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Act No. 13 Of 2003

Original Language Title: Undang-Undang Nomor 13 Tahun 2003

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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 labotivities 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.

Section 64
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.

Section 65
(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).

Section 66
(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.

Section 58
(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.

(3) The minimum wage as referred to in paragraph (1) is specified by the Governor with regard to the recommendation of the Provincial Board of Upholding and/or the Regent/Mayor.
(4) The components and execution of the achievement of the achievement of the achievement of living worthy as referred to in paragraph (2) are governed by the Minister's Decision.

Section 90
(1) The businessman is prohibited from paying a lower wage than the minimum wage as rand paragraph (3) are governed by the Ministerial Decision.

Section 79
(1) The employers are required to give respite and leave to workers/labor.
(2) The time of rest and leave is referred to in paragraph (1), including:
a. breaks between working hours, at least half an hour after working for 4 (four) hours and the rest of the hour is not included;
B. weekly rest 1 (one) day for 6 (six) business days in 1 (one) week or 2 (two) days for 5 (five) business days in 1 (one) week;
c. annual leave, at least 12 (twelve) business days after the worker/worker in question work for 12 (twelve) months continuously; and
D. a length of at least two (two) months and is performed in the seventh and eighth year of each (one) month for the worker/labor who has worked for 6 (six) years perpetually at the same company as the provisions of Such workers are no longer entitled to their annual break in 2 (two) years of running and further applies to any six (six) year periods of work.
(3) The implementation of the annual break time as referred to in paragraph (2) of the letter c is set forth in a work agreement, company regulation, or joint work agreement.
(4) The right of rest rest as referred to in paragraph (2) the letter d only applies to workers/workers who work on a particular company.
(5) Certain companies as referred to in paragraph (4) are governed by the Minister ' s Decision.

Section 80
Employers are obliged to give workers a chance to perform services that are required by their religion.

Section 81
(1) Workers/labor women who in haid period feel pain and inform the businessman, not to work on the first and second days of the haid time.
(2) The execution of the provisions as referred to in paragraph (1) is governed in a work agreement, company regulation, or joint work agreement.

Section 82
(One and a half) of the month before giving birth to the children of the month after the birth of the womb or the midwife, and the female, and the female, and the female, and the female, and the female, and the female, and the female,
(2) The female worker/labor miscarriage is entitled to a break of 1.5 (one and a half) months or in accordance with an obstede or bidan letter.

Section 83
Workers/labor women whose children are still suckling should be given the chance to breastfeed her child if it should be done during work time.

Section 84
Any worker/labor that uses a timeout right as referred to in Article 79 of the paragraph (2) letter b, c, and d, Section 80, and Section 82 are entitled to the full wage.

Section 85
(1) Workers/labor are not required to work on official holidays.
(2) Employers may hire workers/labor to work on official holidays if the type and nature of the work must be executed or run on a continuous basis or on other circumstances by agreement between workers with entrepreneurs.
(3) Employers who employ workers/labor who do work on official holidays as referred to in verse (2) are obliged to pay overtime work wages.
(4) The provisions of the type and nature of the job as referred to in paragraph (2) are governed by the Decree of the Minister.

Paragraph 5
Safety and Health Work

Section 86
(1) Each worker/labor has the right to acquire the above protection:
a. safety and work health;
B. morals and decency; and
(c), which is the treatment of men and the dignity of man, and of the value of religion.
(2) To protect worker/labor safety in order to realize the optimal work productivity organized the work safety and health efforts.
(3) The protection as referred to in paragraph (1) and paragraph (2) is executed in accordance with applicable laws.

Section 87
(1) Each company is required to implement an integrated employment and safety management system with the company ' s management system.
(2) The provisions of the application of the health and work health management system as referred to in paragraph (1) are governed by the Government Regulation.

