Many people have used online shopping platform for shopping and used delivery service since the Covid-19 pandemic. There are several e-commerce sites compete offering best service and low price to the customers. There would numbers of promo they are offering to the customers such as free shipping promo and discount on the certain days (they call National Breakdown Day or Harbolnas). This also happen on Shopee Express (SPX) (the shopee’s expedition) as the e-commerce that have greatest customers in Indonesia.
The information about the Shopee Express couriers’ wages was twitted by @arifnovianto_id. He twitted about the wages that the couriers were paid IDR 5.000 for each package by the Shopee company and then it cut by the company become IDR 3.000, IDR 2.500 for several times later and it became IDR 1.500 for each package since April 2021.
The labor law lecturer of Gadjah Mada University (UGM), Nabiyla Risfa Izzati responded to the issue. She said all the couriers of all expeditions would be as SPX couriers as long as they are still partners. According to her, the partnership system run by shopee and the partners based on law no. 20 of 2008 concerning micro, small and medium enterprises (UMKM)
"It means that there are no parties who can change the provisions of one of the parties," said Nabiyla when contacted by Alinea.id, Monday (19/4).
Partnership is explained in UMKM law as “cooperation in business either direct or indirect based on the principle of mutual needs, strengthening, and profit involving the UMKM and big business”. The further partnership pattern is regulated in government regulation (PP) no. 17 of 2013 concerning the implementation of UMKM law. The partnership between Shopee and its couriers partner is a profit sharing partnership, refers to the regulation.
The PP does not clearly explain the responsibilities of large businesses to their partners in profit-sharing partnerships. It is only the contribution and profit-loss borne by the partners according to the agreement which is emphasized in the PP. Nabiyla considered based on the partnership concept, the company does not have responsibility to provide workers’ rights as stated in law no. 13 of 2003 concerning employment and law number 11 of 2020 concerning Job Creation (Cipta Keja)
“Well, this shows, there is a legal gap that is found by employers to hire people without the employment relationship but a partnership. It is because there’s no legal regulation for the partnership” she said. This is because the partnership itself has no legal clarity," he said.
Nabiyla added that companies, service providers, and e-commerce owners can give sanctions or fired/stop the partnership without giving compensation at any time. It is because we do not have clear legal definition about partnership and their rights. (Jannah). (Jannah)
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