The Influence of International and Islamic Law on Labor Laws in Indonesia and Morocco

Abstract

Employment contract between workers and employers are the basis for determining rights and obligations. This contract is influenced by the laws governing a contractual relation and its historical experience. By comparing the laws of employment from three sources of law, namely Indonesian law, Moroccan law, Islamic law, and international law, it is concluded that international law has an effect on national law. Islamic law has little effect on employment contract. The influence of Islamic law is found more in Moroccan regulations than in Indonesian regulations. Some of the different concepts regulated in these legal sources include the concept of a work agreement, age restrictions on children who can enter into a working relationship, objects or jobs to be employed, and the division of work areas. This research has implications for the competition of international work transactions or the acceptance of foreign workers due to the same arrangements although with certain restrictions according to the policies of a country. Keywords : employment law, work contract, worker, employer, child worker