The Second Part
The upgrade

Section 88
(1) Each worker/labor is entitled to an income that meets the livelihood that is worthy of humanity.
(2) To realize the income that meets the livelihood that is worthy of humanity as it is referred to in paragraph (1), the government sets out a policy of upholding that protects workers/labor.
(3) The wage policy that protects workers/labor as referred to in paragraph (2) includes:
a. minimum wage;
B. overtime work wage;
c. wages do not enter work due to snag;
D. wages do not enter work for performing other activities outside of its work;
e. wages for exercising the right of his work break;
f. the form and way of payment of wages;
G. fine and wage cuts;
h. things to be reckoned with wages;
i. structure and scale of the proportionate upholding;
J. wages for severance payments; and
No, A wage for income tax calculations.
(4) The government sets the minimum wage as referred to in paragraph (3) of the letter a based on the need for a viable life and by paying attention to productivity and economic growth.

Section 89
(1) The minimum wage as specified in Section 88 of the paragraph (3) of the letter a may consist of:
a. minimum wage based on provincial or county territory/cota;
B. minimum wage based on sectors on provincial or county/city areas.
(2) The minimum wage (s) as referred to in paragraph (1) is directed to the achievement of a viable life requirement.
(4) The provisions of working time on a particular business or business sector as referred to in paragraph (3) are governed by the Ministerial Decision.

Section 78
(1) The employers who employ the worker/labor exceed the work time as referred to in Article 77 of the paragraph (2) must be eligible:
a. the worker/labor agreement is concerned; and

Section 101.
(1) To improve the welfare of workers/labor, be set up workers/labor cooperatives and productive businesses in the company.
(2) Government, employers, and workers/labor or labor unions/trade unions attempt to grow workers/labor cooperatives, and develop productive endeavour as referred to in verses (1).
(3) The Establishment of the cooperative as referred to in paragraph (1), is exercised in accordance with applicable laws.
(4) The efforts to grow worker/labor cooperatives as referred to in paragraph (2), are governed by the Government Ordinance.

BAB XI
INDUSTRIAL RELATIONS

The Kesatu section
Common

Section 102
(1) In carrying out industrial relations, the government has a function of establishing policies, providing services, carrying out oversight, and making an immediate crackdown on the violation of employment laws.
(2) In carrying out industrial relations, labor and labor unions/trade unions/trade unions have a function of running work in accordance with its obligations, maintaining order for the sake of the survival of, channeling democratic aspirations, develop skills, and expertise and take forward the company and fight for the welfare of members and their families.
(3) In carrying out industrial relations, employers and its business organizations have a function of creating partnerships, developing businesses, expanding workfields, and providing workers/labor welfare openly, democratically, and Justice.

Section 103
Industrial relations are implemented through the means:
a. union/labor union;
B. Entrepreneurs organization;
c. bipartite cooperation institute;
D. tripartite cooperation institution;
e. enterprise regulation;
f. work agreement together;
G. Employment laws; and
h. the institution of solving industrial relations disputes.

The Second Part
The Workers Union/Labor Union

Section 104
(1) Each worker/labor is entitled to form and become a member of the union/labor union.
(2) In carrying out functions as referred to in Article 102, the union/trade union is entitled to assemble and manage finances and account for the organization's finances including strike funds.
(3) The proceeds and the manner of the strike of a strike as referred to in verse (2) are governed in the base budget and/or the household budget of the workers/labor unions concerned.

The Third Part
The Entrepreneur Organization

Section 105
(1) Each businessman is entitled to form and become a member of the organization of employers.
(2) The terms of the organization are governed by the applicable laws.

