UU 13 TH 2003 Dalam Bahasa Inggris

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 13 YEAR 2003 ABOUT EMPLOYMENT

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:
a. that national development carried out within the framework of human development
Indonesia wholly and entirely to the development of Indonesian society
to realize a prosperous society, just, prosperous, equitable, both materially
and spiritually based on Pancasila and the Constitution of the Republic
Indonesia Year 1945;
b. that in the implementation of national development, labor has a role
and position are very important as an actor and development objectives;
c. that in accordance with the role and position of labor, required construction
manpower to improve the quality of labor and peransertanya in
development and enhancing the protection of employees and their families in accordance
with the dignity of humanity;
d. that the protection of workers is intended to guarantee rights
workers' basic and ensure equal opportunity and treatment without
discrimination on any ground in order to realize the welfare of workers and
family with due regard to the development progress of the business world;
e. that some laws in manpower are considered not
longer suitable to the needs and demands of manpower development, therefore
that need to be removed and / or revoked;
f. that based on the considerations mentioned in letter a, b, c, d, and e
necessary to enact legislation on Employment;

Given:
Article 5 paragraph (1), Article 20 paragraph (2), Article 27 paragraph (2), Article 28 and Article 33 paragraph (1)
Constitution of the Republic of Indonesia Year 1945;
By mutual agreement between

HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
AND
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Setting:
LAW ON EMPLOYMENT.
CHAPTER I
GENERAL PROVISIONS

Article 1

In this law the following meanings:
1. Labor is all things relating to labor at the time
before, during, and after years of service.
2. Every person workforce is capable of doing the work order
produce goods and / or services either to meet their own needs as well as
to the public.
3. Unions are every person who works with pay or benefits
in other forms.
4. The employer is an individual, entrepreneur, legal entities, or agencies
employ other workers by paying wages or compensation in
other forms.
5. Employers are:
a. individual, association, or corporation that operates a
companies they own;
b. An individual, partnership or legal entity that independently
run the company;
c. individual, association, or corporation who is in Indonesia
represent the company referred to in paragraphs a and b are
domiciled outside the territory of Indonesia.
6. The company is:
a. Every form of business incorporated or not, owned by an individual,
owned by a partnership or a legal entity, either private or belong to
state which employs the workers by paying wages or benefits
in other forms;
b. social enterprises and other businesses that have a board and
hire someone else to pay wages or compensation in the form
other.
7. Manpower planning is the process of manpower planning
systematic basis and reference for the formulation of policies, strategies, and
implementation of sustainable employment development program.
8. Manpower information is combined, the circuit, and the data analysis
shaped figure that has been processed, manuscripts and documents that have meaning, value
and specific meanings of employment.
9. Job training is the entire event for the giving, obtaining,
enhance, and develop job competency, productivity, discipline, attitude,
and work ethic at a certain level of skill and expertise with appropriate levels
and qualifications of office or employment.
10. Professional competency is the capability of each individual that includes aspects
knowledge, skills and attitudes that work in accordance with the standards
determined.
11. Apprenticeship is part of an organized system of job training in
integrated between training in training institutions by working directly in
Under the guidance and supervision of an instructor or workers who are more
experienced, in the process of production of goods and / or services in an enterprise in
order to master a particular skill or trade.
12. Service employment is an activity to bring together energy
working with employers, so workers can get jobs
according to their talents, interests and abilities, and the employer can obtain
labor according to his needs.
13. Foreign workers are foreign citizens the visa holder to work
in the territory of Indonesia.
14. A work agreement is an agreement between the workers with employers or
employer which includes the terms conditions of employment, rights and obligations of the parties.
15. The working relationship is the relationship between employers with workers on the basis
employment agreement, which has elements of jobs, wages, and commands.
16. Industrial relations is a system of relations that exists between the actors
in the process of production of goods and / or services, which consist of representatives from employers,
workers, and government based on the values of Pancasila and the Constitution
Constitution of the Republic of Indonesia Year 1945.
17. A trade union / trade union is an organization that was formed from, by, and for
workers in both the enterprise and outside the company, which is free,
open, independent, democratic, and responsible in order to strive,
defend and protect the rights and interests of workers and improve
welfare workers and their families.
18. Bipartite cooperation institution is a communication and consultation about the things
relating to industrial relations in an enterprise whose members
composed of employers and trade unions that have been listed agencies
responsible for manpower affairs or workers.
19. Institute for tripartite cooperation is a forum for communication, consultation and deliberation
about labor problems whose members consist of representatives from organizations
employers, trade unions, and government.
20. Company regulations are regulations made in writing by the employer
which contains the terms and conditions of employment rules of the company.
21. Collective labor agreement is an agreement which is the result of negotiations between
trade unions or some trade unions registered
the agency responsible for labor affairs with the entrepreneur,
or more employers or employers' associations that includes the terms conditions
employment, rights and obligations of both parties.
22. Industrial dispute is a difference of opinion which resulted in
conflict between employers or joint employers with workers or
trade unions because of disputes about rights, dispute
interests, and termination of employment disputes and disputes between
trade unions within one company.
23. The strike is the act of workers who planned and carried out
jointly and / or by trade unions to stop
or slow down the job.
24. Closure of the company (lock out) is the act of an employer to refuse
union in whole or part to perform the job.
25. Termination of employment is the termination of employment for any reason
which resulted in termination of certain rights and obligations between workers and
entrepreneurs.
26. Child is any person who is under 18 (eighteen) years.
27. Day is a time between 06.00 am to 18.00.
28. 1 (one) day is the time for 24 (twenty four) hours.
29. A week is a period of 7 (seven) days.
30. Wages are the rights of workers who accepted and expressed in terms of money
as compensation from the employer or the employer to workers who
determined and paid under an employment agreement, agreements, or regulations
statutory regulations, including allowances for workers and their families over
a job and / or services that have been or will be done.
31. Welfare workers are a fulfillment of the needs and / or purposes
who are physically and spiritually, both inside and outside the employment relationship,
which directly or indirectly enhance work productivity
in a working environment that is safe and healthy.
32. Control of labor is the activity monitor and enforce
implementation of the laws and regulations in the field of labor.
33. Minister is the minister responsible for labor affairs.

