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Intensive Course

Human Resources Development


Management
Understanding Government Regulations
UU 21/2000
UU 13/2003 &
UU 2/2004
Oleh :
Dr.Ir.J.F.X.Susanto.S.MBA.,MM

Overview (1-2)
Peraturan ketenagakerjaan masih sering berubah.
Gejolak dan unjuk rasa buruh.
Mutu tenaga kerja di Indonesia.
Era globalisasi dan pasar bebas.

Modal asing dan pertumbuhan ekonomi.


Masuknya penduduk usia kerja kelapangan kerja.

Overview (2-2)
Fungsi Hubungan industrial (Industrial Relations)
HIP (Hubungan Industrial Pancasila)
Sistim multi union diperusahaan
Serikat Pekerja, SPTP

Bipartite (Pengusaha & SP)


Tripartite (Depnaker, APINDO, SPSI)

Hukum Perburuhan Terakhir


Serikat Pekerja
UU 13 / 2003 - Ketenagakerjaan
UU 02 / 2004 PPHI (Penyelesaian Perselisihan
UU 21 / 2000

Hubungan Industrial)

UU 21 / 2000 - Workers Unionism


Chapter I

General Definitions

Chapter II

Statutory Basis, Characteristics and Objectives

Chapter III
Chapter IV

Formation of Unions
Membership

Chapter V

Notification and Recording

Chapter VI

Rights and Obligations of Unions

Chapter VII
Chapter VIII

Protection of the Right to Organize


Finances and Assets

Chapter IX

Settlement of Disputes Between Unions, Federations and Confederations

Chapter X

Dissolution of Unions, Federations and Confederations

Chapter XI

Inspection and Investigation

Chapter XII

Penalties in Relation to Offences Under the Act

Chapter XIII

Miscellaneous Regulations

Chapter XIV

Transitional Arrangements

Chapter XV

Coming Into Force of the Act


5

Law 21/2000 : Workers Union


Issued after the ratification of ILO Convention No. 87

concerning Freedom of Association, by President Decree


No. 83/1998.
Three international issues :
Freedom to organization
Human Rights (HAM)
Environmental
There are 15 Chapters, 47 Articles.
Established for and by the workers, inside or outside the
company for the purpose of protecting and improve the
social welfare of the workers.
Trade Union is established in one or more companies.
Basic principle : not against the Pancasila & UUD
1945.
6

Law 21/2000 : Chapter I


General Definitions

A workers union is an organization which is


established from, by and for workers.

The term worker / labor is defined as any person


who works for a wage or other form of a
remuneration package.

Law 21/2000 : Chapter II


Statutory Basis, Characteristics
and Objectives
Workers union must accept, and their statutory basis
must not run against the state ideology of Pancasila
and the 1945 Constitution.
Union, federation and confederation are obliged to be
free, open, independent, democratic and responsible.
Functions : negotiation and making of CLA, settlement
of disputes, representing workers, defense of the
right and interest of their members.

Law 21/2000 - Chapter III


Formation of Unions

Law 21/2000 - Chapter IV


Membership
Union, federation and confederation shall be regulated

by its constitution.
Must not limit or discriminate on the ground of
political allegiance, religion, ethnicity or sex.
Worker not allowed to join more than one union.
Managerial position employees are not allowed to
become union officials.
A worker may resign or leave his/her union
membership by written notification.
A union is allowed to be a member of a federation.
A federation is allowed to be a member of a
confederation.

10

Law 21/2000 - Chapter V


Notification and Recording
Union, federation and confederation must be

registered at the local government office.


Local government office must keep record of the
union, federation and confederation and will issue a
record number to the union, federation and
confederation within 21 days.

11

Law 21/2000 - Chapter VI


Rights and Obligations of Unions
Registered union has the right :
a. To negotiate with the company for CLA.
b. To represent workers in industrial dispute settlement
c. To represent worker in manpower council and
institution.
d. To establish institution or conduct labor-related
activities in improving workers social welfare.
e. To conduct other activities within manpower
development provided not contrary to the prevailing
regulation.
The Union may affiliate and/or cooperate with
international organizations, provided that such affiliation
or cooperation does not run against national statutory
rules and regulations.

12

Law 21/2000 - Chapter VII


Protection of the Right to Organize
It is illegal to prevent workers to form a union, joining

or leaving a union or carrying out union activities.