The Fourth Part
Bipartite Cooperation Agency

Section 106
(1) Any company that employs 50 (fifty) workers/labor or more obliged to form a bipartite cooperation institution.
(2) A bipartite cooperation institution as referred to in paragraph (1) serves as a communication forum, and a consultation on the employment of employment in the company.
(3) The membership of a bipartite cooperation institution as referred to in paragraph (2) consists of an element of businessman and the worker/labor element appointed by the worker/labor democratically to represent the interests of workers/workers in the company Concerned.
(4) The provisions of the manner of the formation and arrangement of the membership of a bipartite cooperation institute as referred to in paragraph (1) and paragraph (3) are governed by the Decree of the Minister.
The Fifth Part
The Tripartite Cooperation Agency

Section 107
(1) The tripartite cooperation institute provides consideration, advice, and opinions to the government and the related parties in the drafting of the policy and solving employment issues.
(2) The Tripartite Cooperation Institute as referred to in paragraph (1), consists of:
a. National Tripartite Cooperation Agency, Province, and Kabupaten/ City; and
B. National Sectoral Tripartite Cooperation Agency, Province, and District/City.
(3) Membership of Tripartite Cooperation Agenes consists of government elements, employers organizations, and unions/labor unions.
(4) The working order and organizational structure of the Tripartite Institute of Cooperation as referred to in paragraph (1) is governed by the Government Regulation.

The Sixth Part
Company Regulation

Section 108.
(1) Employers who employ workers/labor at least 10 (ten) are required to make the laws of the company that go into effect after it is passed by the Minister or the appointed official.
(2) The obligation of making the company regulations as referred to in paragraph (1) does not apply to companies that have shared a joint work agreement.

Section 109
The company ' s regulations are compiled by and be the responsibility of the businessman concerned.

Section 110
(1) The company ' s regulations are compiled with regard to the advice and consideration of the deputy worker/labor in the company concerned.
(2) In terms of the company concerned the labor union/labor union then the deputy worker/labor as referred to in verse (1) is the administrator of the labor union/trade union.
(3) In terms of the company concerned not to form a union/labor union, the deputy worker/labor as referred to in paragraph (1) is a democratically elected worker/labor to represent the interests of the workers/labor in the The company is concerned.

Section 111
(1) The company's rules of at least include:
a. the rights and obligations of employers;
B. the rights and duties of the workers/bad;
c. work terms;
D. Corporate governance; and
e. The term of the company rules.
(2) The provisions of the company ' s regulations should not be contrary to the provisions of the applicable laws.
(3) The term of this Service is two (2) years and is mandatory after the expiration of the term.
(4) During the expiration of the corporate regulations, if the union/trade union in the company intends to negotiate the creation ass="s14"> (1) To improve welfare for workers/labor and their families, employers are obliged to provide welfare facilities.
(2) The preparation of the welfare facility as referred to in paragraph (1), exercised with regard to the needs of the worker/labor and the size of the company ' s ability.
(3) The terms of the type and the criteria of welfare facilities in accordance with the needs of the worker/labor and the size of the company ' s ability as referred to in paragraph (1) and paragraph (2), are governof a joint labor agreement, then employers are obliged to serve.
(5) In the event of a joint labor agreement making talks referred to in paragraph (4) does not reach an agreement, then the company rules remain in effect until the expiration of the term.

Section 112
(1) The unrest of the corporate regulations by the Minister or the appointed official as referred to in Article 108 of the paragraph (1) must have already been granted within the longest 30 (thirtynion, then the notice as referred to in paragraph (2) is signed by a worker/labor representative appointed as coordinator And/or a job-strike charge.
(4) In the event of a labor strike is not as referred to in paragraph (1), then in order to save the company ' s production tools and assets, employers can take temporary action by the way:
a. prohibit workers/labor on strike to be at the site of the production process activities; or
B. when it is deemed necessarjoint work agreement, then the provisions of the work agreement are void for the sake of the law and applicable are provisions in the work agreement Together.

Section 128
In the event of a work agreement does not contain the rules set out in the joint work agreement then the applicable rules are in a joint work agreement.

Section 129
(1) Employers are prohibited from replacing joint employment agreements with corporate regulations, as long as in the company concerned there is still a union/labor union.
(2) In that case in the company no more union/labor unions and joint labor agreements are replaced with corporate regulations, then the provisions of the company regulations should not be lower than the provisions of the Joint work agreement.

