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

2

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.

3

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)

4

Hukum Perburuhan Terakhir

UU 21 / 2000 – Serikat Pekerja

UU 13 / 2003 - Ketenagakerjaan

UU 02 / 2004 – PPHI (Penyelesaian Perselisihan

Hubungan Industrial)

5

UU 21 / 2000 - Workers Unionism

Chapter I General Definitions

Chapter II Statutory Basis, Characteristics and Objectives

Chapter III Formation of Unions

Chapter IV Membership

Chapter V Notification and Recording

Chapter VI Rights and Obligations of Unions

Chapter VII Protection of the Right to Organize

Chapter VIII 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

6

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”.

7

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.

8

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.

9

Law 21/2000 - Chapter III Formation of Unions

10

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.

11

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.

12

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.

13

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.

14

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.

15

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.

16

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.

17

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.

18

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.

19

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.

20

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.

21

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.

22

UU 13 / 2003

Issued 25 March 2003

Jumlah 18 Bab

Jumlah Pasal 193

Kepmen & Kepres yang akan diterbitkan sebanyak

42 buah.

23

Salient (important parts) of - Act 13 / 2003

1 Work training

2 Manpower placement

3 Work relations

4 Protection, wages and welfare

5 Industrial relations

6 Lay offs

24

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

25

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

Manpower Law - Act 13/2003

26

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)

27

Severance Payment (Pesangon) - Act 13/2003

A Service period < 1 year 1 month

B Service period 1 year < 2 years 2 months

C Service period 2 years < 3 years 3 months

D Service period 3 years < 4 years 4 months

E Service period 4 years < 5 years 5 months

F Service period 5 years < 6 years 6 months

G Service period 6 years < 7 years 7 months

H Service period 7 years < 8 years 8 months

I Service period 8 year or above 9 months

28

Service Payment - Act 13/2003

A Service period 3 years < 6 years 2 months

B Service period 6 years < 9 years 3 months

C Service period 9 years < 12 years 4 months

D Service period 12 years < 15 years 5 months

E Service period 15 years < 18 years 6 months

F Service period 18 years < 21 years 7 months

G Service period 21 years < 24 years 8 months

H Service period 24 years or longer 10 months

29

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.

30

P4D/P Decision on Termination Settlement - Act 13/2003

No. PHK (Termination)

UP (Severance) Art 156.2

UPMK (Service) Art 156.3

GK (Compensation)

Art 156.4

1 2 3 4 5 6 7 8 9 10 11

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

- 1X -

2X

1X

2X 1X

2X -

2X 2X

1X 1X -

1X

1X

1X 1X

1X -

1X 1X

1 X 15% 1 X 15% 1 X 15% 1 X 15%

1 X 15%

1 X 15% 1 X 15%

1 X 15% -

1 X 15% 1 X 15%

23

Nil SE

Men

B.600/05

31

List of Minister Decrees to come subsequent to Act 13/2003

1. Art 8 - Procedure of manpower information and manpower planning. 2. Art 10 - Competency standard – 227/MEN/2003. 3. Art 14 - Procedure of permit to conduct work training – 229/MEN/2003. 4. Art 16 - Accreditation body establishment – 225/MEN/2003. 5. Art 18 - Independent national profession certification body. 6. Art 20 - National training system. 7. Art 25 - Overseas on the job training procedure – 226/MEN/2003. 8. Art 30 - National productivity committee. 9. Art 34 – Overseas placement of manpower. 10. Art 38 – Type of position and classification eligible to mobilization fee – 230/MEN/2003. 11. Art 41 - Job opportunity coordination body. 12. Art 43 – Approval for expatriate utilization – 228/MEN/2003. 13. Art 44 - Standard competency of expatriates. 14. Art 46 - Positions close to foreigners.

32

List of Minister Decrees to come subsequent to Act 13/2003

15. Art 47 - Compensation paid by expatriates – 223/MEN/2003. 16. Art 49 - Local employees to replace expatriates. 17. Art 59 - Limited time contract provisions. 18. Art 71 - Working children. 19. Art 74 - Types of works prohibited to child workers – 235/MEN/2003. 20. Art 75 – Government effort to avoid working children. 21. Art 76 – Restriction & compulsory to female workers – 224/MEN/2003. 22. Art 77 - Working hours and overtime provisions – 234/MEN/2003. 23. Art 78 – Provision on overtime work and overtime pay- 102/MEN/VI/2004. 22. Art 79 - Annual leave and long leave provisions - 51/MEN/2004. 23. Art 85 - Types of works eligible on public holidays – 233/MEN/2003. 24. Art 87 - Work safety management system. 25. Art 89 - Minimum wage components. 26. Art 90 – Procedure to postpone minimum wage – 231/MEN/2003. 27. Art 92 - Structure and salary scale - 49/MEN/2004. 28. Art 97 – Minimum wage protection and fine sanction provision.