CHAPTER II
BASIS, PRINCIPLES, AND OBJECTIVES

Article 2

Development of employment based on Pancasila and the Constitution State
Republic of Indonesia Year 1945.

Article 3

Construction employment held on the principle of integration through
Functional cross-sectoral coordination center and the regions.

Article 4

Manpower development aims:
a. empower and optimally utilize manpower and humane;
b. achieve equality of employment opportunities and provision of appropriate manpower
with the needs of national and regional development;
c. provide protection to the work force in creating prosperity, and
d. improve the welfare of employees and their families.

CHAPTER III
OPPORTUNITY AND TREATMENT OF THE SAME

Article 5

Each of the workers have equal opportunity without discrimination to
get a job.

Article 6

Each of the workers are entitled to equal treatment without discrimination of
entrepreneurs.

CHAPTER IV
MANPOWER PLANNING AND
EMPLOYMENT INFORMATION
Article 7

(1) In the context of manpower development, the government sets policy and
workforce planning.
(2) workforce planning include:
a. macro manpower planning; and
b. Micro manpower planning.
(3) In developing policies, strategies, and implementation of development programs
sustainable employment, the government should be guided by
manpower planning as referred to in paragraph (1).

Article 8

(1) Manpower planning information prepared on the basis of labor between
include the following:
a. population and labor;
b. employment opportunities;
c. job training including job competence;
d. labor productivity;
e. industrial relations;
f. working conditions;
g. wage and labor welfare, and
h. social security workers.
(2) Employment information referred to in paragraph (1), obtained from
all stakeholders, both government and private agencies.
(3) The provisions on procedures for obtaining employment and preparation of information
and implementation of manpower planning as referred to in paragraph (1)
regulated by Government Regulation.

CHAPTER V
EMPLOYMENT TRAINING

Article 9

Job training was organized and directed to equip, improve, and
develop work competencies to enhance the capability, productivity, and
welfare.