Section 130
(1) In the event that the expiring joint work agreement will be extended or renewed and in the company there is only 1 (one) union/labor union, then extension or creation of an agreement renewal co-work does not require a provision in Section 119.
(2) In terms of the expiring joint work agreement will be extended or refurbisted and in the company there is more than 1 (one) union/labor union and trade union/labor union/union that once confer no longer fulfill the provisions of Article 120 of the paragraph (1), then the renewal or renewal of the joint work agreement is carried out by the union/labor union whose members are more 50% (fifty-one hundred) of the number of workers/workers in the the company together with the union/labor union that made the agreement The previous joint work by forming the negotiator team is proportionally.
(3) In the event that the expiring joint work agreement will be extended or renewed and in the company there is more than 1 (one) union/labor union and not a single union/labor union there meets the provisions of Section 120 of the paragraph (1), then the renewal or renewal of the joint work agreement is conducted under the provisions of Article 120 of the paragraph (2) and the paragraph (3).

Section 131
(1) In the event of a dissolution of the labor union/labor union or the transfer of ownership of the company then the joint work agreement remains in effect until the end of the term of the joint work agreement.
(2) In the event of a merger of the company (the merger) and each of the companies having a joint work agreement then the applicable joint work agreement is a joint work agreement which is more profitable for workers/labor.
(3) In the event of a merger between companies that have a mutual agreement with companies that do not have a joint work agreement then such joint work agreement applies to companies that are not able to share the company's existing business relationship with the company. join (merger) up to the end of the joint work agreement term.

Section 132.
(1) The joint work agreement begins to apply on the day of signing unless otherwise specified in the joint work agreement.
(2) A joint work agreement signed by the parties that make the next joint work agreement registered by the businessman on the agency responsible in the field of employment.

Section 133
The provisions of the terms and terms of the making, extension, change, and registration of the joint work agreement are governed by the Ministerial Decision.

Section 134.
In realizing the exercise of the rights and obligations of workers/labor and employers, the government is obliged to carry out the supervision and enforcement of the employment laws.

Section 135
Implementation of employment laws in realizing industrial relations is the responsibility of workers/labor, employers, and governments.

The Eighth Part
The Resolution Resolution Institution
Industrial connection

Paragraph 1
Industrial Relations Dispute

Section 136
(1) The completion of mandatory industrial relations disputes is carried out by employers and workers/labor or labor unions/union deliberations for ascetic mufakat.
(2) In terms of deliberation deliberations for the mufakat as referred to in paragraph (1) is not achieved, then employers and workers/labor or labor unions/labor unions resolve an industrial relations dispute through procedure the resolution of an industrial relations dispute set up with legislation.

Paragraph 2
Strike of Work

Section 137
Labor strikes as basic rights of workers/labor and labor unions/unions are done legally, orderly, and peaceful as a result of the failure of the negotiations.

Section 138.
(1) Workers/labor and/or labor unions/unions who intended to ask other workers/labor for a strike at work on strike were carried out by not breaking the law.
(2) The worker/labor strike as referred to in verse (1), may meet or not meet such solicitation.

Section 139.
The execution of labor strikes for workers who work for companies that serve common interests and/or companies whose types of activities endanger the safety of human souls arranged in such a way that it does not interfere with the common interests of the people. and/or compromise the safety of others.

Section 140
(1) At least 7 (7) business days before the strike is implemented, workers/labor and labor unions/labor unions notify in writing to employers and responsible agencies in the field of employment Local.
(2) Notice as referred to in paragraph (1) at least-contains:
a. time (day, date, and hour) begins and ends on a work strike;
B. work on strike;
c. Reason and causality why it must strike a work strike; and
D. sign of the chairman and secretary and/or respectively the chairman and secretary of the union/labor union as the responsible for the strike of work.
(3) In terms of a labor strike will be performed by workers/labor who are not members of the labor union/labor uull and valid are provisions in the rules It's

Section 125
In the event both parties agree to hold a joint work agreement change, then the change is an inseparable part of the applicable joint work agreement.

