MANPOWER

ANITA AFRIANA
SCOPE

 The regulation about relation and dispute resolution

between worker/labourer and enterpreneur or an
employer ( Utrecht)
 Not only the regulation about working but also
everthing could be arise from working agreement. (
Van Apeldoorn)
 An industrial relation (Hubungan Industrial) shall be
defined as a system of relations that take shape
among actors in the process of producing goods
and/or services, which consist of employers,
workers/ labourers and the government, which is
based on the values of the Pancasila and the 1945
Constitution of the Republic of Indonesia.
RIGHTS AND OBLIGATION

Act

Collective works agreement

Working agreement

Enterprise rules and regulation

AN [INDIVIDUAL] WORK AGREEMENT

 an agreement made between a worker/ labourer and

an entrepreneur or an employer. The agreement
specifies work requirements, rights and obligations of
both sides.
 A work agreement cannot be withdrawn and/or
changed unless both sides in the agreement agree to
do so;
 A work agreement may be made for a specified
period of time or for an unspecified period of time.
 A work agreement for a specified period of time shall
be made based on term or the completion of a certain
job.
 A work agreement for a specified period of time
can only be made for a certain job, which, because
of the type and nature of the job, will finish in a
specified period of time, that is:
Work to be performed and completed at one go or
work which is temporary by nature;
Work whose completion is estimated at a period of
time which is not too long and No. longer than 3 (three)
years;
Seasonal work or work that is related to a new product,
a new [type of] activity or an additional product that is
still in the experimental stage or try-out phase.
A COLLECTIVE WORK AGREEMENT

 an agreement resulted from negotiations between

a trade/ labour union or several trade/ labour
unions registered at a government agency
responsible for manpower affairs and an
entrepreneur or several entrepreneurs or an
association of entrepreneurs. The agreement shall
specify work requirements, rights and obligations of
both sides.
EMPLOY CHILDREN

 Entrepreneurs are not allowed to employ children (

Article 68)
 Exemption from what is stipulated under Article 68
may be made for the employment of children age
between 13 (thirteen) years old and 15 (fifteen)
years old for light work as long as the job does not
stunt or disrupt their physical, mental and social
developments ( Article 69)
 The entrepreneurs must have written permission from the parents or
guardians of the children;
 There must be a work agreement between the entrepreneur and
the parents or guardians of the children;
 The entrepreneurs must not require the children to work longer than
3 (three) hours [a day];
 The entrepreneurs shall employ the children to work only at day or
during the day without disturbing their schooling;
 In employing the children, the entrepreneurs shall meet]
occupational safety and health requirements;
 A clear-cut employment relation [between the entrepreneur and
the child worker/ his or her parent or guardian must be established;
and
 The children shall be entitled to receive wages in accordance with
valid rulings.
WORKING HOURS

 The working hours as referred to under subsection (1)

shall be arranged as follows:
 7 (seven) hours a day and 40 (fourty) hours a week for 6
(six) workdays in a week; or
 8 (eight) hours a day, 40 (forty) hours a week for 5 (five)
workdays in a week;

Rulings concerning the working hours as referred to under

subsection (2) do not apply to certain business sectors or
certain types of work.
Rulings concerning working hours for certain business
sectors or certain types of work as referred to
INDUSTRIAL RELATIONS DISPUTE

 a difference of opinion that results in a conflict

between an entrepreneur or an association of
entrepreneurs and a worker/ labourer or a trade/
labour union because of dispute over rights, interests
and termination of employment and dispute
between a trade/ labour union and another trade/
labour union in the same enterprise.
 Industrial Relation
Dispute

The severance of
Strike Lockout an employment
relationship
Manpower Dispute

 Dispute over right

 Dispute over interest
 Dispute over termination of employment from the
lack
 Dispute among trade unions is dispute between one
trade union and another trade union within one
company, due to the fact there is non convergence
regarding membership, implementation of rights,
and obligation to the union
DISPUTE RESOLUTION

BIPARTIT ( TWO PARTIES)

 TRIPARTIT ( THREE PARTIES
WITH MEDIATOR)

ADR

AN INDUSTRIAL RELATIONS
COURT
PRIVATE DISPUTE
RESOLUTION
ANITA AFRIANA
THE METHOD/MECHANISM OF
PRIVATE DISPUTE RESOLUTION

OUT OF COURT
COURT
Alternative Dispute
( Commercial Court)
Resolution

COMBINATION
( Consumer Dispute Resolution, Unfair
Business Pratice Dispute, Industrial
Relation Dispute, etc)
METHOD

 In Indonesian legal system, there are two types of

dispute settlement mechanisms, namely litigation
and non-litigation.
 Business disputes require an expeditious, simple and
amicable settlement which is cost-effective.
 a civil business dispute settlement is conducted
through a court proceeding by filing a lawsuit by a
party who feels harmed or experience financial loss
by another party deemed to have caused such
harm or loss.
 Business disputes, in principle, are ordinary civil
disputes which may be based on the existence of a
breach of contract or unlawful acts.
 Non-litigation business disputes can be settled through
negotiation, mediation, conciliation, and arbitration.
 Mediation is a dispute settlement process through
negotiation or consensus of the parties assisted by a
mediator who has no authority to decide or impose a
settlement.
 The main characteristic of the mediation process is a
negotiation that is essentially similar with consensus. In
accordance with the nature of deliberations or
consensus, there should not be a compulsion to
accept or reject any ideas or means of settlement
during the mediation process. Everything has to be
approved by both parties.
ARBITRATION

 Law No 30 of 1999;
 Arbitration shall mean a mechanism of settling civil
disputes outside the general courts based upon an
arbitration agreement entered into in writing by the
disputing Parties;
 Arbitration agreement shall mean a written
agreement in the form of an arbitration clause
entered into by the parties before a dispute arises,
or a separate written arbitration agreement made
by the parties after a dispute arises.
ARBITARTION PROCEDURES

 All hearings of arbitration disputes shall be closed to

the public
 The language to be used in all arbitration
proceedings is Indonesian, except that the parties
may choose another language to be used, subject
to consent of the arbitrator or arbitration tribunal
 The parties in dispute shall have the same right and
opportunity to put forward their respective opinions.