on employment issues whose members consist of an element of the organization of entrepreneurs, trade unions/trade unions, and governments.
20. The company ' s rules are regulations made in writing by employers in terms of corporate governance and regulatory requirements.
21 Joint Working Agreement is the agreement that is the result of a negotiation between a labor union/labor union or some labor union/labor union noted on the agency responsible in the field of employment with A businessman, or a number of entrepreneurs or entrepreneurs who have a condition of working, both parties ' rights and obligations.
22. Industrial relations dispute is the difference of opinion that results in a disagreement between employers or a combination of businessmen with workers/labor or labor unions/labor unions because of disputes over rights, discord interest, and the severing of labor relations and disputes between trade unions/labor unions in only one company.
23. Mogok work is an act of workers/labor planned and executed jointly and/or by unions/labor unions to stop or slow down work.
24. Closing out the company (lock out) is an act of employers to reject workers/labor entirely or in part to run a job.
25. The termination of the working relationship is the termination of the working relationship due to a certain extent that resulted in the end of the rights and obligations between workers/workers and employers.
26. Children are every person under 18 (eighteen) years old.
27. Noon is the time between 06:00 until 6.00.
28. 1 (one) day is a time for 24 (twenty-four) hours.
29. A week is a time for 7 (seven) days.
30. Upah is a worker ' s right to be received and expressed in the form of money in return of a businessman or a worker to the specified worker/labor and is paid according to a work agreement, agreement, or regulation laws, including benefits for workers/workers and their families for a job and/or services that have been or will be performed.
31. Business/labor welfare is a fulfillment of the needs and/or purposes that are physical and spiritual, both within and outside of the working relationship, directly or indirectly able to increase the productivity of work in the Safe and healthy work environment.
32. Employment supervision is an eye-keeping activity and enforcing the implementation of laws in the field of employment.
33. The Minister is the responsible minister in the field of employment.
BAB II
CORNERSTONE, ASAS, AND PURPOSE
Section 2
The construction of employment was based on Pancasila and the Constitution of the Republic of Indonesia in 1945.
Section 3
Employment development is organized over alloting asas with through central sectoral functional coordination and regions.
Section 4
Employment development aims:
a. empowering and underlying workforce optimally and humane;
B. Embodied the structuring of job opportunities and the provision of labor in accordance with the needs of national and regional development;
c. provide protection to the workforce in realizing welfare; and
D. improving the welfare of its workforce and its family.
BAB III
THE SAME OPPORTUNITY AND TREATMENT
Section 5
Every workforce has the same opportunity without discrimination to acquire a job.
Section 6
Each worker/labor is entitled to the same treatment without discrimination from employers.
BAB IV
WORKFORCE PLANNING AND
EMPLOYMENT INFORMATION
Section 7
(1) In the framework of employment development, the government sets out policies and sets up workforce planning.
(2) Working power planning includes:
a. macro workspace planning; and
B. Micro-workforce planning.
(3) In the drafting of policies, strategies, and implementation of a continuous employment development program, the government must be guidelines on labor planning as referred to in paragraph (1).
Section 8
(1) The workforce planning is compiled on the basis of employment information that among others includes:
a. residents and labor;
B. work opportunity;
c. Work training including job competencies;
D. workforce productivity;
e. industrial connection;
f. working environment conditions;
G. Workforce welfare and welfare; and
h. Workforce social security.
(2) Employment information as referred to in paragraph (1), obtained from all related parties, both government and private agencies.
(3) The provisions of how to obtain employment information and the drafting and execution of labor planning as referred to in paragraph (1) are governed by
Government Regulation.
BAB V
WORK TRAINING
Section 9
Work training is organized and geared towards improving, improving, and developing work competencies to improve ability, productivity, and well-being.
Section 10
(1) Work training is exercised with regard to the needs of the work market and the business world, both within and outside of the working relationship.
(2) Work training is organized based on a training program that refers to the standard of job competencies.
(3) Work training may be performed in a single level.