Section 126
(1) Employers, trade unions/labor unions and workers/labor are required to carry out the provisions of the joint work agreement.
(2) Employers and labor unions/labor unions are requfamily to the place where workers/labor are accepted to work;
c. housing replacement and treatment and treatment are set 15% (fifteen perhundred) of severance money and/or working-time award money for eligible eligible;
D. other things set forth in the work agreement, corporate regulations or joint employment agreements.
(4) The change of calculation of severance money, the calculation of the money of the time award, and the reimbursed money of the rights as referred to in vetially.
(2) The designation as referred to in verse (1) may be accepted by the institution of the resolution of an industrial relations dispute if it has been negotiated as referred to in Article 151 of the paragraph (2).
(3) Reaching of the termination of the labor relationship may only be granted by the resolution of an industrial relations dispute if it turns out to decide the working relationship has been negotiated, but the negotiations are not A deal.

Section 153
(1) Employers are prohibited from severing work relations with reason:
a. worker/labor impediments to work due to illness according to the doctor's description for as long as not beyond 12 (twelve) months continually;
B. worker/labor impediments to work due to fulfilling obligations against the country in accordance with the provisions of the applicable laws;
C. worker/laborers perform his religious command worship;
D. work/laborers are married;
e. Labor/labor of pregnant women, childbirth, fall content, or breastfeeding the baby;
f. worker/labor has a blood pertality and/or marital bond with other workers in one company, unless it has been set up in a working agreement, company regulation, or joint employment agreement;
G. worker/labor establish, become a member and/or union/labor union, workers/labor union activities/labor union activities outside of work hours, or within hours of employment of a business agreement, or under the terms of the business. set up in a working agreement, company regulation, or joint working agreement;
h. workers who complain to the people who are committed to the actions of a businessman who committed a crime;
i. due to differences in understanding, religion, political flow, tribe, skin color, class, gender, physical condition, or marital status;
J. Labor/labor in a state of disability remains, ill from a work accident, or ill due to a working relationship that according to the doctor's letter of time the recovery time has not yet been confirmed.
(2) The termination of the work relationship that is performed on the grounds as referred to in paragraph (1) is null and void by law and employers are required to rehire the worker/labor concerned.

Section 154
The designation as referred to in Article 151 of the paragraph (3) is not required in regards to:
a. worker/labor is still in the working trial period, when it has been required in writing before;
B. worker/labor submit a request for resignation, in writing of its own will without any indication of the pressure/bullying of the businessman, the end of the working relationship in accordance with a particular time work agreement for the first time;
C. Labor/labor reaches retirement age in accordance with the provisions of the work agreement, corporate regulations, joint labor agreements, or the laws of law; or
D. The workers died.

Section 155.
(1) The termination of the working relationship without designation as referred to in Article 151 paragraph (3) void by law.
(2) As long as the ruling of the institution of the resolution of an industrial relationship has not been established, neither the businessman nor the worker/labor must remain in all its obligations.
(3) Employers may deviate against the provisions as referred to in verse (2) as a suspension of workers/labor in the process of severing the relationship with the need to pay wages and other rights Used to be employed by labor.