The prohibited actions include ; dismissal, suspension
or otherwise prejudicing a worker at work;
withholding or reducing wages; intimidation;
campaigning against the establishment of a union.
Employers must allow union committee members or
members to participate in union activities as provided
under a CLA.

13

Law 21/2000 - Chapter VIII


Finances and Assets

Finances and assets of the Union must be

used in line with its constitution.


Union officials are accountable for the use of

fund and are obliged to keep record.


Financial report have to be submitted to the

members.

14

Law 21/2000 - Chapter IX


Settlement of Disputes Between Unions,
Federations and Confederation

Any industrial dispute is settled under mutual

respect.
If consensus is not achieved, will be settled
according to the prevailing regulation.

15

Law 21/2000 - Chapter X


Dissolution of Unions, Federations
and Confederations
Union is dissolved by a decision of the members; the

company has closed down resulting termination of


employment.
The courts may dissolve the union if its statutory is
contradictive to Pancasila ideology & UUD 45.

16

Law 21/2000 - Chapter XI


Inspection and Investigation
The inspection officials from Manpower office are

functioning to ensure the right to associate and


conduct their activities.
Besides normal police officers, inspection officials
from Manpower Dept. are also functioning to
conduct investigation on criminal offense.

17

Law 21/2000 - Chapter XII


Penalties in Relation to Offences
Under the Act
The penalties include the revocation of the union

registration identity number.


Those who are convicted in interference the right
to organize will be subject to at least 1 year in
prison 5 years maximum or fine minimum Rp.100
millions Rp.500 millions maximum.

18

Law 21/2000 :
Chapter XIII Miscellaneous Regulations

Government employees have freedom of

association.
The implementation of this right is to be regulated
by separate legislation.

19

Law 21/2000 :
Chapter XIV Transitional Arrangement
Existing Unions have to renew their registration

number 1 year at the latest after the issuance of


this law.
After 1 year re-registration is not fulfilled, will be
regarded as no registration.

20

Law 21/2000 :
Chapter XV- Coming Into Force of the Act
This law was issued on 4 August 2000 and came

into effect immediately.


Signed by the President of Republic of Indonesia,
Abdurrahman Wahid.

21

UU 13 / 2003
Issued 25 March 2003
Jumlah 18 Bab
Jumlah Pasal 193
Kepmen & Kepres yang akan diterbitkan sebanyak

42 buah.

22

Salient (important parts)


of - Act 13 / 2003
1

Work training

Manpower placement

Work relations

Protection, wages and welfare

Industrial relations

Lay offs

23

Manpower Law - Act 13/2003


Chapter I

General Provision

Chapter II

Principle & Objectives

Chapter III

Equal opportunity & treatment

Chapter IV

Manpower Planning & Information

Chapter V

Training Program

Chapter VI

Placement of work force

Chapter VII

Development of job opportunity

Chapter VIII

Utilization of expatriate

Chapter IX

Work relationship
24

Manpower Law - Act 13/2003


Chapter X

Protection, Remuneration & Welfare

Chapter XI

Industrial Relations

Chapter XII

Termination of Employment

Chapter XIII

Supervision and Development

Chapter XIV

Controlling

Chapter XV

Investigation

Chapter XVI

Criminal Provisions and Administrative


Sanction

Chapter XVII

Transition Provision

Chapter XVIII

Closing Provision

25

Termination
Termination of Employment :

Resignation
Retirement / Pension
Retrenchment (Redundancy)
Dismissal
Death

Termination for cause : Art. 158 UU 13/2003


Minor fault
Grave fault / serious offense

Termination benefits :

Severance payment (pesangon)


Long service payment (uang penghargaan masa kerja)
Compensation payment

Employment termination permit :


P4D (below 10 employees)
P4P (above 10 employees)

26

Severance Payment (Pesangon) - Act 13/2003


A

Service period

< 1 year

1 month

Service period

1 year

< 2 years

2 months

Service period

2 years

< 3 years

3 months

Service period

3 years

< 4 years

4 months

Service period

4 years

< 5 years

5 months

Service period

5 years

< 6 years

6 months

Service period

6 years

< 7 years

7 months

Service period

7 years

< 8 years

8 months

Service period

8 year or above

9 months
27

Service Payment - Act 13/2003


A

Service period

3 years

< 6 years

2 months

Service period

6 years

< 9 years

3 months

Service period

9 years

< 12 years

4 months

Service period

12 years

< 15 years

5 months

Service period

15 years

< 18 years

6 months

Service period

18 years

< 21 years

7 months

Service period

21 years

< 24 years

8 months

Service period

24 years or longer

10 months

28

Compensation Payment
Act 13/2003 Art. 156.4
Annual leave not yet taken, and still valid.
Transportation cost for repatriation of the employee

and family.
Housing and medical 15% of the termination and
service payment.
Others as determined by Industrial Dispute
Settlement Committee.