(4) The terms of the standard set up of the job competency framework as referred to in paragraph (2) are governed by the Ministerial Decree.
Section 11
Each workforce is entitled to obtain and/or enhance and/or develop a work competency in accordance with the talent, interest, and ability through work training.
Section 12
(1) The Employers are responsible for the improvement and/or the development of its workers ' competency through work training.
(2) The improvement and/or development of the competency as referred to in paragraph (1) is required ford/or a business that is based on the role of Pancasila and the government. The Basic Law of the Republic of Indonesia in 1945.
17. Union workers/labor unions are organizations formed of, by, and for workers/labor both in the company and outside the company, which is free, open, independent, democratic, and responsible for fighting, defending. and protect the rights and interests of the worker/labor as well as improve the welfare of workers/labor and his family.
18. The bipartite cooperation institute is a communications and consulting forum on matters related to industrial relations in one company whose members are composed of employers and unions/labor unions that have already recorded agencies who is responsible for employment or labor/labor elements.
19. Tripartite cooperation institute is a forum of communication, consulting and deliberation employers who meet the requirements set up with the Minister ' s Decision.
(3) Each worker/labor has the same opportunity to follow the work training in accordance with the field of duty.
Section 13
(1) Working training is organized by a government work training institute and/or private work training institute.
(2) Work training may be hosted at a training site or workplace.
(3) The government work traininicy as well as conduct work-training coordination and the establishment of a national work training coordination institution.
(2) The formation, membership, and work of the work-training coordination institute as referred to in paragraph (1), is governed by the Presidential Decree.
Section 29
(1) The Central Government and/or the Local Government conducting job training coaching and agroasting.
(2) The coaching of job training and exposure is aimed towards improving the relevance, quality, and efficiency of the hosting of work training and productivity.
(3) The increased productivity as referred to in verse (2), carried out through the development of productive culture, work ethos, technology, and efficiency of economic activity, towards the form of national productivity.
Section 30
(1) To increase productivity as referred to in Article 29 paragraph (2) is formed a national-level productivity institution.
(2) The productivity institution as referred to in paragraph (1) is the institutional network of increased productivity services, which is cross-sector and regional.
(3) The Establishment, membership, and work of the national productivity institute as referred to in paragraph (1), is governed by the Presidential Decree.
BAB VI
WORKFORCE PLACEMENT
Section 31
Each workforce has the same rights and opportunities to choose, gain, or move jobs and obtain a viable income inside or abroad.
Section 32
(1) The placement of the workforce is executed based on open, free, objective, and fair asas, and is equivalent to no discrimination.
(2) The workforce placement is directed to place the workforce in appropriate positions according to the expertise, skills, talent, interest, and ability with regard to harkat, dignity, rights, and legal protection.
(3) The placement of the workforce is exercised with regard to the performance of employment opportunities and the provision of labor in accordance with the needs of national and regional programs.
Article 33
The workforce placement consists of:
a. Workforce placement within the country; and
B. Workforce placement abroad.
Section 34
The provisions of the overseas workforce placement as referred to in Article 33 of the letter b are governed by law.
Section 35
(1) The workforce that requires the workforce can recruit their own workforces needed or through the workforce placement.
(2) The work of the workforce placement as referred to in paragraph (1) is required to provide protection since the recruitment until the workforce placement
(3) Work-making as referred to in paragraph (1) in the employ of the mandatory labor providing protection that includes well-being, safety, and health both mental and physical labor.
Section 36
(1) The workforce placement by executors as referred to in Article 35 paragraph (1) is done by providing a workforce placement service.
(2) The labor placement service as referred to in paragraph (1) is integrated in one labor placement system that includes elements:
a. job seeker;
B. job opening;
c. work market information;
D. interwork mechanism; and
e. workforce placement institutional.
(3) The elements of the labor placement system as referred to in paragraph (2) may be executed separately which is intended for the form of a workforce placement.