Section 156
(1) In the event of a termination of the working relationship, employers are required to pay severance money and or money of the time award and the reimbursed money that is supposed to be accepted.
(2) The calculation of the severance money as referred to in paragraph (1) is least as follows
a. work time less than 1 (one) year, 1 (one) month of wages;
B. Workday 1 (one) year or more but less than 2 (two) years, 2 (two) months of wages;
c. worktime 2 (two) years or more but less than 3 (three) years, 3 (three) month wages;
D. Worktime 3 (three) years or more but less than 4 (four) years, 4 (four) month wages;
e. Workday 4 (four) years or more but less than 5 (five) years, 5 (five) months of wages;
f. 5 (5) years or more, but less than 6 (six) years, 6 (six) months of wages;
G. Worktime 6 (six) years or more but less than 7 (seven) years, 7 (seven) month wages.
h. Workday 7 (seven) years or more but less than 8 (eight) years, 8 (eight) months of wages;
i. 8 (eight) years or more, 9 (nine) months of wages.
(2) The calculation of the work of the time award as referred to in paragraph (1) is set forth as follows:
a. Worktime 3 (three) years or more but less than 6 (six) years, 2 (two) month wages;
B. Workday 6 (six) years or more but less than 9 (nine) years, 3 (three) month wages;
c. worktimes 9 (nine) years or more but less than 12 (twelve) years, 4 (four) month wages;
D. work 12 (twelve) years or more but less than 15 (fifteen) years, 5 (five) months of wages;
e. 15 (15) years of work or more but less than 18 (eighteen) years, 6 (six) months of wages;
f. Employment 18 (eighteen) years or more but less than 21 (twenty-one) years, 7 (seven) month wages;
G. Workday 21 (twenty-one) years or more but less than 24 (twenty-four) years, 8 (eight) months of wages;
h. work time 24 (twenty-four) years or more, 10 (ten) the month of wages.
(3) The reimbursed money of the right to be accepted as referred to in paragraph (1) includes:
a. Untaken and undead annual leave;
B. expenses or return fare for workers/labor and his text-align: center;"> Section 151
(1) Employers, workers, unions, labor unions, and governments, with all efforts having to try not to happen at the severing of labor relations.
(2) In terms of all efforts have been made, but the severing of work relations is inevitable, then the termination of the labor relationship is to be negotiated by employers and trade unions/labor unions or by workers/labor if the worker/labor In question are not members of the union/trade union.
(3) In rse (2), paragraph (3), and paragraph (4) is established with the Government Regulation.

Section 157
(1) The wage components used as the basis of calculation of severance money, the money of the time award, and the replacement money of the right that are supposed to be received are pending, consisting of:
a. staple wage;
B. All kinds of permanent benefits that are given to workers and their families, including the purchase price of the one that is given to workers/labor for free, which, if one should be paid the worker/labor by subsidy, the worker is paid for free. then as wages are considered the difference between the price of purchase at the price of the worker/labor.
(2) In terms of the income of the worker/labor paid on the basis of daily calculations, then a month 's earnings are equal to 30 times the day' s earnings.
(3) In terms of worker's wages/labor is paid on the basis of the calculation of a unit of results, cuts or commissions, then earning a day is equal to the average income per day for the last 12 (twelve) months, provided that no provision is permitted. less than the minimum wage provisions of the province or district/city.
(4) In terms of employment depending on the state of weather and its wages are based on the borongan wage, then the calculation of the month ' s wages is calculated from the average wage of 12 (twelve) last month.

Article 158.
(1) Employers can decide on working relationships against workers/labor on the grounds of workers/labor has committed a grave mistake as follows:
a. conduct fraud, theft, or embezzlement of the goods and/or money owned by the company;
B. provide a false or falsified description that harms the company;
C. drunk, drinking intoxicating liquor, wearing and/or releasing narcotics, psychotropic, and other addictive substances in the working environment;
D. doing asusila or gambling work in the working environment;
e. attack, persecute, threaten, or intimidate a workmate or entrepreneur in the working environment;
f. Persuading workmates or businessmen to commit acts that are contrary to the laws of the laws;
G. recklessly or intentionally damaging or allowing in a state of harm to the company ' s goods that pose a loss for the company;
h. Careless or intentionally letting a friend or businessman in a state of danger at work;
i. unload or leak the company ' s secrets that should be kept secret except for the benefit of the country; or
J. commit other acts in a corporate environment that is threatened by prison criminal 5 (five) years or more.
(2) The grave error as referred to in paragraph (1) must be supported with the proof as follows:
a. worker/labor caught hand;
B. there is a recognition of the worker/labor concerned; or
c. Other evidence is a report of events made by the authorities in the company concerned and supported by at least 2 (two) witnesses.
(3) Workers/labor who are distrauted by their relationship based on the grounds referred to in paragraph (1), may obtain the reimbursed money as referred to in Article 156 of the paragraph (4).
(4) For the work/labor as referred to in paragraph (1) whose duties and functions do not represent the interests of the businessman directly, in addition to the reimbursed money in accordance with the provisions of Article 156 of the paragraph (4) is given its large separation of money and Its implementation is set up in a working agreement, corporate regulation, or a joint working agreement.

