Abstract:
The practice of companies withholding diplomas as a condition of employment
is an employment law issue that reflects the unequal position between employers
and workers and the weak protection of workers' rights. Although this practice
is not explicitly regulated in employment law, it has the potential to go against
the principles of freedom of contract, fair employment relations, and human
rights. This study aims to analyze the form of legal protection for workers, and
the government's responsibility in preventing and combating this practice.
Through normative legal research, it was concluded that the detention of
diplomas could violate the constitutional rights of workers, potentially making
the agreement invalid. Legal protection can be provided in a preventive and
repressive manner, based on national law and international human rights
instruments. The government's responsibility is strengthened through
supervision, mediation, and the issuance of the Circular Letter of the Minister
of Manpower No. M/5/HK.04.00/V/2025. Nevertheless, stronger laws and
regulations are needed to ensure legal certainty and the effectiveness of legal
protection for employees.