33

List of Minister Decrees to come subsequent to Act 13/2003

31. Art 98 – Formulation of Wage Council 32. Art 100 – Fringe benefits provision 33. Art 101 – Development of employees cooperatives. 34. Art 106 - Bipartite body establishment – 255/MEN/2003. 35. Art 107 - Tripartite body establishment 36. Art 115 - Procedure of Company Policy development and

approval – 48/MEN/2004. 37. Art 133 - Procedure of CLA development 38. Art 142 - Legal consequences of illegal workers strike –

232/MEN/2003. 39. Art 156 – Alteration of severance, service and compensation

payment of employment termination. 40. Art 178 - Manpower supervision and control. 41. Art 179 - Procedure of report submission of manpower

supervision and control. 42. Art 190 – Administrative Sanction

34

35

UU 02 / 2004 – PPHI (Penyelesaian

Perselisihan Hubungan Industrial)

Definition of industrial relations dispute :

Dispute between the company and the worker / union.

36

Types of Disputes

1. Dispute on rights

2. Dispute on interest

3. Dispute on employment termination

4. Dispute among trade unions within a company

37

1. Dispute on Rights

Dispute arising from failure to fulfill one‟s rights

due to different understanding or interpretation in

the implementation of labor laws, work agreement,

company regulations or collective labor agreement.

38

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.

39

3. Dispute on Employment

Termination

Dispute arising from different opinions regarding

employment termination.

40

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.

41

Settlement Procedure

Outside Industrial Court

Faster

Accommodate sense of justice of the parties

concerned.

Voluntary

Friendly manner

42

4 Types of Settlement Outside

Industrial Court (IC)

1. Bipartite negotiations

2. Mediation

3. Conciliation

4. Arbitration

43

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.

44

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.

45

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.

46

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.

Dispute Settlement Mechanism

by Bipartite Negotiation

Company / Management

Dispute

Bipartite Negotiation

Minutes

No Consensus

Termination, Rights, Interest &

Dispute Among Unions

Collective Agreement

Record At Industrial Court Mediation

( 4 ) Conciliation

( 3 ) Arbitration

( 2 ) Court

( 4 )

Consensus

Registration Slip

48

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.

Dispute settlement mechanism

by Mediation

Company / Management

Dispute

Bipartite Negotiation

Minutes

Mediation

Termination, Rights, Interest &

Dispute Among Unions

Collective Agreement

Record At Industrial

Court

Consensus

INDUSTRIAL COURT

• Mediator produces suggestion.

• Suggestion submitted in 14 days.

• Both parties reply the suggestion within 14 days.

• No reply regarded as refusing / rejection.

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

Registration Slip

No Consensus

50

Mediation

1. Mediator is a government official.

2. The 4 types of disputes can be settled thru this mediation.

3. Case must be examined within 7 days after written request.

4. Written agreement reached, to be filed at Industrial Court.

5. Agreement not reached, mediator issue written recommendation within 10 days.

6. Both parties should give opinion within 14 working days.

7. Either party fails to give opinion regarded to have rejected the recommendation.

8. Mediator must complete the mediation within 30 working days.

51

Conciliation

1. Conciliator is registered at Manpower office.

2. Conciliator is to be selected by both parties within

7 days.

3. 3 types of disputes can be settled thru this

conciliation : interest, employment termination,

dispute among unions.

4. Conciliator may call for witness.

5. Conciliation must be done within 30 days.

6. Fees to be paid by the state.

Dispute settlement mechanism

by Mediation / Conciliation / Arbitration

Company / Management

Dispute

Bipartite Negotiation

Minutes

Mediation / Conciliation / Arbitration

TERMINATION, RIGHTS, INTEREST &

DISPUTE AMONG UNIONS

Collective Agreement

Record At Industrial

Court

Consensus

SUPREME COURT

Mediation/ Conciliation/ Arbitration Meeting

Registration Slip

PPHI No Consensus

53

Arbitration

1. Certain requirement as Arbitrator and provided by the Minister.

2. 2 types of disputes only can be settled thru arbitration : interest and dispute among unions.

3. Both parties to make written agreement containing: name of Arbitrator, the case, authorize and will abide the Arbitrators‟ decision.