29

P4D/P Decision on Termination


Settlement - Act 13/2003
No.

PHK
(Termination)

1
2
3
4

Grave fault
Minor mistake
Resignation
Worker not guilty, but
accept PHK
Mass PHK, coy close
down (force majeur)
PHK for efficiency
PHK status change,
workers refuse to follow
new coy.
PHK change status, coy
does not want the
employees.
Pension (as per reg.)
Pension (no regulation)
Death

5
6
7
8
9
10
11

UP
(Severance)
Art 156.2
1X
2X

UPMK
(Service)
Art 156.3
1X
1X
1X

GK
(Compensation)
Art 156.4
1 X 15%
Nil SE
1 X 15%
Men
1 X 15%
B.600/05
1 X 15%

1X

1X

1 X 15%

2X
1X

1X
1X

1 X 15%
1 X 15%

2X

1X

1 X 15%

2X
2X

1X
1X

1 X 15%
1 X 15%

23

30

List of Minister Decrees to come


subsequent to Act 13/2003
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Art
Art
Art
Art
Art
Art
Art
Art
Art
Art

8 - Procedure of manpower information and manpower planning.


10 - Competency standard 227/MEN/2003.
14 - Procedure of permit to conduct work training 229/MEN/2003.
16 - Accreditation body establishment 225/MEN/2003.
18 - Independent national profession certification body.
20 - National training system.
25 - Overseas on the job training procedure 226/MEN/2003.
30 - National productivity committee.
34 Overseas placement of manpower.
38 Type of position and classification eligible to mobilization fee

11.
12.
13.
14.

Art
Art
Art
Art

41
43
44
46

230/MEN/2003.

- Job opportunity coordination body.


Approval for expatriate utilization 228/MEN/2003.
- Standard competency of expatriates.
- Positions close to foreigners.
31

List of Minister Decrees to come


subsequent to Act 13/2003
15.
16.
17.
18.
19.
20.
21.

Art
Art
Art
Art
Art
Art
Art

47
49
59
71
74
75
76

22.
23.

Art 77
Art 78

22.
23.
24.
25.
26.
27.
28.

Art
Art
Art
Art
Art
Art
Art

79
85
87
89
90
92
97

- Compensation paid by expatriates 223/MEN/2003.


- Local employees to replace expatriates.
- Limited time contract provisions.
- Working children.
- Types of works prohibited to child workers 235/MEN/2003.
Government effort to avoid working children.
Restriction & compulsory to female workers
224/MEN/2003.
- Working hours and overtime provisions 234/MEN/2003.
Provision on overtime work and overtime pay102/MEN/VI/2004.
- Annual leave and long leave provisions - 51/MEN/2004.
- Types of works eligible on public holidays 233/MEN/2003.
- Work safety management system.
- Minimum wage components.
Procedure to postpone minimum wage 231/MEN/2003.
- Structure and salary scale - 49/MEN/2004.
Minimum wage protection and fine sanction provision.
32

List of Minister Decrees to come


subsequent to Act 13/2003
31.
32.
33.
34.
35.
36.

37.
38.
39.

40.
41.
42.

Art 98 Formulation of Wage Council


Art 100 Fringe benefits provision
Art 101 Development of employees cooperatives.
Art 106 - Bipartite body establishment 255/MEN/2003.
Art 107 - Tripartite body establishment
Art 115 - Procedure of Company Policy development and
approval 48/MEN/2004.
Art 133 - Procedure of CLA development
Art 142 - Legal consequences of illegal workers strike
232/MEN/2003.
Art 156 Alteration of severance, service and compensation
payment of employment termination.
Art 178 - Manpower supervision and control.
Art 179 - Procedure of report submission of manpower
supervision and control.
Art 190 Administrative Sanction
33

34

UU 02 / 2004 PPHI (Penyelesaian


Perselisihan Hubungan Industrial)
Definition of industrial relations dispute :
Dispute between the company and the worker / union.

