Natlex database isn 64764
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Article 112
Sufficiently clear Article 113
Sufficiently clear Article 114 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]. To do so, the entrepreneur may distribute the copies of enterprise rules and regulations to each worker/ labourer, post them at places where workers/ labourers can easily read them. Alternatively, the entrepreneur may also explain them directly to workers/ labourers.
Sufficiently clear Article 116
Subsection (1) Sufficiently clear
Subsection (2) Work agreements must be made in good faith. This means that there must be honesty, transparency, willingness and awareness on the part of all parties concerned in the making of the agreements without any party forcing or pressurizing another party.
If the collective work agreement is made in Indonesian and translated into another language and then differences in interpretation arise, then the collective work agreement that use or are written in Indonesian shall apply [shall be the authoritative one].
Subsection (4)
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Settlements through procedures for the settlement of industrial relations disputes may be carried out through mediators, conciliators, arbiters, or institutes for the settlement of industrial relation disputes.
Sufficiently clear Article 119 Sufficiently clear
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Sufficiently clear Article 121
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Sufficiently clear Article 123
Sufficiently clear Article 124
Subsection (1) Sufficiently clear
Subsection (2) The phrase “must not run against any valid statutory legislation” means that the contents of the collective work agreement must not be lower in both quality and quantity than their counterparts or equivalence that are stipulated under valid statutory legislation.
Sufficiently clear Article 125
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Article 133
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Sufficiently clear Article 135
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Article 136
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Article 137 What is meant by failed negotiation under this Article is that no agreement to settle the industrial relation dispute is reached because the entrepreneur is not willing to negotiate or because the negotiation ends in deadlock.
The sentence “strike shall be staged peacefully and orderly” means that the strike must not disrupt security and public order and or threaten the life and safety of the entrepreneur, other people or other members of the general public and the property belonging to the enterprise, the entrepreneur or other people or other members of the general public.
Article 138
Sufficiently clear Article 139 Enterprises that serve the public interest and/or enterprises whose types of activities, when interrupted by a strike, will lead to the endangerment of human lives are those running hospitals, fire department (which employs firefighters), those providing railway service (which employ railway gatekeepers), those in charge of sluices (which employ sluice gatekeepers), those in charge of regulating air traffic, and those in charge of sea traffic.
That the strike shall be arranged in such a way so as not to disrupt public interests and/or endanger the safety of other people means that the strike shall be carried out by workers/ labourers who are not on duty. Article 140
Subsection (1) Sufficiently clear
Subsection (2)
Point a
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Point b Places for staging a strike refer to places chosen by those responsible for the strike for staging the strike in a way that will not prevent other workers/ labourers from performing work.
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Point d
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Subsection (4)
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Subsection (1) What is meant by the word ‘to prevent’ under this subsection (nobody is allowed to prevent workers/ labourers and trade/ labour unions from using their right to strike legally, orderly and peacefully) is preventing the use of the right to strike by means of, among others: a. Punishment; b. Intimidation, in whatever form; or c. Transfer to another position or place with the intention to put the transferee at a disadvantage
Subsection (2) Sufficiently clear
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Article 145
Subsection (1) The phrase ‘their normative rights, which the entrepreneur has indeed violated’ means that the entrepreneur is, clearly and as a matter of fact, unwilling to fulfill his/her obligations as referred to and/or as stipulated under work agreements, enterprise rules and regulations, collective work agreements or labour legislation even though he/she has been ordered to do so by the government official responsible for labour/ manpower affairs.
The payment of the wages of striking workers/ labourers as referred to under this Article shall not eliminate the imposition of sanction on entrepreneurs who violate normative provisions.
Subsection (1) Sufficiently clear
Subsection (2)
Sufficiently clear Subsection (3) If the lockout is carried out illegally or as retaliation for a legal strike which rightfully demands the fulfillment of normative rights, the entrepreneur is under an obligation to pay the worker/ labourer’s wages.
Sufficiently clear Article 148
Sufficiently clear Article 149
Sufficiently clear Article 150
Sufficiently clear Article 151
Subsection (1) The phrase ‘make all efforts’ under this subsection refers to ‘positive activities or actions which may eventually prevent termination of employment from happening, including, 79 among others, arrangement of working time, saving measures, restructuring or reorganization of working methods, and efforts to develop the worker/ labourer.
Subsection (2) Sufficiently clear
Subsection (3)
Article 152
Sufficiently clear Article 153 Sufficiently clear
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Sufficiently clear Article 160 Subsection (1) The members of the worker/ labourer’s family that are his or her dependents are his wife or her husband, children or persons who legally become the worker/ labourer’s dependents according to enterprise rules and regulations, work agreements or collective work agreements.
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Subsection (3)
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Subsection (4)
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Subsection (5)
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Subsection (6)
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Subsection (7) 80
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Subsection (1) Sufficiently clear
Subsection (2) Each warning letter may be issued either consecutively or not consecutively, according to what is stipulated under work agreements or enterprise rules and regulations or collective work agreements.
