Volume 6 Issue 5 July, 2026: p. 219 - 233
E-ISSN: 2775-619X

: 10.47268/tatohi.v6i5.3892

Violation of Standard Operating Procedures (Smile, Greet, Say Hello) in the Company's Regulations on Employment

Ariyanti Sofiya Saputri¹, Helsina Fransiska Pello², Rini Marselin Kaesmetan³

^1,2,3 Faculty of Law, Universitas Nusa Cendana, Kupang, Indonesia.

: ariyantisofiyasaputri@gmail.com
Corresponding Author^*

Abstract
Introduction: Violation of the Standard Operating Procedure (SOP) of Smile, Greet, Say Hello is a form of violation of minor work discipline in Company Regulations or Collective Labor Agreements. Sanctions for this violation are generally in the form of verbal and written reprimands, to a Warning Letter in stages in accordance with the provisions of labor law. Purposes of the Research: This study aims to juridically analyze violations of the Smile, Greeting, and Salutation Standard Operating Procedure (Smile, Greet, Say Hello SOP) in company regulations based on Law Number 13 of 2003 concerning Manpower. The study focuses on the legal position of the Smile, Greet, Say Hello SOP in employment relationships, employees’ obligations to comply with company regulations, the classification of Smile, Greet, Say Hello SOP violations, as well as the mechanisms for dispute resolution and sanction implementation. Methods of the Research: This research employs a normative legal research method using statutory, conceptual, and analytical approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed descriptively and qualitatively. Findings of the Research: The results indicate that the Smile, Greet, Say Hello SOP has the status of a valid and binding internal company norm when stipulated in company regulations or collective labor agreements in accordance with labor law provisions. Violations of the Smile, Greet, Say Hello SOP are generally classified as minor disciplinary violations, the settlement of which should prioritize guidance, verbal warnings, and written warning letters applied progressively. The imposition of sanctions must be proportional, objective, and consistent with the principles of worker protection and legal certainty. The mechanism for resolving SOP violations is carried out through internal company procedures, bipartite negotiations, mediation, and the Industrial Relations Court in the event of disputes. Therefore, the implementation of the Smile, Greet, Say Hello SOP not only functions to establish a professional work culture and excellent service but must also ensure a balance of rights and obligations between employees and employers within industrial relations.
Keywords: Smile, Greet, Say Hello SOP; Company Regulations; Labor Law; Work Discipline; Industrial Relations.
Submitted: 2026-05-08	Revised: 2026-07-27	Accepted: 2026-07-28	Published: 2026-07-31
How To Cite: Ariyanti Sofiya Saputri, Helsina Fransiska Pello, and Rini Marselin Kaesmetan. “Violation of Standard Operating Procedures (Smile, Greet, Say Hello) in the Company's Regulations on Employment.” TATOHI: Jurnal Ilmu Hukum 6 no. 5 (2026): 219-233. https://doi.org/10.47268/tatohi.v6i5.3892
Copyright ©2026 Author(s)	Creative Commons Attribution-NonCommercial 4.0 International License

INTRODUCTION

The company as a legal entity has a responsibility not only in carrying out its business activities, but also in creating an orderly, safe, and conducive work environment for all employees.¹ The achievement of company goals is highly dependent on employee productivity and discipline, which are directly influenced by the behavior and work ethics in the work environment.² One of the efforts taken by the company to regulate employee behavior is through the systematic implementation of company regulations and Standard Operating Procedures (SOPs), including behavioral aspects known as Smile, Greet, Say Hello, namely smiling, greeting, and greeting colleagues and customers.³

The implementation of the SOP Smile, Greet, Say Hello is not only administrative, but also has strategic value in building a professional, harmonious, and service-oriented work culture. Interaction etiquette such as smiling, greeting, and greeting can improve the comfort of the work environment, strengthen interpersonal relationships between employees, and create a positive image of the company in the eyes of customers. Therefore, violations of these SOPs, even if they seem mild, can have a significant negative impact on the company's productivity and reputation.⁴