Article 10

(1) Job training carried out with due regard to labor market needs and the world
business, both inside and outside the employment relationship.
(2) Job training is administered on a training program that refers to
competency standards for work.
(3) Job training can be done in stages.
(4) Provisions concerning the procedures for setting standards of competence as
referred to in paragraph (2) regulated by Decree of the Minister.

Article 11

Every labor is entitled to obtain and / or enhance and / or
develop job competence according to their talents, interests, and abilities
through job training.

Article 12
(1) Employers are responsible for improving and / or development of competence
employees through job training.
(2) Improvement and / or development of competence referred to in paragraph
(1) is required for employers who meet the requirements set by
Decree of the Minister.
(3) All workers have equal opportunity to participate in job training
accordance with the field work.

Article 13
(1) Job training organized by the institutions of government job training and / or
private job training institutions.
(2) Job training can be held in place or workplace training.
(3) Institutions of government job training as referred to in paragraph (1) in
organize the training can work in cooperation with the private sector.

Article 14
(1) private job training institutions to form an Indonesian legal entity or
individuals.
(2) private training institutions referred to in paragraph (1) shall
obtain permits or to sign up for an agency that is responsible in the field
employment in the district / city.
(3) Institute of job training conducted by government agencies register
activities to the agency responsible for labor affairs in
districts.
(4) Provisions concerning the procedures for licensing and registration of training institutions
referred to in paragraph (2) and paragraph (3) governed by the Decree of the Minister.

Article 15
Operator training shall meet the following requirements:
a. availability of coaching;
b. the curriculum in accordance with the level of training;
c. availability of facilities and infrastructure for job training; and
d. availability of funds for the continuation of the implementation of job training.

Article 16
(1) private occupational training institutions that have obtained licenses and training institutions
government work that has been registered to obtain accreditation from agencies
accreditation.
(2) Institute of accreditation referred to in paragraph (1) is composed of independent
elements of society on society and the government established by the Decree of the Minister.
(3) organization and working procedures of accreditation referred to in paragraph (2)
regulated by Decree of the Minister.

Article 17
(1) The government agency responsible for labor affairs at district / city
seme ntara stop implementation of job training administration, when in
implementation were:
a. not in accordance with the direction of job training as referred to in Article 9;
and / or
b. not meet the requirements referred to in Article 15.
(2) Termination of temporary employment as the implementation of training event
referred to in paragraph (1), accompanied by reasons and suggestions for improvements and apply maximum
6 (six) months.
(3) temporary postponement of the implementation of job training administration imposed only
of training programs that do not meet the requirements as prescribed
in Article 9 and Article 15.
(4) For training providers within 6 (six) months do not qualify and
complete repair suggestions as referred to in paragraph (2) shall be liable
cessation training program.
(5) The party failing to comply with job training and continue to implement programs
job training that has been terminated as referred to in paragraph (4) bears
license revocation sanctions and cancellation of registration of training providers.
(6) Provisions concerning the procedures for suspension, termination, revocation of license,
and cancellation of registration shall be regulated by Decree of the Minister.

Article 18
(1) Workers are entitled to work after following the recognition of competence
job training which was held government job training agencies, institutions
private job training, or training in the workplace.
(2) Recognition of competence referred to in paragraph (1) is done through
potential competitive labor certification.
(3) Certification of competence referred to in paragraph (2) can also be followed
by labor that has been experienced.
(4) To carry out certification work competence established national certification bodies
dently be independent profession.
(5) Establishment of a national, independent professional certification as
referred to in paragraph (4) regulated by Government Regulation.

Article 19
Job training for disabled workers carried out with due regard
type, degree of disability, and the ability of disabled workers who
concerned.

Article 20
(1) To support the improvement of job training in the framework of development
employment, it developed a national job training system that is
reference implementation of job training in all areas and / or sectors.
(2) Provisions concerning the form, mechanisms, and institutional system of job training
national as referred to in paragraph (1) regulated by Government Regulation.

Article 21
Job training can be held with the apprenticeship system.

Article 22
(1) Apprenticeship apprenticeship conducted on the basis of agreement between participants with
entrepreneurs made in writing.
(2) apprenticeship agreement referred to in paragraph (1), at least
include provision of rights and obligations of participants and employers, and the period
apprenticeship.
(3) Apprenticeship agreement held not through apprenticeship as
referred to in paragraph (1), is considered invalid and the participant status changed to
workers the company concerned.