Section 37
(1) The work of the workforce placement as referred to in Article 35 of the paragraph (1) consists of:
a. Government agencies are responsible in the field of employment; and
B. Private institution of the law.
(2) Private labor placement agencies as referred to in paragraph (1) letter b in carrying out mandatory labor placement services have a written permission of the Minister or the designated officer.
Section 38
(1) The work of the workforce placement as referred to in Article 37 of the paragraph (1) letter a, is prohibited from collecting placement fees, either directly or indirectly, in part or whole to the workforce and the workforce user.
(2) The private workforce placement agency as referred to in Article 37 of the paragraph (1) letter b, may only charge the labor placement fee of the labor user and from the working class and office workforce.
(3) The ruling and post as referred to in paragraph (2) is set with the Minister ' s Decision.
BAB VII
EXPANSION OF JOB OPPORTUNITIES
Section 39
(1) The government is responsible for the expansion of job opportunities both within and outside of the working relationship.
(2) The government and the public together sought the expansion of job opportunities both inside and outside of the working relationship.
(3) All government policies both central and regional in each sector are directed to realize the expansion of job opportunities both inside and outside of working relationships.
(4) Financial institutions both banking and non-banking, and the business world needs to help and provide ease for any community activity that can create or develop the expansion of job opportunities.
Section 40
(1) The expansion of job opportunities beyond the working relationship is done through the creation of productive and sustainable activities by underlying potential natural resources, human resources and appropriate technology.
(2) Creation of an expansion of work opportunities as referred to in paragraph (1) is conducted with the pattern of establishing and coaching of self-workforce, the application of a solid system of work, the application of the appropriate technology, and the voluntary workforce of the workforce. or any other pattern that could drive the creation of a job opportunity expansion.
Section 41
(1) The Government sets out its employment policy and the expansion of employment opportunities.
(2) The Government and the public together oversee the implementation of the policy as referred to in paragraph (1).
(3) In carrying out the task as referred to in verse (2) may be formed by a coordination body composed of elements of the ferred to in paragraph (1).
Section 27
(1) The Minister may require it to companies that meet the requirements for carrying out the spawning program.
(2) In setting the requirements as referred to in paragraph (1), the Minister must pay attention to the interests of the company, the public, and the country.
Section 28
(1) To provide advice and consideration in the designation of polgovernment and of the elements of society.
(4) The provisions of the expansion of employment opportunities, and the establishment of coordination bodies as referred to in Article 39, Section 40, and paragraph (3) in this section are governed by the Government Regulation.
BAB VIII
THE USE OF FOREIGN LABOUR
Section 42
(1) Any employers who employ a foreign workforce are required to have a written permission of the Minister or an appointed official.
(2) The employment of individuals is prohibited from hiring foreign labor.
(3) The obligation of having a permit as referred to in paragraph (1), does not apply to a foreign country representative who uses foreign labour as a diplomatic and consular officer.
(4) Foreign labo tivities that is not directly related to the production process.
(2) The worker/labor service provider for support services or activities that is not directly related to the production process must be eligible as follows:
a. the existence of a working relationship between worker/labor and the worker/labour services company;
B. the work agreement that applies in a working relationship as referred to in the letter a is a working agreement for a particular time thed to new products, new activities, or additional products that are still in experiment or rejuvenation.
(2) The work agreement for a given time cannot be held for a fixed job.
(3) The work agreement for a given time may be extended or refurbisted.
(4) A specific time-work agreement based on a particular term may be held for at least 2 (two) years and may only be extended 1 (one) times for the longest term of 1 (one) year.
(5) Employers who intend to extend the term of this particular time of work, seven (seven) days prior to the end of the date of work, end up notifying the meaning in writing to the worker/labor concerned.
(6) The renewal of a particular time work agreement may only be held after exceeding the term of 30 (thirty) days of expiration of a long time work agreement, the renewal of this particular time work agreement may only be done 1 (one) times and at most 2 (two) years.