The labor law in Law Number 13 of 2003 concerning Manpower provides a legal framework for the implementation of employees' rights and obligations as well as company responsibilities. The Labor Law affirms that every employee is obliged to comply with company regulations, while the company is obliged to guarantee employee rights, including the right to fair treatment and a conducive work environment. Article 86 of Law Number 13 of 2003 emphasizes that workers have the right to receive treatment in accordance with human dignity and morality as well as morals and religious values, in relation to the implementation of SOP Smile, Greet, Say Hello, the company has the authority to form a work culture that supports excellent service, as long as the regulation does not violate the basic rights of workers. This means that the obligation of workers to implement the SOP must still pay attention to the aspect of proportionality, so that it does not turn into a form of pressure or coercion that exceeds reasonable limits in the employment relationship.⁵

Article 161 of Law Number 13 of 2003 states that violations of company regulations can be the basis for the imposition of disciplinary sanctions, even termination of employment if carried out repeatedly or severely, in the event of violations of SOP Smile, Greet, Say Hello, the company must first conduct coaching, reprimands, or written warnings before imposing heavier sanctions. The process must be carried out with the principles of fairness, transparency, and in accordance with the mechanisms that have been agreed in company regulations and collective labor agreements.⁶ From the perspective of employment law, violations of the SOP Smile, Greet, Say Hello are basically included in the category of minor violations that are more appropriate to be resolved through coaching rather than harsh sanctions. The application of sanctions must consider the intention, frequency of violations, and their impact on the company's operations.⁷ The principle of harmonious industrial relations as mandated by Law Number 13 of 2003 must be maintained, so that company rules function as guidelines for the formation of work ethics, not a repressive tool against workers.

A review of the normative literature provides a deeper understanding of the implementation of company regulations and the consequences of their violations. Various human resource management studies show that the consistent implementation of SOPs, including SOP Smile, Greet, Say Hello, has a positive correlation with job satisfaction, employee loyalty, and service effectiveness to customers.⁸ Therefore, the enforcement of the 3S SOP is not solely administrative, but also a strategic instrument in human resource management and the development of company culture.

The implementation of SOP Smile, Greet, Say Hello is an important part of the company's standard operating procedures, especially those engaged in services that involve direct interaction with customers. This SOP aims to maintain consistency in service quality and create a harmonious and professional working atmosphere. Non-compliance with the SOP of Smile, Greet, Say Hello can lead to a decrease in service quality, reduced customer trust, and potential conflicts in industrial relations in the company. Therefore, it is necessary to conduct an in-depth juridical review to understand the legal position of violations of the Smile, Greet, Say Hello SOPs, sanctions enforcement mechanisms, and their implications for company management.⁹

The phenomenon that occurs in various companies related to the implementation of SOP Smile, Greet, Say Hello shows the dynamics of enforcing strict work discipline as part of efforts to maintain service quality. Some companies implement SOP Smile, Greet, Say Hello as an operational standard in employee interaction with customers and external parties. Non-compliance with these SOPs, such as not giving a smile or a friendly greeting, can result in a decrease in service quality that negatively impacts the company's reputation.¹⁰ Despite the fact that in practice, employees have long tenures, violations of this principle often still receive strict sanctions, including reprimand or even termination of employment. This is because the SOP Smile, Greet, Say Hello is not just a formality, but part of a framework that creates a professional culture and excellent service in the company. Some cases show that the sub-optimal implementation of Smile, Greet, Say Hello can be caused by weak management supervision or indecisiveness in the implementation of sanctions, thus causing gaps in the implementation of SOPs.¹¹

The urgency of this problem lies in the legal implications that arise due to SOP violations. Consistent enforcement of SOPs is important to maintain a productive and professional work environment, as well as protect workers' rights as stipulated in Law Number 13 of 2003 concerning Manpower. Non-compliance with SOPs, including work ethic aspects such as smiles, greetings, and greetings, can have a negative impact on industrial relations, customer satisfaction, and company image.¹²