35

Types of Disputes
1.

Dispute on rights

2.

Dispute on interest

3.

Dispute on employment termination

4.

Dispute among trade unions within a company

36

1. Dispute on Rights
Dispute arising from failure to fulfill ones rights
due to different understanding or interpretation in
the implementation of labor laws, work agreement,
company regulations or collective labor agreement.

37

2. Dispute on Interest
Dispute arising from different opinions or positions
on the drafting and/or change of work conditions
stipulated in the work agreement, company
regulations or collective labor agreement.

38

3. Dispute on Employment
Termination
Dispute arising from different opinions regarding
employment termination.

39

4.

Dispute Among Trade Unions


Within a Company

Disputes between trade unions within one


company due to different opinions on membership,
and implementation or exercise of rights and
obligations.

40

Settlement Procedure
Outside Industrial Court

Faster
Accommodate sense of justice of the parties
concerned.
Voluntary
Friendly manner

41

4 Types of Settlement Outside


Industrial Court (IC)
1.
2.

3.
4.

Bipartite negotiations
Mediation
Conciliation
Arbitration

42

1. Bipartite Negotiation
Bipartite consist of management representatives and
workers representatives. Bipartite settlement is first
priority before other party is invited to help in settling
the dispute.

43

2. Mediator
Mediator is government official responsible for
mediating labor disputes. Mediator is assigned by
Minister to mediate and shall be obliged to provide a
written recommendation to both parties as to resolve
the disputes.

44

3. Conciliator

Conciliator is assigned by the Minister to give written


recommendation to the parties in resolving the
disputes of interest, termination and dispute among
unions in a company.

45

4. Arbitrator
Arbitrators refer to one or more persons appointed by
the parties involved in a dispute from the list of
Arbitrators provided by the Minister, to resolve
disputes on interest and dispute between unions in a
company.

46

Dispute Settlement Mechanism


by Bipartite Negotiation
Record At
Industrial Court

Registration
Slip

Mediation
(4)

Conciliation
(3)

Arbitration
(2)

Court
(4)

No Consensus
Collective
Agreement

Consensus

Bipartite Negotiation
Minutes

Dispute
Company /
Management
Termination, Rights, Interest &
Dispute Among Unions

Bipartite Negotiations

Bipartite approach as first priority and


compulsory.
Negotiate first before inviting any third party,
minutes signed.
Settlement should be reached within 30
working days.
Signed collective agreement shall become law
and registered at Industrial Court.
Disagreement, one of the parties to file case at
the Manpower office.

48

Dispute settlement mechanism


by Mediation
Record At
Industrial
Court

INDUSTRIAL COURT

Registration
Slip

No Consensus
Collective
Agreement

Consensus

Mediation

Mediator produces suggestion.


Suggestion submitted in 14 days.
Both parties reply the suggestion
within 14 days.

Bipartite Negotiation
Minutes

No reply regarded as refusing /


rejection.
Agree upon the suggestion,
Collective Agreement is to be
produced within 6 days.

Dispute
Termination, Rights, Interest &
Dispute Among Unions

Company /
Management

Mediation
1.
2.
3.
4.

5.
6.

7.
8.

Mediator is a government official.


The 4 types of disputes can be settled thru this
mediation.
Case must be examined within 7 days after written
request.
Written agreement reached, to be filed at Industrial
Court.
Agreement not reached, mediator issue written
recommendation within 10 days.
Both parties should give opinion within 14 working
days.
Either party fails to give opinion regarded to have
rejected the recommendation.
Mediator must complete the mediation within 30
working days.
50

Conciliation
1.

2.
3.

4.
5.

6.

Conciliator is registered at Manpower office.


Conciliator is to be selected by both parties within
7 days.
3 types of disputes can be settled thru this
conciliation : interest, employment termination,
dispute among unions.
Conciliator may call for witness.
Conciliation must be done within 30 days.
Fees to be paid by the state.

51

Dispute settlement mechanism


by Mediation / Conciliation / Arbitration
Record At
Industrial
Court

SUPREME COURT
Registration
Slip

PPHI
No Consensus
Collective
Agreement

Consensus

Mediation / Conciliation / Arbitration

Bipartite Negotiation
Minutes

Dispute
TERMINATION, RIGHTS, INTEREST &
DISPUTE AMONG UNIONS

Company /
Management

Mediation/
Conciliation/
Arbitration
Meeting

Arbitration
1.

