Implementasi Masa Percobaan (Probation) bagi Pekerja pada Fourteen Roses Boutique Hotel

Abstract

The implementation of probation in employment relationships within the hospitality industry continues to raise legal concerns, particularly when applied to employees under Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu/PKWT), despite being prohibited under Indonesian labor law. This study examines the implementation of probation at Fourteen Roses Boutique Hotel and analyzes the legal protection available to employees affected by practices inconsistent with labor regulations. The research employs an empirical legal method using statutory, conceptual, and sociological approaches. Primary and secondary data were collected through interviews, documentation, and literature review, then analyzed qualitatively with quantitative support. The findings indicate that probation is still imposed on employees under PKWT, contrary to applicable labor legislation. The study also reveals the absence of clear probation procedures and inadequate fulfillment of employees’ normative rights during the probation period, resulting in legal uncertainty, reduced employment protection, and potential financial and legal losses for employees. These practices weaken the principles of legal certainty and worker protection embedded in Indonesian labor law. Therefore, stronger government supervision, stricter employer compliance with labor regulations, and clearer legal norms are required to prevent unlawful probation practices and ensure adequate legal protection for employees in the hospitality sector.