personnel.

• Catering and food service personnel.

Under the institutional arrangement, the management of these employees was transferred to third-party service providers beginning on 1 July 2024. The University established this transition through formal cooperation arrangements with external employment management providers. Importantly, UIN Jakarta publicly stated that the transition should take account of the contributions and welfare of employees who had previously served the institution. The objective was not simply to transfer employment administration but also to provide continuity and protection for the affected workforce.

2. Establishing Written Guarantees for Affected Employees

The University's commitment was formally documented through Official Notification Letter Number B-4489/R.II/KP.09/06/2024. The letter communicated the University's employment transition arrangements to faculty leaders, administrative offices, institutional units, and affected employees. It explicitly stated that UIN Jakarta would continue protecting workers whose employment management was transferred to third-party providers so that they could remain working within the University's environment. The letter also established that third-party providers must maintain coordination with the University regarding the management of outsourced employees.

This is particularly significant because it demonstrates that the University did not describe outsourcing solely as an administrative transfer. Instead, it formally identified the protection of affected workers and continuity of employment as considerations within the transition process. The official notification provides direct institutional evidence of a written commitment to protecting employees affected by outsourcing arrangements.

3. Supporting Employment Continuity and Contract Renewal

Employment continuity is a significant concern for workers transferred from direct institutional management to third-party employment arrangements. The University's June 2024 notification addressed this concern by establishing conditions concerning continued employment. It stated that outsourced workers' employment contracts with the external provider would be renewed annually, subject to satisfactory performance and compliance with applicable regulations.

The notification also specified that the workers would continue to be assigned to UIN Jakarta. These provisions provided an institutional framework for maintaining the connection between affected employees and their existing workplace. The arrangements recognised the importance of protecting employees who had already contributed to the University's operations. However, annual renewal remained conditional on performance and applicable regulations and should not be interpreted as an unconditional guarantee of permanent employment. The available documentation also does not establish that identical employment continuity provisions were applied to every third-party worker or subsequent service contract.

4. Establishing Remuneration Arrangements for Outsourced Personnel

The University's official notification also identified remuneration arrangements for the affected employee categories.
The announced monthly take-home pay was:

The figures were published as part of the University's 2024 employment transition arrangements. By communicating these amounts, UIN Jakarta established identifiable remuneration provisions for workers whose employment management was transferred to third-party providers. The University also stated that external employment providers were required to follow its standards concerning salary administration.

The published remuneration arrangements demonstrate institutional involvement in defining employment conditions rather than leaving all aspects of employee compensation entirely unspecified. Nevertheless, the existence of announced remuneration amounts does not establish that outsourced employees received identical compensation to directly employed personnel. Compliance with applicable wage legislation and the adequacy of actual remuneration require separate verification using employment contracts and payroll records.

5. Protecting Access to Health and Employment Social Security

Beyond remuneration, UIN Jakarta explicitly recognised the importance of social security protection for outsourced employees. In its official communication published on 2 July 2024, the University stated that affected workers would receive access to BPJS Kesehatan and BPJS Ketenagakerjaan. These arrangements concerned health insurance and employment-related social security protection.

The University also described the availability of overtime arrangements where required. For employees transitioning to outsourcing status on 1 July 2024, the University identified the handling of outstanding remuneration, meal allowances, and overtime payments relating to their preceding period of service. It also described support for claims concerning employment social security benefits, including Old-Age Security (Jaminan Hari Tua, JHT) and Pension Security (Jaminan Pensiun, JP).

The University's human resources team was expected to assist employees with the collective administration of relevant social security claims. These measures demonstrate that the institution recognised several dimensions of employment welfare, including compensation, social insurance, and the handling of entitlements arising during an employment transition. The documented arrangements are relevant to the principle that workers should not be deprived of legally applicable rights merely because their employment is administered through a third-party provider.

However, confirmation of actual insurance enrolment, premium payments, and individual benefit coverage requires supporting administrative records.

6. Maintaining Institutional Coordination with Third-Party Service Providers

The outsourcing arrangement also established expectations concerning coordination between external employment providers and the University. The June 2024 official notification stated that the third-party provider would continue involving and coordinating with UIN Jakarta in managing outsourced personnel. In the University's July 2024 public communication, University leadership further explained that service providers were expected to comply with institutional standards regarding:

1. Employee remuneration.

2. Health and employment insurance.

3. Personnel management and development.

4. Coordination concerning outsourced employees.

These requirements demonstrate the University's recognition that outsourcing does not eliminate the need for institutional attention to the welfare of workers delivering services on campus. By maintaining coordination with the service provider, UIN Jakarta established a mechanism intended to support the continuity of employment administration and communication concerning employee welfare. The existence of this coordination requirement is significant for assessing whether the institution has established measures to protect workers affected by third-party employment arrangements. Nevertheless, the public documentation does not provide the complete service contracts or independent audit results needed to verify every contractual protection and its implementation.

