Natlex database isn 64764
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- Bu səhifədəki naviqasiya:
- CHAPTER XI INDUSTRIAL RELATION Part One General Article 102
- Part Two Trade/ Labour Union Article 104
- Part Three Entrepreneurs’ Organization Article 105
- Part Four Bipartite Cooperation Institutes Article 106
- Part Five Tripartite Cooperation Institutes Article 107
- Part Six Enterprise Regulations
- Article 109
- Part Seven 32 Collective Work Agreement
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Part Three
Welfare Article 99 (1) Workers/ labourers and their families shall each be entitled to social security for employees (jaminan sosial tenaga kerja ).
(2) The social security for employees as referred to under subsection (1) shall be administered in accordance with valid statutory legislation.
Article 100 (1) In order to improve the welfare of the workers/ labourers and their families, the entrepreneur shall provide welfare facilities.
(2) The provision of welfare facilities as referred to under subsection (1) shall be administered by weighing the need of the worker/ labourer for welfare facilities against the enterprise’s [financial] ability to provide such facilities.
(3) Rulings concerning the kind and criteria of welfare facilities [that is to be provided] according to the need of the worker/ labourer and the measurement of the enterprise’s [financial] ability to provide them as referred to under subsection (1) and subsection (2) shall be determined and specified with a Government Regulation.
(1) To improve workers/ labourers’ welfare, workers/ labourers’ cooperatives and productive [income- generating] business undertakings at the enterprise shall be established.
(2) The government, the entrepreneur and the worker/ labourer or the trade/ labour union shall make efforts to develop workers/ labourers’ cooperatives and make them grow and multiply; they shall also make efforts to develop productive business undertakings as referred to under subsection (1).
(3) Efforts to establish workers/ labourers’ cooperatives as referred to under subsection (1) shall be made in accordance with relevant and valid statutory legislation.
(4) Efforts to develop workers/ labourers’ cooperatives and make them grow and multiply as referred to under subsection (2) shall be determined and specified with a Government Regulation.
CHAPTER XI INDUSTRIAL RELATION Part One General Article 102 (1) In conducting industrial relations, the government shall perform the function of establishing policies, providing services, taking control and taking actions against any violations of statutory manpower rules and regulations.
(2) In conducting industrial relations, workers/ labourers and their organizations [unions] shall perform the function of performing their jobs/ work as obliged, keeping things in order in order to ensure continued, uninterrupted production, channeling their aspirations democratically, enhancing their skills and expertise and helping promote the business of the enterprise for which they work and fight for the welfare of their members and families.
29 (3) In conducting industrial relations, entrepreneurs and their associations shall perform the function of creating partnership, developing business, diversifying employment and providing welfare to workers/ labourers in a transparent and democratic way and in a way that upholds justice.
Industrial Relation shall be applied through: a. Trade/ labour unions; b. Entrepreneurs’ organizations; c. Bipartite cooperation institutions; d. Tripartite cooperation institutions; e. Enterprise rules and regulations; f.
Collective work agreements; g. Statutory manpower rules and regulations; and h. Industrial relation dispute settlement institutes/ agencies.
Trade/ Labour Union
(1) Every worker/ labourer has the right to form and become member of a trade/ labour union.
(2) In performing functions as referred to under Article 102, a trade/ labour union shall have the right to collect and manage fund and be accountable for the union’s finances, including for the provision of a strike fund.
(3) The amount of the strike fund and procedures for collecting it as referred to under subsection (2) shall be regulated under the union’s constitution and/or the union’s bylaws.
Entrepreneurs’ Organization Article 105 (1) Every entrepreneur has the right to form and become a member of entrepreneurs’ organization. (2) Rulings concerning entrepreneurs’ organizations shall be determined and specified in accordance with valid statutory legislation.
(1) Every enterprise employing 50 (fifty) workers/ labourers or more is under an obligation to establish a bipartite cooperation institute.
(2) The bipartite cooperation institute as referred to under subsection (1) shall function as a forum for communication, consultation and deliberation on labour issues at an enterprise.
(3) The membership lineup of the bipartite cooperation institute as referred to under subsection (2) shall include the entrepreneur’s representatives and the worker/ labourer’s representatives who are democratically appointed by workers/ labourers to represent the interests of the worker/ labourer in the enterprise in question.
