Intensive Course Human Resources Development Management Understanding Government Regulations UU 21/2000 UU 13/2003

1
Intensive Course Human Resources Development
ManagementUnderstanding Government
RegulationsUU 21/2000UU 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
• To negotiate with the company for CLA.
• To represent workers in industrial dispute
  settlement
• To represent worker in manpower council and
  institution.
• To establish institution or conduct
  labor-related activities in improving workers
  social welfare.
• 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
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
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 lt 1 year lt 1 year 1 month
B Service period 1 year lt 2 years 2 months
C Service period 2 years lt 3 years 3 months
D Service period 3 years lt 4 years 4 months
E Service period 4 years lt 5 years 5 months
F Service period 5 years lt 6 years 6 months
G Service period 6 years lt 7 years 7 months
H Service period 7 years lt 8 years 8 months
I Service period 8 year or above 8 year or above 9 months
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Service Payment - Act 13/2003
A Service period 3 years lt 6 years 2 months
B Service period 6 years lt 9 years 3 months
C Service period 9 years lt 12 years 4 months
D Service period 12 years lt 15 years 5 months
E Service period 15 years lt 18 years 6 months
F Service period 18 years lt 21 years 7 months
G Service period 21 years lt 24 years 8 months
H Service period 24 years or longer 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
Nil SE Men B.600/05
31
List of Minister Decrees to come subsequent to
Act 13/2003

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

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

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

33
List of Minister Decrees to come subsequent to
Act 13/2003

• 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

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(No Transcript)
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

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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.

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
Dispute on Employment Termination

• Dispute arising from different opinions regarding
  employment termination.

40
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.

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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.

47
Dispute Settlement Mechanism by Bipartite
Negotiation
Record At Industrial Court
Mediation ( 4 )
Conciliation ( 3 )
Arbitration ( 2 )
Court ( 4 )
Registration Slip
No Consensus
Consensus
Collective Agreement
Bipartite Negotiation Minutes
Company / Management

Dispute
Termination, Rights, Interest Dispute Among
Unions
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.

49
Dispute settlement mechanism by Mediation
INDUSTRIAL COURT
Record At Industrial Court
Registration Slip
No Consensus
Consensus
Collective Agreement
Mediation

• 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.

Bipartite Negotiation Minutes

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

52
Dispute settlement mechanism by Mediation /
Conciliation / Arbitration
SUPREME COURT
Record At Industrial Court
Registration Slip
PPHI No Consensus
Consensus
Collective Agreement
Mediation/ Conciliation/ Arbitration Meeting
Mediation / Conciliation / Arbitration
Bipartite Negotiation Minutes
Company / Management

Dispute
TERMINATION, RIGHTS, INTEREST DISPUTE AMONG
UNIONS
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.)

1. Arbitrators will finalize their job within 30
   days.
2. Based on both parties agreement, can be extended
   for 14 days.
3. Close arbitration unless both parties agree to
   otherwise.
4. Each party may be represented by Legal Counselor.
   
5. Arbitrator may break the agreement if both
   parties do not show up at the hearing.
6. If either party does not come in the first
   meeting, the Arbitrators may issue the virtue
   without the presence of one party.
7. Arbitrators will offer a compromise or consensus.
8. Consensus to be mutually signed and filed at the
   Industrial Court.

55
Arbitration (cont.)

1. Consensus achieved, will be filed at the
   Industrial Court.
2. Consensus not carried out will be executed.
3. Cost associated to bring witness will be born by
   the requesting party.
4. All hearing and meetings will be recorded.
5. Decision to be implemented within 14 days.
6. If not carried out, Industrial Court execution
   may be requested.
7. In 30 days either party may request for
   cancellation to Higher Court, Supreme Court
   (Makamah Agung).
8. MA can cancel the decision within 30 days.
9. 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
• First level of the IC
• Rights dispute
• Employment termination
• 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

79
Dispute Settlement Mechanism by Industrial Court
APPEAL SUPREME COURT
Supreme Court
INTEREST AMONG UNIONS
Industrial Court
Arbitration
Mediation
Conciliation
Interest Among Unions
Rights, Interest, Termination, Among Unions
Interest, Termination, Among Unions
No Consensus
Bipartite / Negotiation For Consensus

Company / Management
Dispute
TERMINATION, RIGHTS, INTEREST, AMONG UNIONS
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

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

82
Industrial Court - Procedure

1. Not present as per point 12, Board of Judges may
   make decision without the presence of the
   defendant.
2. Court opened for public, except Board of Judges
   decide otherwise.
3. In the first court, the company found not
   conforming to Act 13/2003, Judge will make
   interim decision on that day.
4. If interim decision not carried out, Chairman of
   Judges may instruct confiscation.

83
Industrial Court - Procedure

• 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
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.

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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

1. Penipuan, pencurian atau penggelapan.
2. Memberikan keterangan palsu.
3. Mabuk, minuman keras, mengedarkan narkotika.
4. Perbuatan asusila.
5. Menyerang, menganiaya.
6. Membujuk melakukan tindakan melawan hukum.
7. Ceroboh atau sengaja merusak.
8. Ceroboh atau sengaja membiarkan teman sekerja
   dalam bahaya kecelakaan kerja.
9. Membocorkan rahasia perusahaan.
10. Melakukan tindakan yang diancam hukuman lebih
    dari 5 tahun.

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Selamat Datang Didunia Human Resources
Development Industrial Relations Management