This case raises important questions about the balance between employees' rights to job protection and the obligation to comply with company regulations. From a legal perspective, Law Number 13 of 2003 concerning Manpower emphasizes the need for fair treatment of workers, including the provision of proportionate and procedural sanctions.¹³ This incident highlights the importance of consistency in the enforcement of SOPs to build a disciplined and professional work culture. Non-compliance with the SOP of Smile, Greet, Say Hello not only affects service quality and customer satisfaction, but also poses an internal risk in the form of unfair perception among employees.¹⁴

Violations of SOPs and sanctions applied have direct implications for the work climate and the relationship between management and employees. Consistency in SOP enforcement will strengthen a professional company culture, increase customer satisfaction, and provide legal certainty for both parties.¹⁵ However, if not balanced with a good evaluation and coaching mechanism, decisive actions such as termination of employment can cause employment disputes and negatively impact the company's image.¹⁶

This study aims to juridically review violations of the Smile, Greet, Say Hello SOP, evaluate sanctions enforcement mechanisms, and analyze the legal and managerial implications for each company. This approach is not only important for legal certainty, but also for improving the effectiveness of human resource management and building a professional and harmonious work culture, so the question that can be used to study and analyze this research is what are the legal provisions in Law Number 13 of 2003 concerning Manpower related to violations of Standard Operating Procedures (Smile, Greet, Say Hello) in companies? What is the position of the Standard Operating Procedure (Smile, Greet, Say Hello) in the company based on Law Number 13 of 2003 concerning Manpower? What is the mechanism for resolving violations of Standard Operating Procedures (Smile, Greet, Say Hello) according to company regulations and labor laws and regulations?

METHODS OF THE RESEARCH

This research is a normative legal research. The approaches used in this writing include the statute approach, the conceptual approach, and the analytical approach. The research materials used are primary, secondary and tertiary legal materials. The data collection technique used is a library research that uses literature and archives from secondary legal materials, then the data that has been collected is analyzed using a qualitative descriptive method to analyze and answer in depth about the problems that have been formulated.

RESULTS AND DISCUSSION

1. Legal Provisions in Law Number 13 of 2003 concerning Manpower Related to Violations of Standard Operating Procedures (Smile, Greet, Say Hello) in Companies

1. Position and Case Analysis for Violations of SOPs (Smile, Greet, Say Hello) in Employment Relations

The position of the Standard Operational Procedures of Smile, Greet, Say Hello in employment relations is basically attached to the authority of the employer to regulate the rules and mechanisms of work implementation in the company environment. According to Law Number 13 of 2003 concerning Manpower in Article 108, it is explained that SOPs are part of the company's internal regulations that are prepared to ensure the smooth work process, improve service quality, and shape workers' work attitudes and behaviors in accordance with the company's vision and culture. SOP Smile, Greet, Say Hello is generally applied, especially to companies engaged in services or public services, so that it has a strategic function in maintaining the Company's image and professionalism.

Juridically, the SOP Smile, Greet, Say Hello obtains binding force if it is clearly contained or referred to in the employment agreement, company regulations, or collective bargaining agreement as stipulated in Law Number 13 of 2003. Company regulations themselves are guidelines that contain work conditions, rights and obligations of employers and workers, including provisions regarding discipline and work order,¹⁷ With the inclusion of the SOP in the company regulations or collective labor agreements that have been ratified and socialized, the SOP Smile, Greet, Say Hello becomes an integral part of the employment relationship and must be complied with by workers.

Compliance with the SOP of Smile, Greet, Say Hello is also directly related to the obligation of workers to carry out work in accordance with the Company's orders and rules, in a subordinate employment relationship, workers are under the orders of the employer as long as the order does not conflict with laws and regulations, decency, and propriety. Therefore, as long as the implementation of the SOP Smile, Greet, Say Hello does not violate workers' human rights, is not discriminatory, and does not place workers in conditions that degrade human dignity, the SOP is legally valid and binding as part of the implementation of employment relations.¹⁸ So that the SOP Smile, Greet, Say Hello has a position as an internal norm of the company that functions to regulate work behavior and service ethics. Violations of the SOPs cannot be seen as a purely personal problem, but as a form of non-compliance with company regulations that have implications for work discipline. However, because this SOP is related to attitudes and ethics, its implementation must be carried out in a reasonable, proportionate, and coaching-oriented manner, so that it remains in line with the principles of worker protection as mandated in the Labor Law.¹⁹