2.
3.

4.
5.
6.

Certain requirement as Arbitrator and provided by


the Minister.
2 types of disputes only can be settled thru
arbitration : interest and dispute among unions.
Both parties to make written agreement containing:
name of Arbitrator, the case, authorize and will
abide the Arbitrators decision.
Each party choose 1 Arbitrator, the 3rd is chosen by
the two Arbitrators.
Fail to choose Arbitrator, Industrial Court will
appoint the Arbitrator.
Written agreement as the appointed Arbitrators.

53

Arbitration (cont.)
7.
8.
9.
10.
11.
12.

13.
14.

Arbitrators will finalize their job within 30 days.


Based on both parties agreement, can be extended for
14 days.
Close arbitration unless both parties agree to
otherwise.
Each party may be represented by Legal Counselor.
Arbitrator may break the agreement if both parties do
not show up at the hearing.
If either party does not come in the first meeting, the
Arbitrators may issue the virtue without the presence
of one party.
Arbitrators will offer a compromise or consensus.
Consensus to be mutually signed and filed at the
Industrial Court.
54

Arbitration (cont.)
15. Consensus achieved, will be filed at the Industrial

16.
17.
18.
19.
20.
21.
22.
23.

Court.
Consensus not carried out will be executed.
Cost associated to bring witness will be born by the
requesting party.
All hearing and meetings will be recorded.
Decision to be implemented within 14 days.
If not carried out, Industrial Court execution may be
requested.
In 30 days either party may request for cancellation
to Higher Court, Supreme Court (Makamah Agung).
MA can cancel the decision within 30 days.
Dispute being settled by the Arbitrators may not be
brought to Industrial Court.
55

Industrial Court
A special court established within the District Court

and authorized to examine, hear and render


decisions over industrial relation disputes.
Initially, one Industrial Court shall be established in

every District Court in all provincial capital cities


whose jurisdiction covers a particular province.

56

Industrial Court (IC)


Cases can be brought to IC :
a. First level of the IC :
Rights dispute
Employment termination
b. First and final level
Interest disputes
Dispute between unions in one company

57

Structure of IC at
the District Court

Judge
Ad-hoc Judge
Junior Registrar
Substitute Registrar

58

Structure of IC at
the Supreme Court

Supreme Court Judge


Ad-hoc judge at the Supreme Court
Registrar

59

Ad-hoc Judges
Appointed and terminated by Supreme Court Head.
Consist of at least 5 persons each from labor

organization and employers association.


Before being proposed to the President by the
Supreme Court, Ad-hoc Judges must obtain approval
from the Minister in change of labor matter.

60

Qualification of Ad-hoc Judges


Indonesian.
Believe in one God.
Loyal to Pancasila & 1945 Constitution.
Minimum 30 years old.
Physically healthy.
Reputable, honest, fair and has good conduct.
Minimum Bachelor degree except at Supreme Court
level must hold a law degree.
At least 5 years experience in industrial relations.

61

Multiple positions prohibited


Member of State High

Institution
Head of
Province/Region
Member of DPR/D
Military / police
personnel
Civil servant
Management of
political party

Lawyer
Mediator
Conciliator
Arbitrator
Management of trade
union
Management of
employers association

62

Termination of Ad-hoc Judges


Ad-hoc judges are not career judges.
Term of office is limited to 5 years, can be extended to

another 5 years.
Due to :

Death
Resignation
Sickness
Reaching 62 years old
No longer capable to perform tasks
Replacement of member of
Completion of office term

Terminated without honor due to :


Imprisonment for criminal action
Neglect duties for 3 months
Breaching oath and promise
63

Monitoring of Ad-hoc Judges


Monitored by Head of District Court & Head of

Supreme Court.
Not negating or reducing the freedom to examine
and resolve the cases.
Intended to make Ad-hoc Judges work more
professionally.
Can give warning or guidance.

64

No appeal in the High Court


Decision of IC is intended to be final and binding

legal decision.

65

Appeal Process in the Supreme Court


Not all dispute can be appealed to Supreme Court.
Can be appealed : Rights disputes & employment

termination.
Can not be appealed : Interest dispute and dispute
between unions in a company.

66

Legal proceeding
A valid legal proceeding of IC is similar to civil

law proceeding.
Subject to stipulation under Dispute Settlement

Act.