4. Each party choose 1 Arbitrator, the 3rd is chosen by the two Arbitrators.

5. Fail to choose Arbitrator, Industrial Court will appoint the Arbitrator.

6. Written agreement as the appointed Arbitrators.

54

Arbitration (cont.)

7. Arbitrators will finalize their job within 30 days.

8. Based on both parties agreement, can be extended for 14 days.

9. Close arbitration unless both parties agree to otherwise.

10. Each party may be represented by Legal Counselor.

11. Arbitrator may break the agreement if both parties do not show up at the hearing.

12. If either party does not come in the first meeting, the Arbitrators may issue the virtue without the presence of one party.

13. Arbitrators will offer a compromise or consensus.

14. Consensus to be mutually signed and filed at the Industrial Court.

55

Arbitration (cont.)

15. Consensus achieved, will be filed at the Industrial Court.

16. Consensus not carried out will be executed.

17. Cost associated to bring witness will be born by the requesting party.

18. All hearing and meetings will be recorded.

19. Decision to be implemented within 14 days.

20. If not carried out, Industrial Court execution may be requested.

21. In 30 days either party may request for cancellation to Higher Court, Supreme Court (Makamah Agung).

22. MA can cancel the decision within 30 days.

23. Dispute being settled by the Arbitrators may not be brought to Industrial Court.

56

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.

57

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

58

Structure of IC at

the District Court

Judge

Ad-hoc Judge

Junior Registrar

Substitute Registrar

59

Structure of IC at

the Supreme Court

Supreme Court Judge

Ad-hoc judge at the Supreme Court

Registrar

60

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.

61

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.

62

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

63

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

64

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.

65

No appeal in the High Court

Decision of IC is intended to be final and binding

legal decision.

66

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.

67

Legal proceeding

A valid legal proceeding of IC is similar to civil

law proceeding.

Subject to stipulation under Dispute Settlement

Act.

68

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.

69

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.

70

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.

71

Examining Industrial Dispute

Panel of Judges shall not only consider formal

justification, but also material justification.

72

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.

73

Administrative & Criminal Sanctions

Administrative sanction shall cover:

– Disciplinary action

– Written warning

– Temporary revocation as Conciliator and Arbitrator

– Permanent Revocation as Conciliator and Arbitrator

74

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.

75

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.

76

Temporary Revocation

Issued after 3 warning letters.

Temporary revocation is valid for 3 months.

77

Permanent Revocation

After 3 temporary revocations

Proven to have committed a criminal action and

abuse the power.

78

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

Dispute Settlement Mechanism

by Industrial Court

Company / Management

Dispute

Interest, Termination, Among Unions

INTEREST AMONG UNIONS

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

Bipartite / Negotiation For Consensus

Supreme Court APPEAL

SUPREME COURT

No Consensus

TERMINATION, RIGHTS, INTEREST, AMONG UNIONS

Conciliation

Arbitration Mediation

Industrial Court

80

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.

81

Industrial Court - Procedure

7. Union and employers organization may act as Law Counselor.

8. Chairman of IC must have determined the judges.

9. Invitation must be official.

10. Judge may call for witness.

11. Either party does not show up, next court will be in 7 days time.

12. Postponement only 2 x.

13. After officially invited and still not present at the last invitation, charge is regarded as void.

82

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.

83

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.

84

Penyelesaian perselisihan hubungan industrial

berdasarkan UU PPHI

Sepakat

Tidak Sepakat

Sepakat Tidak

Sepakat

Perjanjian Bersama

I. Bipartit II. Mediasi

III. Konsiliasi

IV. Arbitrase

V. PPHI

Eksekusi

Didaftarkan

Ditawarkan

Fiat Eksekusi

85

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

86

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

87

Jaminan Sosial Tenaga Kerja

Penyelenggaraan Jaminan Sosial bagi tenaga kerja

dan keluarganya diatur dalam program JAMSOSTEK.

Mengatur tentang : kesehatan, iuran dan santunan.

88

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

89

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.

90

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.

91

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. Penipuan, pencurian atau penggelapan.

b. Memberikan keterangan palsu.

c. Mabuk, minuman keras, mengedarkan narkotika.

d. Perbuatan asusila.

e. Menyerang, menganiaya.

f. Membujuk melakukan tindakan melawan hukum.

g. Ceroboh atau sengaja merusak.

h. Ceroboh atau sengaja membiarkan teman sekerja dalam bahaya kecelakaan kerja.

i. Membocorkan rahasia perusahaan.

j. Melakukan tindakan yang diancam hukuman lebih dari 5 tahun.

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Selamat Datang Didunia

Human Resources Development

&

Industrial Relations

Management