In general, a company must have standard operating procedures (SOPs), in some companies there are several cases where employees or workers violate these rules. Here are examples of cases and their analysis:

1. For example, it can be found that a prospective employee who is undergoing an observation period at one of the Alfamart outlets is found not to apply the SOP for Smile, Greeting, and Greeting to customers while on duty at the store. In fact, the company has set these service standards as part of the operational procedures that must be carried out by all employees, including those who are still in the orientation or observation stage. The direct supervisor then calls and reprimands the prospective employee verbally, provides an explanation of the importance of SOPs, and provides an opportunity to improve himself before deciding on the continuation of his status in the company. Under the Labor Law, companies can impose administrative sanctions gradually, such as the first warning letter to the next warning letter, in accordance with the provisions of the company's regulations. The implementation of these phased sanctions reflects the implementation of the employer's obligation to enforce discipline without ignoring the principle of worker protection²⁰.

2. Another example, there is a case in the hospitality sector where reception workers are considered not to apply the SOP of Smile, Greet, Say Hello, which causes guest complaints. If the violation occurs due to work fatigue or excessive workload, then based on the spirit of Law Number 13 of 2003, the company also needs to evaluate the working conditions of the worker. Violations of SOPs, in this case, cannot be solely imposed on workers without considering the employer's responsibility in providing decent working conditions. The right solution is coaching, workload adjustment, or retraining, not mere punishment.²¹ Therefore, an analysis of the legal provisions in Law Number 13 of 2003 shows that violations of SOP Smile, Greet, Say Hello must be placed within the framework of minor violations of work discipline.²² Its handling must be carried out gradually, objectively, and humanely, by prioritizing coaching and behavior improvement. The application of disproportionate sanctions, such as direct termination of employment only for violation of the SOPs, has the potential to be contrary to the principles of worker protection and the purpose of labor law that prioritizes the sustainability of employment relations.

2. Workers' Obligations to Comply with Company Regulations

The obligation of workers to obey company regulations is a juridical consequence of the existence of an employment relationship based on an employment agreement between the worker and the employer, in the employment relationship there are elements of employment, wages, and orders, where the element of order places the employer in a position that has the authority to regulate the course of work and order in the company environment. Company regulations are prepared as guidelines that regulate the rights and obligations of both parties, so that their existence becomes an important instrument in creating order, discipline, and smooth work processes.²³

This obligation is not only related to the implementation of the main duties of the job, but also includes compliance with the rules, work ethics, and standards of conduct set by the company. Company regulations serve as normative restrictions that direct workers' behavior to align with the company's goals and interests without neglecting workers' basic rights.²⁴

Workers' compliance with company regulations also plays an important role in maintaining order and harmony in industrial relations. If every worker carries out their work in accordance with the applicable rules, the potential for conflicts, disciplinary violations, and disruptions to company productivity can be minimized. The obligation to comply with company regulations is not solely intended as a form of formal compliance, but as an effort to create a safe, orderly, and conducive work environment for all parties.²⁵ However, the obligation of workers to obey company regulations is not absolute without limits. Company regulations must be drafted legally, do not conflict with higher laws and regulations, and do not violate the principles of justice, propriety, and protection of the dignity of workers. If the company's regulations are made unilaterally and contain provisions that are detrimental to or negate the normative rights of workers, then the obligation to comply with these regulations can be legally questioned.²⁶ Therefore, workers' compliance with company regulations should be seen as a reciprocal relationship between workers' obligations and employers' responsibilities to set fair and humane rules.

Violations of company regulations in practice, are seen as violations of work discipline that can have legal consequences for workers. However, the imposition of sanctions for these violations must be carried out proportionately, gradually, and coaching-oriented. This is in line with the principles of labor law that place the protection of workers and the continuity of employment relationships as the top priority, so that the enforcement of discipline does not turn into arbitrary actions on the part of employers.