67

Hearing
Open to public, unless for certain reasons judge will

declare close to public.


7 days after the constitution of the panel hearing

will be done.

68

Summon for Witness

Expert witnesses may be summoned for their

testimony.
In addition to the summons to witnesses and expert

witnesses, the judges shall be authorized to seek


clarification from anyone, including the opening of
books and the submission of correspondence.

69

Decision Making
Panel of Judges consider :
Laws
Existing agreements
Customs and
Fair sense of justice.
Disputes must be settled within 50 workdays.
Appeal to the Supreme Court must be

submitted within 14 workdays.

70

Examining Industrial Dispute


Panel of Judges shall not only consider formal

justification, but also material justification.

71

Supreme Court Level


Similar to Panel of Judges at the Court of First

Level, at Supreme Court shall consist of 1 Justice


and 2 Ad-hoc Judges.
Panel of Judges must make decision within 30

workdays, only on employment termination and


interest disputes.

72

Administrative & Criminal Sanctions


Administrative sanction shall cover:
Disciplinary action
Written warning
Temporary revocation as Conciliator and Arbitrator
Permanent Revocation as Conciliator and Arbitrator

73

Disciplinary action
To be imposed to the Mediator and Junior

Committee, since both are civil government


officials.
The sanction to be imposed is pursuant to the

prevailing laws and regulations.

74

Written Warning
To be imposed to the Conciliator for the

following reasons :
The Conciliator fails to submit written
recommendation after 14 workdays or does not
help the parties in making the collective
agreement after 3 workdays.
The Arbitrator does not resolve the industrial
relation dispute within 30 workdays and during
the extension period I.e. at the latest 14 work
days or fail to make minutes of investigation.
75

Temporary Revocation
Issued after 3 warning letters.

Temporary revocation is valid for 3 months.

76

Permanent Revocation
After 3 temporary revocations

Proven to have committed a criminal action and

abuse the power.

77

Criminal Sanction
Anyone violates the stipulation as mentioned in Art.

12.1, 3, Art. 17.1, 3, Art 90.2, Art. 90.1, 1 shall be


liable for criminal sanction of :
Minimum 1 month, maximum 6 month
confinement, and/or ;
Fine minimum Rp.10,000,000 and maximum
Rp.50,000,000

78

Dispute Settlement Mechanism


by Industrial Court
Supreme Court

Industrial Court
Mediation

Conciliation

APPEAL
SUPREME COURT
INTEREST
AMONG
UNIONS

Arbitration

Interest,
Termination,
Among Unions
Rights, Interest,
Termination, Among Unions

No Consensus

Interest & Among Unions

Bipartite / Negotiation
For Consensus

Dispute
TERMINATION, RIGHTS, INTEREST, AMONG
UNIONS

Company /
Management

Industrial Court - Procedure


1.

Dispute legal action to be submitted to IC.

2.

Span of time 1 year for submission.

3.

Must be backed up with proper documentation at


conciliation or mediation level.

4.

Charge may be cancelled at any time.

5.

After being replied, charge may be cancelled if


approved by the defendant.

6.

Court will decide first the rights and interest disputes


if employment termination follows the case.

80

Industrial Court - Procedure


7.

8.
9.
10.
11.
12.
13.

Union and employers organization may act as Law


Counselor.
Chairman of IC must have determined the judges.
Invitation must be official.
Judge may call for witness.
Either party does not show up, next court will be in
7 days time.
Postponement only 2 x.
After officially invited and still not present at the
last invitation, charge is regarded as void.

81

Industrial Court - Procedure


14. Not present as per point 12, Board of Judges may

make decision without the presence of the


defendant.
15. Court opened for public, except Board of Judges
decide otherwise.
16. In the first court, the company found not
conforming to Act 13/2003, Judge will make interim
decision on that day.
17. If interim decision not carried out, Chairman of
Judges may instruct confiscation.

82

Industrial Court - Procedure


18. Quick investigation :

In emergency cases, either one or both parties


may be investigated immediately.
Within 7 days request may be approved.
In 7 days Board of Judges will make decision.
Time limit to answer and evidence shall not
exceed 14 days.