(4) Rulings concerning the procedures for establishing the membership lineup of the bipartite cooperation forum as referred to under subsection (1) and subsection (3) shall be determined and specified with a Ministerial Decision.
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Tripartite Cooperation Institutes
(1) Tripartite cooperation institute shall provide considerations, recommendations and opinions to the government and other parties involved in policy making and problem solving concerning labour issues/ problems.
(2) The tripartite cooperation institute as referred to under subsection (1) shall consist of: a. The National Tripartite Cooperation Institute and the Provincial, District/City Tripartite Cooperation Institutes; and b. Sector-based National Tripartite Cooperation Institute and sector-based Provincial, District/ City Tripartite Cooperation Institutes.
(3) The membership of tripartite cooperation institutes shall consist of representatives from the government, entrepreneurs’ organizations and trade/ labour unions.
(4) Procedures and organizational structures of tripartite cooperation institutes as referred to under subsection (1) shall be determined and specified with a Government Regulation.
Part Six Enterprise Regulations
(1) Every enterprise which employs no less than 10 (ten) workers/ labourers is under an obligation to create a set of enterprise rules and regulations that shall come into force after being made legal by Minister or another government official appointed to act on behalf of the Minister.
(2) The obligation to have a set of legalized enterprise rules and regulations as referred to under subsection (1), however, does not apply to enterprises already having collective work agreements.
Entrepreneurs shall formulate the rules and regulations of their enterprise and shall be responsible for them.
Article 110 (1) Enterprise rules and regulations shall be formulated by taking into account the recommendations and considerations from the worker/ labourer’s representatives of the enterprise.
(2) If a trade/ labour union has already been established in the enterprise, the worker/ labourer’s representatives as referred to under subsection (1) shall be the trade/ labour union’s officials.
(3) If there is no trade/ labour union in the enterprise, the worker/ labourer’s representatives referred to under subsection (1) shall be the workers/ labourers who hold a position in, or are members of, the bipartite cooperation institutes and or has been democratically elected by the workers/ labourers in the enterprise to represent them and act on behalf of their interests.
(1) Enterprise rules and regulations shall at least contain [incorporate] stipulations concerning:
a. The rights and obligations of the entrepreneur; b. The rights and obligations of the worker/ labourer; c. Working conditions/ requirements; d. Enterprise discipline and rule of conduct;
31 e. The period of their validity [during which the enterprise rules and regulations in question shall be valid];
(2) Enterprise rules and regulations shall by no means run against any valid statutory legislation. (3) The validity of enterprise rules and regulations shall last for no longer than 2 (two) years and shall be subjected to revision upon their expiration.
(4) As long as enterprise rules and regulations remain valid and effective, the entrepreneur is under an obligation to take up on [to entertain] the request of the enterprise’s trade/ labour union(s) to negotiate a collective work agreement if the trade union(s) should ask the entrepreneur to do so.
(5) If the negotiation as referred to under subsection (4) fails to reach an agreement, however, the ongoing enterprise rules and regulations shall remain valid and effective until [the date of] their expiration.
(1) Legalization of enterprise rules and regulations by the Minister or another government official as referred to under subsection (1) of Article 108 must have already been performed within a period of no later than 30 (thirty) workdays after the draft of the rules and regulations in question is received [by the Minister].
(2) If the enterprise rules and regulations have met what is required under subsection (1) and subsection (2) of Article 111 and the period of 30 (thirty) workdays for legalizing them as referred to under subsection (1) has elapsed but the Minister or the appointed government official to act on behalf of the Minister has not legalized them yet, then the enterprise rules and regulations in question shall be assumed to have been legalized.
(3) If the enterprise rules and regulations have not met what is required under subsection (1) and subsection (2) of Article 111 yet, the Minister or the government official appointed to act on the Minister’s behalf must give a written notification to the entrepreneur so that correction can be made to the enterprise rules and regulations in question.
(4) Within a period of no later than 14 (fourteen) workdays after the date on which the written notification is received by the entrepreneur as referred to under subsection (3), the entrepreneur is under an obligation to resubmit the corrected version of the enterprise rules and regulations to the Minister or government official appointed to act on the Minister’s behalf.
(1) Any changes to enterprise rules and regulations prior to their expiration can only be made on the basis of an agreement between the entrepreneur and the worker/ labourer’s representatives.