3. Qualification of SOP Violation (Smile, Greet, Say Hello)

The qualification of violations of the Standard Operating Procedures of Smile, Greet, and Say Hello in employment relations needs to be seen from the nature, impact, and purpose of enforcing the SOP in the company environment. SOP Smile, Greet, Say Hello in general is related to attitudes, behaviors, and service ethics of workers in interacting with consumers, superiors, and colleagues. Because it is related to aspects of work behavior and manners, violations of this SOP do not directly touch the technical aspects of production, work safety, or material losses of the company, so it is more juridically qualified as a minor violation of work discipline.²⁷

From the perspective of Law Number 13 of 2003 concerning Manpower, violations of work discipline are distinguished based on the level of seriousness and consequences they cause. Minor violations are generally acts that do not cause major losses to the company, do not endanger work safety, and do not significantly interfere with business continuity.²⁸ Violations of the Smile, Greet, and Say Hello SOP fall into this category because they are more related to the lack of compliance with service ethics standards or work culture expected by the company, rather than actions that are clearly against the law or directly detrimental to the company.²⁹

Even though it is qualified as a minor violation, violations of the Smile, Greet, and Say Hello SOP still have implications for the company's image and service quality, especially for companies engaged in the service sector. Workers' non-compliance with the SOPs can reduce customer satisfaction levels and potentially affect the company's reputation. Therefore, the company has a legitimate interest in enforcing compliance with this SOP as part of efforts to maintain service standards and work professionalism. However, these interests must be balanced with the application of fair and proportionate sanctions.

The qualification of SOP violations of Smile, Greet, Say Hello must also pay attention to the frequency and pattern of violations committed by workers. If the violation occurs incidentally or due to momentary negligence, then the violation remains in the minor category and should be handled through coaching or reprimand. However, if the violation is repeated despite warnings and guidance, then the violation can be seen as a form of non-compliance with company regulations. In such conditions, an initially minor violation can develop into a more serious disciplinary violation because it shows an element of intentionality or bad faith on the part of the worker.³⁰

1. The Position of Standard Operating Procedures (Smile, Greet, Say Hello) in the Company Based on Law Number 13 of 2003 concerning Manpower

The Standard Position of Operational Procedures for Smile, Greet, Say Hello in companies based on Law Number 13 of 2003 concerning Manpower basically comes from the authority of employers to regulate governance and work discipline within the company. The law recognizes the existence of an employment relationship that contains elements of command, so that employers have the right to establish internal rules that regulate workers' ways of working, attitudes, and behaviors as long as the rules do not conflict with higher laws and regulations³¹. SOP Smile, Greet, Say Hello is seen as a guideline for work behavior that aims to shape work culture, service ethics, and worker professionalism.

Legally, SOP Smile, Greet, Say Hello has a binding position if it is stipulated as part of company regulations or collective labor agreements as stipulated in Law Number 13 of 2003. Company regulations are legal instruments that contain work conditions as well as the rights and obligations of employers and workers, including provisions regarding discipline and work order,³² with the inclusion of the SOP in company regulations or expressly referred to in the employment agreement, and after ratification and socialization to workers, the SOP Smile, Greet, Say Hello becomes an internal norm that must be complied with by all workers.

The position of the SOP Smile, Greet, Say Hello is also closely related to the employee's obligation to obey the company's regulations and carry out work in accordance with the legitimate order of the employer, in a subordinate employment relationship, workers are obliged to comply with rules related to the implementation of work and work ethics, as long as the rules do not violate the normative rights of workers and do not contradict the principles of justice, morality, as well as the protection of human dignity. Therefore, the SOP for Smile, Greet, and Say Hello cannot be applied arbitrarily, but must consider working conditions, workload, and basic rights of workers.