83

Penyelesaian perselisihan hubungan industrial


berdasarkan UU PPHI
Sepakat

I. Bipartit

Perjanjian
Bersama

Didaftarkan

Sepakat

Eksekusi

II. Mediasi

Tidak
Sepakat
III. Konsiliasi
Ditawarkan

Tidak
Sepakat
V. PPHI

IV. Arbitrase
Fiat
Eksekusi
84

Pembinaan dan Perlindungan


Tenaga Kerja
1. Norma keselamatan kerja
Keselamatan kerja yang berhubungan dengan
mesin, pesawat, alat kerja, bahan, proses
pengolahan, tempat kerja, cara kerja.

2. Norma kesehatan dan hygiene perusahaan


Pemeliharaan kesehatan tenaga kerja
Pemberian pengobatan
Perawatan
Pencegahan penyakit akibat kerja

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Pembinaan Dan Perlindungan


Tenaga Kerja (lanjutan)
3. Norma kerja

Waktu kerja
Istirahat, cuti
Kebersihan
Kesusilaan
Tempat ibadah

4. Ganti kerugian & rehabilitasi


Terhadap kecelakaan/kematian
Cacat

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Jaminan Sosial Tenaga Kerja


Penyelenggaraan Jaminan Sosial bagi tenaga kerja

dan keluarganya diatur dalam program JAMSOSTEK.


Mengatur tentang : kesehatan, iuran dan santunan.

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Ijin PHK
Setiap PHK harus mendapatkan ijin dari

P4D/P4P.
PHK tanpa minta ijin apabila :

PHK dalam masa percobaan.


Pekerja mengajukan pengunduran diri.
Pekerja mencapai usia pensiun.
Berakhirnya KKWT.
Pekerja meninggal dunia

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Uang Ganti Kerugian


Istirahat tahunan yang belum diambil dan belum gugur.
Ganti kerugian untuk istirahat panjang apabila ada

perusahaan memberlakukan.
Biaya repatriasi (pemulangan ketempat asal).
Penggantian perumahan serta pengobatan dan
perawatan sebesar 15%.
Lain-lain yang ditetapkan P4D/P4P.

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PHK dilarang bila :


Pekerja sakit (keterangan dokter) selama tidak

melampaui 12 bulan terus menerus.


Pekerja memenuhi kewajiban negara.
Pekerja menjalankan ibadah agama.
Pekerja menikah, hamil, melahirkan atau gugur
kandungan.
Pekerja menyusui bayi.
Pekerja mempunyai pertalian darah dengan pekerja
lain dalam perusahaan.

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Penyelesaian PHK
Pengusaha harus mengusahakan jangan terjadi PHK

dengan melakukan :

Pembinaan terhadap pekerja


Memperbaiki kondisi perusahaan (efficiency)

Pembinaan dengan cara memberikan peringatan secara

tertulis berupa SP I, SP II, SP III masing-masing berlaku 6


bulan.
Pengusaha dapat langsung memberikan SP terakhir
apabila :
Pekerja tetap melawan perintah 3 kali berturut-turut.
Pekerja sengaja atau lalai yang berakibat tidak dapat melakukan
pekerjaan.
Tidak cakap melakukan pekerjaan.
Melanggar ketentuan.

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Penyelesaian PHK
Pekerja mendapat SP terakhir, melanggar lagi dapat

diPHK.
Pekerja mangkir 5 hari berturut-turut dan telah dipanggil
2 x secara tertulis tanpa keterangan.
Pekerja tidak masuk kerja 5 hari berturut-turut karena
mogok, sesuai peraturan perundangan, tidak dapat
dinyatakan mangkir.
Sebelum PHK pekerja di-skorsing, upah dibayar
sebagaimana biasa.
Pekerja melakukan kesalahan berat, PHK tanpa
pesangon, tanpa UPMK tapi mendapat Uang Penggantian
Hak dan Uang Pisah yang bersifat optional (kalau ada
dalam PKB atau PP).

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Kesalahan Berat
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Penipuan, pencurian atau penggelapan.


Memberikan keterangan palsu.
Mabuk, minuman keras, mengedarkan narkotika.
Perbuatan asusila.
Menyerang, menganiaya.
Membujuk melakukan tindakan melawan hukum.
Ceroboh atau sengaja merusak.
Ceroboh atau sengaja membiarkan teman sekerja
dalam bahaya kecelakaan kerja.
Membocorkan rahasia perusahaan.
Melakukan tindakan yang diancam hukuman lebih
dari 5 tahun.

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Selamat Datang Didunia


Human Resources Development
&
Industrial Relations
Management

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