(2) [Should such changes be made,] the [new] enterprise rules and regulations resulting from the agreement as referred to under subsection (1) shall then be made legal by Minister or another government official appointed to act on behalf of the Minister.
The entrepreneur is under an obligation to tell and explain to the worker/ labourer [all] the enterprise rules and regulations and [all] changes made to them [if any].
Rulings concerning procedures for making and legalizing enterprise rules and regulations shall be determined and specified by means of a Ministerial Decision.
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Article 116 (1) A collective work agreement shall be made between a trade/ labour union or several trade unions already recorded at a government agency responsible for labour/ manpower affairs and an entrepreneur or several entrepreneurs respectively.
(2) The collective work agreement as referred to under subsection (1) shall be formulated by means of deliberations in order to reach a consensus.
(3) The collective work agreement as referred to under subsection (1) shall be made in writing using Latin alphabets and in the Indonesian language.
(4) In case the collective work agreement is not written in the Indonesian language, the collective work agreement in question must be translated into Indonesian by a sworn translator and the translation shall be considered to have fulfilled what is stipulated under subsection (3).
In case the deliberations as referred to under subsection (2) of Article 116 fail to reach any consensus, then the procedures for the settlement of industrial relation disputes shall be applied to settle the case.
In 1 (one) enterprise only 1 (one) collective work agreement can be made that shall apply to all workers/ labourers working in the enterprise in question.
(1) If there is only one trade/ labour union in an enterprise, the only trade/ labour union in the enterprise shall have the right to represent workers/ labourers in negotiating a collective work agreement with the entrepreneur of the enterprise provided that more than 50% (fifty hundredth) of the total number of workers/ labourers who work in the enterprise are members of the trade/ labour union in question.
(2) In case there is only one trade/ labour union in an enterprise as referred to under subsection (1) above but the number of its members does not exceed 50% (fifty hundredth) of the total workforce in the enterprise, the trade/ labour union in question may represent workers/ labourers in negotiating a collective work agreement with the entrepreneur provided that a vote that is held on this issue confirms that the trade/ labour union wins the support of more than 50% (fifty hundredth) of the total number of workers in the enterprise.
(3) If the support of more than 50% of the enterprise’s total workforce as referred to under subsection (2) is not obtained, however, the trade/ labour union concerned may once again put forward its request to negotiate a collective work agreement with the entrepreneur after a period of 6 (six) months is passed since the vote is held in accordance with the procedures as referred to under subsection (2).
Article 120 (1) If there are more than 1 (one) trade/ labour union in an enterprise, the trade/ labour union that has the right to represent workers/ labourers in negotiating a collective work agreement with the entrepreneur shall be the one whose members are more than 50% (fifty hundredth) of the total number of all the workers/ labourers who work in the enterprise.
(2) If the requirement as referred to under subsection (1) is not fulfilled, however, the trade/ labour unions in the enterprise may form a coalition until the coalition gets the support of workers numbering more than 50% (fifty hundredth) of the total number of workers/ labourers in the enterprise so that it is qualified to represent workers/ labourers in negotiating a collective work agreement with the entrepreneur. 33
(3) In case what is stipulated under subsection (1) or subsection (2) is not fulfilled, however, the trade/ labour unions shall establish a negotiating team whose members shall be determined in proportion to the number of members that each trade/ labour union has.
Membership in a trade/ labour union as referred to under subsection 119 and subsection 120 shall be proved with a membership card.
[The meeting called to take a] vote as referred to under subsection (2) of Article 119 shall be administered by a committee that is composed of workers/ labourers’ representatives and trade/ labour union officials witnessed by the government official responsible for labour/ manpower affairs and by the entrepreneur.
(1) A collective work agreement shall come into force for no longer than 2 (two) years [since it was made].
extended for no longer than 1 (one) year based on a written agreement between the entrepreneur and the trade/ labour union(s).
(3) Negotiations for the next collective work agreement may be started as early as 3 (three) months prior to the expiration of the existing collective work agreement.
(4) In case the negotiations as referred to under subsection (3) fail to result in any agreement, the ongoing collective work agreement shall remain effective for a period of 1 (one) year at the longest. Article 124 (1) A collective work agreement shall at least contain:
a. The rights and obligations of the employer; b. The rights and obligations of the trade/ labour union and the worker/ labourer; c. The period during which and the date starting from which the collective work agreement takes effect; and d. The signatures of those involved in making the collective work agreement.