Although the SOP of Smile, Greet, Say Hello has binding power within the corporate environment, its position remains under laws and regulations. The SOP should not be used as a basis for neverifying workers' rights guaranteed by the Labor Law, such as the right to wages, rest time, and protection from inhumane treatment. Every violation of this SOP must be treated as a violation of work discipline whose handling is carried out proportionately and gradually, by prioritizing coaching.³³

The position of the Standard Operational Procedure of Smile, Greet, Say Hello in the company based on Law Number 13 of 2003 is as a valid and binding internal rule of the company if determined in accordance with the provisions of the law. The SOP functions as a guideline for work behavior and ethics in order to improve the quality of service and company image, as well as an instrument for fostering work discipline whose application must be in line with the principles of worker protection and justice in industrial relations.

Based on Law Number 13 of 2003, employment relationships contain elements of work, wages, and orders. This element of order gives legitimacy to employers to set internal rules, including SOP Smile, Greet, Say Hello, as part of discipline norms and work ethics. The SOP is legally binding as long as it is officially determined, registered in accordance with the provisions, and does not conflict with higher laws and regulations.

Employment law emphasizes a balance between the interests of employers and workers. Therefore, SOPs must not contain provisions that are discriminatory, degrade the dignity of workers, or negate the normative rights of workers. The SOP Smile, Greet, Say Hello should be seen as an administrative and ethical obligation, not as a tool to enforce obedience without adequate legal protection.

The implementation of SOPs that are clear, consistent, and prepared through dialogue with workers or unions can encourage work discipline while creating a professional and harmonious work culture. If there is a dispute due to the implementation of SOPs, the resolution refers to the mechanism regulated by law, namely bipartite negotiations, mediation, or industrial relations settlement forums.

In terms of legal certainty, SOPs that are clearly formulated, socialized to workers, and applied consistently provide assurance that workers know exactly their rights and obligations. Conversely, SOPs that are unclear or inconsistent in their enforcement create uncertainty that can harm both parties and open up loopholes in industrial relations disputes.

2. Settlement and Sanction Mechanism for Violations of Standard Operating Procedures (Smile, Greet, Say Hello)

1. Mechanism for Completing Standard Operating Procedures

Mekanisme penyelesaian pelanggaran Standar Operasional Prosedur Smile, Greet, Say Hello pada dasarnya merupakan bagian dari sistem penegakan disiplin kerja di lingkungan perusahaan. Peraturan perusahaan atau perjanjian kerja bersama berfungsi sebagai dasar hukum utama dalam menentukan tata cara penanganan setiap pelanggaran SOP. Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan memberikan kewenangan kepada pengusaha untuk mengatur mekanisme tersebut, sepanjang tidak bertentangan dengan peraturan perundang-undangan dan tetap menjunjung prinsip perlindungan pekerja. Every violation of the SOP of Smile, Greet, Say Hello must be resolved based on the provisions that have been set in writing and socialized to workers.

In the early stages, the settlement of violations of the SOP Smile, Greet, Say Hello is generally carried out through internal efforts that are coaching. If the worker commits a violation for the first time, the direct supervisor or management can give a verbal reprimand as a form of initial warning.³⁴ This reprimand aims to remind workers of their obligations in complying with SOPs and provide an opportunity to improve behavior without directly imposing formal sanctions. This approach is in line with the principles of prudence and guidance in employment law.

If violations continue to occur or are carried out repeatedly, the settlement mechanism can be continued by providing administrative sanctions in the form of written reprimands or warning letters. Warning letters are usually given in stages, starting from the first warning letter to the third warning letter, in accordance with the provisions of company regulations or collective bargaining agreements. Each warning letter must contain a description of the violation, the legal basis violated, and the period of validity of the warning letter³⁵. This mechanism reflects the application of the principle of proportionality and legal certainty for workers, in the event that violations of the SOP Smile, Greet, Say Hello are still carried out even though workers have been given gradual sanctions, the company can impose further sanctions in accordance with applicable regulations. The sanctions can be in the form of special coaching, retraining, postponement of promotion, or other forms of sanctions that have been expressly regulated in company regulations. However, the application of the follow-up sanctions must be carried out objectively, non-discriminatory, and take into account the background and disciplinary history of the worker concerned.