Article 23
Labour which has followed the apprenticeship program are entitled to recognition
job competence and qualifications of companies or certification body.

Article 24
Apprenticeship can be exercised by the company itself or in place of
job training, or other companies, both inside and outside the territory of Indonesia.

Article 25
(1) Apprenticeship committed outside the territory of Indonesia must obtain permission from
Minister or a designated official.
(2) To obtain the permit referred to in paragraph (1), organizer
apprenticeship have to form an Indonesian legal entity in accordance with regulations
legislation and regulations.
(3) Provisions concerning the procedures for licensing outside the territory of Indonesia apprenticeship
referred to in paragraph (1) and paragraph (2), regulated by Decree of the Minister.

Article 26
(1) Operation apprenticeship outside the territory of Indonesia should consider:
a. the dignity of the Indonesian nation;
b. mastery of higher level of competence, and
c. protection and welfare of apprenticeship participants, including conducting
worship.
(2) The Minister or a designated official to stop the execution of apprenticeship in
outside the territory of Indo nesia when in its implementation was not in accordance with
provisions referred to in paragraph (1).

Article 27
(1) The Minister may require to companies that meet the requirements for
implement an internship program.
(2) In determining the requirements referred to in paragraph (1), the Minister must
pay attention to the interests of companies, communities, and nations.

Article 28
(1) To provide suggestions and considerations in setting policies and
coordination of work and apprenticeship pela exercise established coordination bodies
national job training.
(2) Establishment, membership and working procedures of the coordinating institution of job training
da lam referred to paragraph (1), regulated by Presidential Decree.

Article 29
(1) The Central Government and / or local government shall administer job training
and apprenticeship.
(2) Development of job training and apprenticeship aimed at improving the relevance,
quality, and efficiency of the implementation of job training and productivity.
(3) improve productivity as referred to in paragraph (2), conducted through
development of productive yes culture, work ethics, technology, and efficiency of activities
economy, towards the realization of national productivity.

Article 30
(1) To improve productivity as referred to in Article 29 paragraph (2)
established institution of a national pro-productivity.
(2) Institute for productivity as referred to in paragraph (1) form of networking
institutional services increased productivity, which is cross-sector and
area.
(3) Establishment, membership and working procedures of the institutions of national productivity
referred to in paragraph (1), regulated by Presidential Decree.

CHAPTER VI
MANPOWER PLACEMENT

Article 31
Every labor has the right and equal opportunity to vote,
get, or change jobs and earn a decent income in
or abroad.

Article 32
(1) Placement of labor performed in accordance with the principle of open, free, objective,
and fair, and equal opportunity without discrimination.
(2) Placement of labor is directed to place workers in positions
appropriate to their expertise, skills, talents, interests, and abilities
with due regard to dignity, dignity, human rights and legal protection.
(3) Placement of labor carried out with due regard to equitable distribution
provision of employment opportunities and adaptation of labor according to the needs of the program
national and regional levels.

Article 33
Employment consists of:
a. employment in the national and
b. employment abroad.

Article 34
The provisions regarding employment abroad as referred to
in Article 33 letter b shall be regulated by law.

Article 35
(1) Employers who require employees to recruit their own labor
required or through the implementing employment.
(2) Executive employment referred to in paragraph (1) shall
provide perlindu with since recruitment to employment
(3) The employer referred to in paragraph (1) in employing
Employers are obliged to give her the protection that covers the welfare, safety,
and health, both mental and physical labor.


Article 36
(1) Placement of labor by the executor as referred to in Article 35 paragraph
(1) is done by providing employment services.
(2) employment placement services referred to in paragraph (1) is
integrated in a single system of employment which includes the following elements:
a. job seekers;
b. job vacancies;
c. labor market information;
d. inter-working mechanism; and
e. institutional employment.
(3) elements of the employment system as referred to in paragraph (2)
can be separately addressed for the realization of placement
labor.