In case the warning letter is issued consecutively then the first warning letter shall be effective for a period of 6 (six) months. If the worker/ labourer commits a violation again against what is stipulated under the work agreement or enterprise rules and regulations or collective work agreement within the 6 (six) month period of the first warning letter, the entrepreneur may issue the second warning letter, which shall also be effective for a period of 6 (six) months since the issuance of the second warning letter.
If the worker/ labourer keeps on violating what is stipulated under the work agreement or enterprise rules and regulations or collective work agreement, the entrepreneur may issue the third and last warning letter, which shall be effective for 6 (six) months since the issuance of the third warning letter. If within the effective period of the third warning letter, the worker/ labourer once again acts in violation of what is stipulated under the work agreement or enterprise rules and regulations or collective work agreement, the entrepreneur may terminate the worker/ labourer’s employment.
If the six-month period since the issuance of the first warning letter is over and the worker/ labourer once again commits a violation against the work agreement, enterprise rules and regulations or collective work agreement, then the warning letter issued by the entrepreneur shall once again be the first warning letter. The same shall also apply to the second and third warning letters. Work agreements or enterprise rules and regulations or collective work agreements may stipulate the issuance of first and last warning letter for certain types of violations. So, if the worker/ labourer violates the work agreement or enterprise rules and regulations or collective work agreement within the effective period of the first and last warning letter, the entrepreneur may terminate the worker/ labourer’s employment.
The six-month period is meant as an effort to educate the affected worker/ labourer so that he/she has time to correct his/her behavior. On the other hand, the six-month period shall give the entrepreneur enough time to evaluate the performance of the worker/ labourer in question.
Subsection (3)
Article 162
Sufficiently clear Article 163
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Sufficiently clear Article 166
Sufficiently clear Article 167
Subsection (1) Sufficiently clear
Subsection (2)
Sufficiently clear Subsection (3)
- For instance, if the severance pay that should have been received by the worker/ labourer is Rp10,000,000 and the amount of retirement (pension) benefit payable to the worker/ labourer according to the pension program is Rp6,000,000 and arrangements have been made in the pension program that the entrepreneur pays 60% of the premium and the worker/ labourer pays the remaining 40%, then: - The total premiums paid by the entrepreneur are equal to 60% x Rp6,000,000 = Rp3,600,000 - The total pension benefit for which premiums have been paid by the worker/ labourer are equal to 40% x Rp6,000,000 = Rp2,400,000 - So, the difference that the entrepreneur has to make up is Rp10,000,000 – Rp3,600,000 = Rp6,400,000. - This means that the money receivable by the worker/ labourer upon the termination of the worker/ labourer’s employment is: • Rp3,600,000 (which is the benefit paid by the pension program administrator of which represents 60% of the total premiums which had been paid by the entrepreneur • Rp6,400,000 (which comes from the difference in severance pay that must be made up by the entrepreneur) • Rp2,400,000 (which is the benefit paid by the pension program administrator which represents 40% of the total premiums which had been paid by the worker/ labourer) --------------------------------
Total: Rp12,400,000 (twelve million four hundred thousand rupiah)
Subsection (4)
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Subsection (5)
Sufficiently clear Article 168
Subsection (1) The phrase ‘the entrepreneur has properly summoned him or her’ means that the worker/ labourer has been summoned in writing through a letter sent to the address of the worker/ labourer as recorded at the enterprise on the basis of the information provided by the worker/ labourer to the enterprise. There shall be a minimum of three-workday spacing between the first summon and the second summon.
Subsection (2)
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Article 169
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Sufficiently clear Article 171 The one-year spacing reserved for dismissed workers/ labourers to file a lawsuit starting from the date on which their employment is terminated is considered as an appropriate period of time during which to file a lawsuit.
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Article 173
Subsection (1) The government shall make efforts to develop and build up elements and activities related to manpower [labour]. The phrase “efforts to develop and build up” shall refer to activities carried out effectively and efficiently to get better results in order to improve and develop all manpower-related activities.
Subsection (2) Sufficiently clear
Subsection (3) Those who shall perform the coordination as referred to under this subsection are the government agency (agencies) responsible for labour/ manpower affairs.
Article 174
Sufficiently clear Article 175
Sufficiently clear Article 176 The word “independency” attributable to labour inspectors under this subsection shall mean that in making decision, labour inspectors are not under the influence of other parties.
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Sufficiently clear Article 179
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Article 184
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Sufficiently clear Article 190
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Sufficiently clear Article 191 Implementing regulations which regulate matters pertaining to labour/ manpower under this act are implementing regulations from various labour/ manpower laws irrespective of whether they have been revoked or are still in place and valid. In order to avoid legal vacuum, this act shall apply to implementing regulations that have not been revoked or replaced on the basis of this act as long as they are not against this act.
Likewise, if a labour incident or case happens before the application of this act and is still in the process of being settled through an institute for the settlement of industrial relation disputes, then in accordance with the principle of legality, implementing regulations that are in existence prior to the application of this act shall be used to settle the incident or case.
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