If violations of the SOP of Smile, Greet, Say Hello cause disputes between workers and employers, then the solution can be pursued through the mechanism of resolving industrial relations disputes. This stage begins with bipartite negotiations between workers or unions and employers to reach an agreement. If bipartite negotiations do not result in an agreement, the dispute can be continued through mediation, conciliation, or arbitration in accordance with the provisions of laws and regulations in the field of employment.

As a last resort, if all internal and non-litigation settlement mechanisms do not yield results, disputes related to violations of the Smile, Greet, Say Hello SOP can be submitted to the Industrial Relations Court. However, this step should be the last option after all deliberative and coaching settlement efforts have been carried out. So that the mechanism for resolving violations of the Smile, Greet, Say Hello SOP is not only oriented to the enforcement of discipline, but also emphasizes a fair, humane settlement, and based on the principles of worker protection and the sustainability of employment relations.

2. Sanctions for Violations of Standard Operating Procedures

Sanctions for violations of Standard Operating Procedures in employment relations are legal consequences of non-compliance with the provisions that have been stipulated in the employment agreement, company regulations, or collective labor agreements, in the Indonesian labor law system, sanctions are not intended solely as a tool of punishment, but as a means of enforcing discipline and fostering workers in order to create an orderly, harmonious, and sustainable employment relationship. Therefore, the imposition of sanctions for violations of SOPs must be carried out proportionately, fairly, and in accordance with the provisions of laws and regulations.

Law Number 13 of 2003 concerning Manpower does not explicitly detail the types of disciplinary sanctions that can be imposed on workers. However, the law provides the basis that any violation of the employment agreement, company regulations, or collective bargaining agreement can be sanctioned in accordance with the agreed provisions. Thus, the form of sanction for violating SOPs is basically determined in the company's internal regulations, as long as it does not conflict with the law, morality, and the principles of worker protection.

Sanctions for violations of SOPs in employment practices are generally applied gradually. This stage of sanctions usually starts with a mild action, such as a verbal reprimand or written reprimand, which aims to remind the worker of his mistakes and encourage behavior improvement. If the violation is committed again, the company can impose stricter sanctions in the form of first, second, and third warning letters.³⁶ The mechanism of this warning letter is in line with the provisions of Article 161 of Law Number 13 of 2003, which stipulates that workers who violate the provisions of the employment agreement or company regulations can be given a warning letter in stages before further action is taken.

Tougher sanctions, such as delays in salary increases, postponements of promotions, or job transfers, can be imposed if violations of SOPs have a greater impact on the company or are carried out repeatedly. However, these sanctions must be expressly regulated in company regulations or collective bargaining agreements, and be applied consistently and non-discriminate.³⁷ The application of sanctions that are not clearly regulated or carried out arbitrarily has the potential to cause industrial relations disputes.

In the context of minor SOP violations, such as violations of the SOP Smile, Greet, Say Hello, the sanctions imposed should focus more on coaching than punishment. This can be done through work attitude coaching, retraining on service standards, or counseling by direct superiors.³⁸ This coaching approach is in line with the principle of labor protection which places workers as subjects whose quality and professionalism must be developed, not solely as disciplinary objects.

Termination of employment as the most severe form of sanction can only be carried out as a last resort if workers continue to violate SOPs even though they have been given gradual sanctions and adequate coaching. Even in this case, employers are still required to strive to prevent termination of employment and follow applicable legal procedures. Sanctions for violations of SOPs should be understood as part of a balanced employment relations management mechanism, which not only protects the interests of the company, but also guarantees legal protection and certainty for workers.

3. Settlement and Sanction Mechanism for Violations of Standard Operating Procedures (Smile, Greet, Say Hello)

Mekanisme Penyelesaian

The mechanism for resolving violations of the Standard Operating Procedures of Smile, Greet, Say Hello according to company regulations and labor regulations must be placed in the corridor of industrial relations law regulated by Law Number 13 of 2003 concerning Manpower. This law provides the basis that company regulations are a valid norm if they have been prepared in writing, disseminated, and do not contradict laws and regulations, so that violations of this SOP can be subject to disciplinary sanctions in accordance with the stages regulated in the company regulations.³⁹ The settlement mechanism starts from the company's internal stage through coaching and reprimands as the first form of effort to enforce work discipline, because the main goal of labor law is to create an orderly and fair working relationship between workers and employers, not solely punishing workers. This principle is in accordance with the spirit of the Labor Law to balance the rights and obligations of both parties in the employment relationship and encourage the peaceful resolution of conflicts.⁴⁰