Article 37
(1) Executive employment referred to in Article 35 paragraph (1)
consist of:
a. government agency responsible for employment, and
b. private institution with legal status.
(2) private employment agencies as referred to in paragraph (1)
sanakan carry the letter b in employment services are required to have permits
writing of the Minister or a designated official.

Article 38
(1) Executive employment referred to in Article 37 paragraph (1)
letter a, may not charge a placement fee, either directly or indirectly,
part or in whole to the work force and labor users.
(2) private employment agencies as referred to in Article 37 paragraph
(1) letter b, can only collect fees from users of employment
labor and of labor groups and certain positions.
(3) Group and the positions referred to in paragraph (2) defined by
Decree of the Minister.


CHAPTER VII
EMPLOYMENT OPPORTUNITY EXTENDED

Article 39
(1) Government is responsible for seeking the expansion of employment opportunities in both the
inside and outside the employment relationship.
(2) Government and community together to seek expansion of employment opportunities
both inside and outside the employment relationship.
(3) All policies both central and local government in every sector directed
to manifest as an area of employment opportunities both within and outside
working relationship.
(4) Financial institutions both banking and non banking, and business needs
help and to provide convenience to any public activity that can be
create or develop the expansion of employment opportunities.

Article 40
(1) Expansion of employment opportunities outside the employment relationship through the creation
activities that are productive and sustainable utilization of potential resources
natural resources, human resources and appropriate technology.
(2) Creation of employment expansion as referred to in paragraph (1)
done with the pattern of formation and development of independent labor, application
labor-intensive system, the application of appropriate technology, and utilization of labor
voluntary or other patterns that could encourage the expansion of employment opportunities.

Article 41
(1) The Government shall establish employment policies and the expansion of employment opportunities.
(2) Government and community together to oversee the implementation of policies
referred to in paragraph (1).
(3) In performing its duties as referred to in paragraph (2) can be formed
coordinating body consisting of government and the public.
(4) The provisions concerning the expansion of employment opportunities, and establishment of coordination bodies
referred to in Article 39, Article 40, and paragraph (3) in this article set
Government Regulation.


CHAPTER VIII
USE OF FOREIGN LABOR

Article 42
(1) Every employer who employs foreign workers are required to have permits
writing of the Minister or a designated official.
(2) The employer of individuals are prohibited from employing foreign labor.
(3) The obligation to have a permit referred to in paragraph (1) does not apply to
representatives of foreign countries that use foreign workers as employees
diplomatic and consular.
(4) Foreign workers in Indonesia can be employed only in the employment relationship
for certain positions and time.
(5) Provisions regarding certain positions and time referred to in
subsection (4) determined by the Minister.
(6) Foreign workers referred to in paragraph (4) the time it works out
and can not be extended to be replaced by other foreign workers.

Article 43
(1) Employers who use foreign workers must have a plan
use of foreign labor which was approved by the Minister or a designated official.
(2) Plan the use of foreign workers as referred to in paragraph (1)
at least the following information:
a. reasons for the use of foreign labor;
b. position and / or status of foreign workers in the organizational structure
companies concerned;
c. term use of foreign labor; and
d. appointment of an Indonesian citizen manpower as assistant labor
employed foreign.
(3) The provisions referred to in paragraph (1) does not apply to agency
governments, international agencies and representatives of foreign countries.
(4) Provisions concerning the procedures for ratification of the plan the use of foreign labor
regulated by Keputu san Minister.

Article 44
(1) Employers of foreign workers must comply with the provisions of the position and
competency standards and regulations.
(2) The provisions concerning the position and competency standards referred to in
paragraph (1) regulated by the Decree of the Minister.
Article 45
(1) Employers of foreign workers must:
a. labor appoint an Indonesian citizen as a staff assistant personnel
foreign workers employed for the transfer of technology and transfer of expertise of personnel
foreign workers; and
b. implement education and job training for Indonesian workers
referred to in letter a in accordance with the qualifying positions
occupied by foreign workers.
(2) The provisions referred to in paragraph (1) does not apply for foreign workers
ja occupying bridge directors and / or commissioner.