(7) The work agreement for a given time does not meet the provisions as referred to in paragraph (1), paragraph (2), paragraph (4), paragraph (5), and paragraph (6) then for the sake of law into a time-work agreement is not certain.
(8) Other things that have not been set up in this Article shall be further set up by the Ministerial Decree.
Section 60
(1) The work agreement for a given time may require the longest working trial period of 3 (three) months.
(2) In the working trial period as referred to in paragraph (1), employers are prohibited from paying wages below the applicable minimum wage.
Section 61
(1) The work agreement ends if:
a. the dead workers of the world;
B. the end of the work agreement term;
c. The existence of a court ruling and/or the ruling or establishment of the institution of the resolution of an industrial relationship dispute that has had the power of the law fixed; or
D. Certain circumstances or events are set forth in the employment agreement, corporate regulation, or joint work agreement which may result in the end of the working relationship.
(2) The work agreement does not end due to the death of the businessman or the return of the rights to the company caused by the sale, inheritance, or grant.
(3) In the event of a corporate diversion then the rights of workers/labor become the responsibility of new employers, unless otherwise specified in a diversion agreement that does not reduce workers ' rights.
(4) In terms of employers, individual persons, passing away, employers ' heirs can terminate the employment agreement after negotiating with the workers/labor.
(5) In the event of a worker/labor death, the worker's heir is entitled to obtain its rights in accordance with applicable law or the nature that has been set up in a work agreement, corporate regulation, or agreement. work together.
Section 62
If either party terminates the relationship before the end of the term specified in a particular time work agreement, or the termination of the work relationship is not due to the provision referred to in Section 61 of the paragraph (1), the party. An end of the term of the IBM Cloud Service is subject to the terms of the IBM International Agreement for the Cloud Service.
Section 63
(1) In the event of a specific time labor agreement is made orally, then employers are required to create a letter of appointment for the worker/labor concerned.
(2) The Letter of Appointment as referred to in paragraph (1), at least the lack of the caption:
a. name and work address/bad;
B. date start to work;
c. type of work; and
D. the magnitude of wages.
The Company may submit a portion of the performance of the work to other companies through a written employment or worker/labor service agreement made in writing.
(1) Surrender of part of the job execution to another company is exercised through a written work-making agreement.
(2) The work that may be submitted to another company as referred to in paragraph (1) must meet the following terms:
a. performed separately from the main activities;
B. performed with direct or indirect commands from the employers;
c. is the overall company support activity; and
D. does not inhibit the production process directly.
(3) Other companies as referred to in paragraph (1) must be legal entities.
(4) The work protection and the working terms for workers/labor on other companies as referred to in paragraph (2) at least equal to the work protection and the working terms of the work-giving company or in accordance with the the applicable laws.
(5) The change and/or addition of the terms as referred to in paragraph (2) are further governed by the Minister's Decision.
(6) The work relationship in the execution of the work as referred to in paragraph (1) is governed in a work agreement in writing between the other companies and the worker/labor he employed.
(7) The working relationship referred to in paragraph (6) may be based upon a specific time work agreement or a specific time work agreement if it meets the requirements as referred to in Article 59.
(8) In terms of provisions as referred to in paragraph (2) and paragraph (3) are not met, then for the sake of labor/labor relationship status law with the receiving company switching to a labor/labor relationship with the company of the provider work.
(9) In the event of a working relationship turning to a job-giving company as referred to in paragraph (8), then worker/labor relationships with the employers in accordance with the work relationship as referred to in paragraph (7).
(1) Workers/labor of a worker/labor service provider shall not be used by employers to carry out basic activities or activities directly related to the production process, except for the activities of support services or acs14">
(3) In terms of the work agreement is made in Indonesian and foreign languages, if then there is a difference of interpretation between the two, then the applicable work agreement is made in Indonesian.
(1) The work agreement for a given time cannot require a work trial period.
(2) In the event of a work trial period in the agreement of work referred to in paragraph (1), the work trial period required is null and void.