Section 159
If the worker/labor does not accept the termination of the working relationship as referred to in Article 158 of the paragraph (1), the workers in question may file a lawsuit against the industrial relations dispute resolution institution.

Section 160
(1) In terms of labor/labor are detained by the authorities for allegedly committing a crime not to the complaint of the businessman, then employers are not required to pay wages but are obliged to provide assistance to the working/labor families who are being its dependents with the following conditions:
a. for 1 (one) dependents: 25% (twenty-five perhundred) of wages;
B. for 2 (two) dependants: 35% (thirty-five perhundred) of wages;
c. for 3 (three) persons dependants: 45% (forty-five perhundred) of wages;
D. for 4 (four) people dependants or more: 50% (fifty-one hundred) of wages.
(2) The assistance as referred to in paragraph (1) is given for the longest 6 (six) taxable month since the first day of the worker/labor is detained by the authorities.
(3) The businessman may perform the termination of a working relationship against the worker/labor who after 6 (six) months cannot perform the job as it should be because in the criminal proceedings as referred to in verse (1).
(4) In which case the court decides the criminal case before the term 6 (six) months as referred to in paragraph (3) ends and the worker/labor is found not guilty, then employers are required to employ workers/labor again.
(5) In which case the court decides the criminal case before the period 6 (six) months end and the worker/labor is found guilty, then the businessman can perform the severing of the working relationship to the worker/labor concerned.
(6) The termination of the working relationship as referred to in paragraph (3) and paragraph (5) is carried out without the designation of an industrial relationship dispute resolution.
(7) The employers are required to pay to workers/labor who experience the termination of the work relationship as referred to in paragraph (3) and paragraph (5), the money of the time award 1 (one) times the provisions of Article 156 paragraph (3) and the reimbursed money of the rights under the terms of the law. in Article 156 paragraph (4).

Section 161
(1) In terms of workers/labor committing violations of the provisions set out in the employment agreement, corporate regulations or joint employment agreements, employers may perform termination of the working relationship, after the worker/labor is concerned was given the first, second, and third warning letters in a row.
(2) The warning letter referred to in paragraph (1) each applies to the longest 6 (six) months, unless otherwise specified in a work agreement, company regulation or joint work agreement.
(3) Workers/labor who experience the termination of a working relent Into Law (State Sheet Of 2000 Number 240, Additional Gazette State Number 4042),
declared no longer valid.

Section 193
This law goes into effect on the promulgated date.

In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

Passed in Jakarta
on March 25, 2003
PRESIDENT OF THE REPUBLIC OF INDONESIA,

MEGAWATI SOEKARNOPUTRI
(3) In the case of the businessman being declared not doing the deed in verse (1) by the institution of the settlement disputes the industrial relations then employers may perform a termination of the working relationship without the establishment of a settlement institution Industrial relations disputes and concerned workers are not entitled to severance money under the provisions of Article 156 paragraph (2), and the money of the work award under the provisions of Article 156 paragraph (3).

Section 170
The termination of the work relationship did not meet the provisions of Article 151 of the paragraph (3) and Article 168, except Article 158 of the paragraph (1), Article 160 of paragraph (3), Article 162, and Article 169 void by law and employers are required to employ workers/workers who are not eligible to use the same laws and labor laws. concerned as well as paying the entire wage and the right that is supposed to be accepted.