Article 46
(1) Foreign workers are prohibited from occupying positions that deal with personnel and / or
certain positions.
(2) Position-specific positions as referred to in paragraph (1) shall be regulated by
Ministerial Decree

Article 47
(1) Employers are obliged to pay compensation for each foreign worker who
employs.
(2) The obligation to pay compensation as referred to in paragraph (1) no
pe apply to government agencies, representatives of foreign countries, international agencies,
social institutions, religious institutions, and certain positions in the institutions
education.
(3) Provisions concerning certain positions in educational institutions as
referred to in paragraph (2) regulated by Decree of the Minister.
(4) The provisions concerning the amount of compensation and its use is governed by
Government Regulation.

Article 48
Employers who hire foreign workers must repatriate labor
foreigners to their home country after his relationship ended.

Article 49
The provisions concerning the use of foreign labor and the implementation of education and
workforce training companion regulated by Presidential Decree.


CHAPTER IX
RELATED WORK

Article 50
The working relationship is due to labor agreements between employers and
workers.

Article 51
(1) A work agreement is made in writing or orally.
(2) A work agreement is required in writing executed in accordance with
applicable laws and regulations.

Article 52
(1) A work agreement is made on the basis of:
a. agreement of both parties;
b. ability or skill of legal actions;
c. of the contracted work; and
d. the contracted work is not contrary to public order,
decency, and applicable laws and regulations.
(2) A work agreement made by the parties that are contrary to the provisions
referred to in paragraph (1) letters a and b can be canceled.
(3) A work agreement made by the parties that are contrary to the provisions
referred to in paragraph (1) letter c and d are null and void.

Article 53
All matters and / or costs required for implementation of manufacturing employment agreement
conducted by and the responsibility of employers.

Article 54
(1) A work agreement is made in writing at least contain:
a. name, address, and type of business;
b. name, sex, age, and address the workers;
c. position or type of work;
d. place of employment;
e. amount of wages and method of payment;
f. terms conditions of employment which includes the rights and obligations of employers and workers;
g. start and duration of employment agreement;
h. place and date of employment agreement was made; dani. signatures of the parties in
employment agreement.
(2) The provisions in the agreement referred to in paragraph (1) letter e and f,
must not conflict with company regulations, collective bargaining, and
applicable laws and regulations.
(3) A work agreement as referred to in paragraph (1) made at least
in 2 (two), which has the same legal force, and workers
and employers of each receive 1 (one) agreement.

Article 55
Employment agreement can not be withdrawn and / or modified, except upon approval of the
parties.

Article 56
(1) A work agreement is made for a specified time or for an unspecified time.
(2) A work agreement for a certain period referred to in paragraph (1)
based on:
a. period of time; or
b. completion of a particular job.

Article 57
(1) A work agreement for a specified time made in writing and must use
Indonesian language and Latin letters.
(2) A work agreement for a specified time made no contrary written
Where the provisions as referred to in paragraph (1) is expressed as an agreement
for an unspecified time.
(3) In the event that an agreement was made in the Indonesian language and foreign language, if
then there is a difference of interpretation between the two, shall prevail
agreement made in the Indonesian language.

Article 58
(1) A work agreement for a specified time period shall not require the presence
experimental work.
(2) In the event that required a trial period of work in the employment agreement as
referred to in paragraph (1), which required probation work null and void.

Article 59
(1) A work agreement for a certain time can only be made for a particular job
which according to the type and nature of work or activity will be completed in time
particular, namely:
a. once the work is finished or the temporary nature;
b. the expected completion of work in the not too long
and maximum 3 (three) years;
c. the work is seasonal; or
d. work relating to new products, new activities, or products
additional still in the experimental or exploratory.
(2) A work agreement for a specified time can not be held to work
fixed.
(3) A work agreement for a certain period may be extended or renewed.
(4) A work agreement specified time based on a certain period can
held for more than 2 (two) years and may only be extended for 1 (one) time
for a period longer than 1 (one) year.
(5) Entrepreneurs who intend to extend the employment agreement that particular time,
no later than 7 (seven) days before the specified time work agreement has expired
notify the point in writing to the workers concerned.
(6) Update time work agreement may only be held after exceeding
grace period of 30 (thirty) days of expiration of a specified time work agreement
a long time, renewal time work agreement may only be done 1
(A) time and a maximum of 2 (two) years.
(7) A work agreement for a certain time which does not comply with the provisions
referred to in paragraph (1), subsection (2), paragraph (4), subsection (5), and subsection (6) then by law
into an agreement an unspecified time.
(8) Other matters that have not been regulated in this Article shall be further regulated by
Decree of the Minister.