The mechanism for resolving violations of SOP Smile, Greet, Say Hello in employment relations must basically refer to the provisions of company regulations and labor laws and regulations, in the perspective of the theory of legal certainty, the mechanism must be prepared clearly, systematically, and understandably by all workers so as not to cause multiple interpretations in its application.

Legal certainty requires that every worker knows what procedures will be taken in the event of a violation, starting from the stage of coaching, reprimanding, to dispute resolution. This is in line with the principle put forward by Lon Fuller, that a rule must be announced, must not contradict each other, and can be reasonably implemented in practice.⁴¹

Violations of the SOP of Smile, Greet, Say Hello, the resolution mechanism should ideally be carried out in stages through: coaching or verbal reprimands, written reminders, to industrial relations dispute resolution mechanisms if necessary. This stage provides legal certainty because workers can predict the consequences of every violation committed. In addition, a clear mechanism also prevents arbitrary actions from the employer, so that a balance is created between rights and obligations in the employment relationship. Thus, the application of a structured and transparent settlement mechanism is a tangible manifestation of the theory of legal certainty, as it provides procedural clarity and legal protection for both parties.

Application of Sanctions

The application of sanctions for violations of the Smile, Greet, and Say Hello SOP must be based on the principle of legal certainty, namely the clarity of norms, consistency of application, and the suitability between the type of violation and the sanction given. Sanctions for violations of work discipline in labor law, including SOP Smile, Greet, Say Hello, must be given proportionately and gradually. This aims to make workers understand the consequences of every action taken and have the opportunity to improve their behavior. Legal certainty in this case is reflected in the existence of sanction standards that have been previously set in company regulations.

According to the theory of legal certainty, a rule should not be capricious and should be applied consistently to every worker without discrimination. Therefore, if the same violation occurs, the sanctions given must also be the same, so as not to cause injustice or uncertainty for workers.⁴² In addition, legal certainty also demands that sanctions can only be imposed if the rules have been socialized to workers first. Without socialization, the sanctions given can be considered invalid because workers do not have sufficient knowledge about the rules that are violated. Therefore, the application of sanctions for violations of the SOP Smile, Greet, and Say Hello must be carried out clearly, consistently, and proportionately as a form of implementation of the theory of legal certainty, so as not only to maintain work discipline but also to protect the rights of workers from arbitrary actions.

CONCLUSION

The Standard Operating Procedure of Smile, Greet, Say Hello is a valid and binding part of the employment relationship if it has been stated in writing in company regulations or collective labor agreements in accordance with the provisions of Law Number 13 of 2003 concerning Manpower. The SOP serves as a guideline for work behavior that aims to build a service culture, professionalism, and company image, especially in the service sector. However, the enactment of this SOP does not stand alone, but must always be placed within the framework of labor law protection that ensures a balance between the interests of employers and workers' rights. Violations of SOPs, including SOP Smile, Greet, Say Hello, are generally qualified as minor disciplinary violations whose resolution must be carried out through a coaching mechanism and gradual sanctions. Employers are obliged to prioritize the prevention of termination of employment and provide warning letters in stages before imposing heavier sanctions. The practice that has developed in the Industrial Relations Court's decision and the review of legal journals shows that violations of work behavior SOPs cannot be used as a basis for direct termination of employment without going through fair and proportionate legal procedures. The mechanism for resolving SOP violations must start from the company's internal settlement through coaching, reprimands, and warning letters, and continue with a bipartite mechanism, mediation, or industrial relations court in the event of a dispute. This procedure is a manifestation of the principles of due process of law and worker protection as mandated by labor law. Various cases discussed in the journal show that employers who neglect this stage have the potential to violate the law and face juridical consequences, including the obligation to pay workers' rights.

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