(2) Stipulations of a collective work agreement must not run against what is stipulated in valid statutory legislation.
(3) Should the contents of a collective work agreement run against what is stipulated in valid statutory legislation as referred to under subsection (2), then the contradictory stipulations shall be declared null and void by law. What shall then apply is what is stipulated under valid statutory legislation.
If both sides [the worker and the entrepreneur] agree to make collective work agreement changes, then the changes shall form an inseparable part of the ongoing, effective and valid collective work agreement.
(1) The entrepreneur, the trade/ labour union and or the worker/ labourer is under an obligation to implement [follow] what is stipulated in the collective work agreement.
(2) The entrepreneur and the trade/ labour union are under an obligation to inform the contents of the collective work agreement [that they have made and signed] or any changes made to it to all the enterprise’s workers/ labourers. 34
(3) The entrepreneur must print and distribute the text of collective work agreement to each worker/ labourer on the enterprise’s expense account. Article 127 (1) Any [individual] work agreement [or a contract of employment] made by the entrepreneur and the worker/ labourer shall not run against [what is stipulated in] the collective work agreement.
(2) Should there be any stipulations [provisions] under the work agreement referred to under subsection (1) that run against the collective work agreement, then those particular provisions in the work agreement shall be declared null and void by law. What shall then apply is what is stipulated in the collective work agreement.
If an employment/ work agreement does not contain [or is silent about] the rules and regulations that are stipulated in the collective work agreement, then the stipulations specified in the collective work agreement shall apply.
(1) The entrepreneur is prohibited from replacing the collective work agreement with the enterprise’s rules and regulations as long as there is a trade/ labour union in the enterprise.
(2) If there is no more trade/ labour union in the enterprise, however, and the collective work agreement is replaced by the enterprise’s rules and regulations, then what is stipulated in the enterprise’s rules and regulations shall by no means be inferior to what is stipulated in the collective work agreement.
(1) If a collective work agreement that has expired will be extended or renewed and there is only 1 (one) trade/ labour union in the enterprise, then the extension or renewal of the collective work agreement shall not require what is stipulated under Article 119.
(2) If a collective work agreement that has expired will be extended or renewed and there are more than 1 (one) trade/ labour union in the enterprise and the trade/ labour union that negotiated in the last agreement no longer meet what is required under subsection (1) of Article 120, the extension or renewal of the collective work agreement shall be made by the trade/ labour union whose members are more than 50% (fifty hundredth) of the total number of workers/ labourers in the enterprise together with the trade/ labour union that negotiated in the last agreement by establishing a negotiating team whose members are proportional to the members of the trade/ labour unions represented in the team.
(3) If an expired collective work agreement will be extended or renewed and there are more than 1 (one) trade/ labour unions in the enterprise and none of them meet what is required under subsection (1) of Article 120, then the extension or renewal of the collective work agreement shall be made in accordance with what is stipulated under subsection (2) and subsection (3) of Article 120.
Article 131 (1) Upon the dissolution of a trade/ labour union or the transfer of the enterprise’s ownership [to another enterprise], the ongoing collective work agreement shall remain valid and effective until it expires.
(2) If an enterprise with a collective work agreement merges with another enterprise with another collective work agreement, then the collective work agreement that gives the worker/ labourer more advantages shall apply to the new enterprise that is created from the merger.
35 (3) If an enterprise that has a collective work agreement merges with another enterprise that has no collective work agreement, then the collective work agreement of the enterprise that has it shall apply to the enterprise resulted from the merger until the collective work agreement expires.
(1) A collective work agreement shall start to take effect on the day it is signed unless otherwise stated in the collective work agreement in question.
(2) A collective work agreement that has been signed by those making the agreement must be registered at a government agency responsible for labour/ manpower affairs.
Provisions concerning the requirements and procedures for making, extending, changing and registering a collective work agreement shall be determined and specified by means of a Ministerial Decision.
In order to realize the rights and obligations of both the worker and the entrepreneur, the Government is under an obligation to control the implementation of manpower laws and regulations and ensure their observance and enforcement. Article 135 The implementation of manpower laws and regulations in order to realize industrial relations is the responsibility of the worker/ labourer, the entrepreneur and the government.
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