Section 171
Workers/workers who experience the severing of labor without the establishment of the institution of the completion of an important industrial relationship dispute as referred to in Article 158 of the paragraph (1), Article 160 of the verse (3), and Article 162, and of the worker/labor Unable to accept the termination of the working relationship, then worker/labor may file a lawsuit to the institution of the resolution of an industrial relationship dispute within the longest time of 1 (one) year since the date of the termination of the relationship Work.

Section 172
Worker/labor who has prolonged illness, is disabled by a work accident and cannot do his job after surpassing 12 (twelve) months can apply for severance of a working relationship and given severance money 2 (two) the provisions of Article 156 paragraph (2), the monetary award of the term 2 (two) times the provisions of Article 156 paragraph (3), and the replacement money of right 1 (one) times the provisions of Article 156 paragraph (4).

BAB XIII
COACHING

Section 173
(1) The government conducts coaching on the elements and activities related to employment.
(2) Coaching as referred to in paragraph (1), may include the organization of entrepreneurs, trade unions/labor unions, and related profession organizations.
(3) Coaching as referred to in paragraph (1), and paragraph (2), exercised in a unified and coordinated process.

Section 174
In the framework of employment coaching, government, employers organizations, labor unions/labor unions and related profession organizations can conduct international cooperation in the field of employment in accordance with the laws of the country. apply.

Section 175
(1) The Government may reward people or agencies who have been credited with in the coaching of employment.
(2) The award as referred to in paragraph (1) may be provided in the form of a charter, money, and/or other form.

BAB XIV
SUPERVISION

Section 176
Employment supervision is performed by a competency and an independent job supervisor to ensure the execution of employment laws.

Section 177
The employment watchdog as referred to in Article 176 is set by the Minister or the appointed official.

Section 178
(1) Employment supervision is exercised by its own work unit on the agency whose scope of duty and responsibility in the field of employment in the central government, provincial government, and county/city government.
(2) The implementation of the employment supervision as referred to in paragraph (1) is governed by the Presidential Decree.

Section 179
(1) Employment supervision unit as referred to in Article 178 of the provincial government and the county/city government is required to submit a report on the implementation of employment supervision to the Minister.
(2) The order of delivery of the report as referred to in paragraph (1) is specified with the Ministerial Decision.

Section 180
The provisions of the terms of appointment, rights and obligations, as well as the authority of the employment watchdog as referred to in Section 176 in accordance with applicable law.

Section 181
Employment supervisors officer in performing his duties as referred to in Article 176 mandatory:
a. Keeping secrets of everything according to its nature is classified;
B. not to misuse his authority.

BAB XV
INQUIRY

Section 182
(1) In addition to the investigator of the State Police officials of the Republic of Indonesia, also to the employment watchdog can be given special authority as an investigator of civil servants in accordance with applicable laws.
(2) Civil Servant Investigator as referred to in paragraph (1) authorized:
a. Conduct an examination of the truth of the report and the description of the criminal conduct in the field of work;
B. conduct an examination of the person suspected of committing a criminal offence in the field of employment;
c. requesting the information and evidence materials of persons or legal entities in connection with the criminal conduct in the field of employment;
D. Conduct a trial or seizure of material or evidence in a criminal case in the field of work;
e. conduct an examination of mail and/or other documents on criminal conduct in the field of employment;
f. ask for expert power in order to perform criminal investigation duties in the employment field; and
G. Stopping the investigation if there is not enough evidence to prove a felony in the field of employment.
(3) The authority of the civil servant investigator as referred to in paragraph (2) is exercised in accordance with applicable law.

BAB XVI
CRIMINAL PROVISIONS AND
ADMINISTRATIVE SANCTION

The First Part
The Criminal provisions

Section 183
(1) Whoever breaches the provisions as referred to in Article 74, subject to the shortest prison penal sanction 2 (two) years and longest 5 (five) years and/or fines at least Rp 200,000.00 (two hundred million rupiah) and most a lot of Rp 500,000.00 (five hundred million rupiah).
(2) v>
Promulgated in Jakarta
on March 25, 2003
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,

BAMBANG KESOWO