7. Documenting Outsourcing Governance in the 2024 University Performance Report

UIN Jakarta's 2024 University Performance Report provides additional institutional evidence concerning the outsourcing transition. On page 12, the University described its response to national regulations concerning non-ASN personnel and the implementation of outsourced supporting-service workers. The report explained that the University sought employment arrangements for affected personnel while taking their previous contributions into consideration.

It also stated that third-party providers were selected according to requirements established by UIN Jakarta. Importantly, the report documented the University's position that the selected providers had followed its requirements concerning remuneration, healthcare and insurance facilities, and coordination in employee management.

The inclusion of this information in the University's annual performance report demonstrates that the outsourcing arrangement was not merely an isolated public announcement. It became part of the institution's documented employment governance activities during the 2024 reporting year. This institutional performance reporting supports the existence of an implemented outsourcing-management framework that incorporated worker welfare and protection considerations.

8. Applying National Legal Protections for Outsourced Workers

The University's outsourcing arrangements operate within Indonesia's national employment protection framework. Government Regulation Number 35 of 2021, particularly Articles 18 and 19, establishes provisions concerning outsourced employment relationships and worker protection. Article 18 requires outsourced employment relationships to be established through written fixed-term or indefinite-term employment agreements.

It also provides that the protection of outsourced workers, remuneration, welfare, working conditions, and employment disputes must comply with applicable legislation. The regulation assigns responsibility for these matters to the outsourcing company. Article 19 further requires the protection of workers' rights when an outsourcing provider changes, in circumstances covered by the regulation.

These provisions provide an important national legal foundation for protecting workers employed through third-party service providers. The framework establishes that outsourced workers remain entitled to the protections prescribed under applicable employment legislation.

For UIN Jakarta, this framework is relevant to the employment arrangements announced and implemented during 2024. However, statutory protection should not automatically be interpreted as an entitlement to every employment benefit available to civil servants or permanent University employees, as different employment categories may be governed by different legal arrangements.

9. Strengthening Verification of Equivalent Employment Rights

THE Impact Rankings Indicator 8.2.5 requires evidence that workers retain equivalent rights when their employment activities are outsourced to third parties. The University's 2024 documents provide evidence of employment continuity commitments, remuneration arrangements, social security protection, and institutional coordination with service providers.

These provisions are important indicators of responsible outsourcing governance. Nevertheless, demonstrating full equivalence of employment rights requires further examination of the contractual arrangements governing outsourced employment. Relevant documentary evidence would include the University's service agreements with third-party providers, employment contracts, provisions concerning statutory benefits, working hours, leave, overtime, grievance procedures, and arrangements protecting workers' rights if providers change.

It would also be important to verify the practical implementation of these provisions through appropriate human resources and procurement documentation. The reviewed public evidence establishes specific worker-protection commitments but does not independently verify equivalence across every employment entitlement.

10. Contribution to SDG 8: Decent Work and Economic Growth

Syarif Hidayatullah State Islamic University Jakarta has demonstrated institutional efforts to protect workers affected by outsourcing arrangements. Through its June 2024 official notification, the University established written assurances concerning employment continuity, remuneration, and coordination with external employment providers.

Its July 2024 public communication further documented the provision of health and employment insurance, overtime arrangements, and assistance with relevant social security entitlements. The University's 2024 Performance Report confirmed that the outsourcing transition formed part of its institutional employment governance. These measures were supported by Indonesia's national legal framework concerning the protection of outsourced employees.

Together, these documented policies and implementation measures demonstrate that UIN Jakarta established a formal approach to safeguarding important employment rights when transferring worker management to third-party providers. The available evidence strongly supports the existence of institutional worker-protection arrangements. Verification of complete rights equivalence, including applicable contractual benefits and grievance mechanisms, remains necessary to demonstrate full compliance with THE Impact Rankings Indicator 8.2.5. By strengthening these protections and their documentation, UIN Jakarta contributes to the achievement of Sustainable Development Goal 8 through responsible employment governance, worker welfare, and the protection of labour rights.

Source :
https://asset.uinjkt.ac.id/uploads/fmXyXwZY/2024/07/b-4489-surat-pemberitahuan-tenaga-alih-daya.pdf 
https://uinjkt.ac.id/id/implementasikan-uu-asn-uin-syarif-hidayatullah-jakarta-berkomitmen-berikan-solusi-terbaik 
https://asset.uinjkt.ac.id/uploads/fmXyXwZY/2025/02/Laporan-Kinerja-UIN-JAKARTA-2024-PUBLISH.pdf 
https://peraturan.go.id/files/pp35-2021bt.pdf