Article 60
(1) A work agreement for an unspecified time may require a trial period of work
within 3 (three) months.
(2) In a trial period of work referred to in paragraph (1), employers
prohibited from paying wages below the prevailing minimum wage.

Article 61
(1) A work agreement ends if:
a. worker dies;
b. expiration of term of employment agreement;
c. the decision of the court and / or decision or determination of the settlement institution
industrial disputes that have permanent legal force;
or
d. the existence of certain circumstances or events that are included in employment contracts,
company regulations or collective labor agreement that could lead to
termination of employment.
(2) A work agreement does not expire because the entrepreneur dies or rights
over which caused sales, inheritance, or grants.
(3) In the event of a transfer company, the rights of workers to
responsibilities of new employers, unless otherwise provided in the transfer agreement
which does not reduce the rights of workers.
(4) In the case of employers, individual, dies, heirs entrepreneurs
to end the per-deal after negotiating with labor unions.
(5) In the case of the workers died, the heir to the workers are entitled
get the right rights in accord with laws and regulations applicable
or rights which have been arranged in the work agreement, company regulations, or
collective bargaining.

Article 62
If either party end the employment relationship before the expiry of the period
stipulated in the employment agreement specified time, or termination of employment
not because of the provisions referred to in Article 61 paragraph (1), parties
end the employment relationship are required to pay compensation to the other party for
wages of workers until the expiration of term of the agreement.

Article 63
(1) In the event that an unspecified time work agreement made orally, then the entrepreneur
shall make the appointment letter to workers concerned.
(2) The letter of appointment referred to in paragraph (1), at least
load description:
a. name and address of the workers;
b. date started work;
c. types of work; and
d. amount of wages.
Article 64
Companies can submit a partial implementation of the work to the company
other through chartering agreement or provision of employment services workers
made in writing.

Article 65
(1) Submission of partial execution of the work to other companies implemented
through a development agreement that employment wholesale made in writing
(2) Work that can be transferred to other companies as referred to
in paragraph (1) must meet the following requirements:
a. done separately from the main activity;
b. done by direct or indirect orders of the employer;
c. an overall corporate support activities, and
d. not inhibit the production process directly.
(2) Other companies referred to in paragraph (1) must be a legal entity.
(3) labor protection and working conditions for workers in other companies
as dimak-Sud in paragraph (2) at least equal to
employment protection and working conditions in the company of the employer or
accordance with legislation and regulations.
(4) Changes and / or additions to the conditions referred to in paragraph (2)
further regulated by Decree of the Minister.
(5) working relationship in the implementation of the work referred to in paragraph (1)
stipulated in a written employment agreement between the company and union
it employs.
(6) labor relations referred to in paragraph (6) can be based on
unspecified time employment agreement or employment agreement specified time if
meet the requirements referred to in Article 59.
(7) In the event that the provisions referred to in paragraph (2) and paragraph (3) no
fulfilled, then by law the status of labor relations workers with the company
recipients move into employment chartering workers with
corporate employer.
(8) In the event that the working relationship the company switched to an employer as
referred to in subsection (8), then the employment relationship workers by giving
work in accordance with the employment relationship as referred to in paragraph (7).

Article 66
(1) The employees of services companies, workers may not be used
by the employer to carry out basic activities or activities
directly related to the production process, except for auxiliary service activities
or activities that are not directly related to the production process.
(2) Provider service workers to support service activities or activities that are not
directly related to the production process to be qualified as
follows:
a. the working relationship between the workers and company service providers
workers;
b. employment agreement which applies in the employment relationship as referred to in
letter a is a working agreement for a certain time that meets the requirements
as referred to in Article 59 and / or employment agreements are not time
particular, made in writing and signed by both parties;
c. protection of wages and welfare, working conditions, and disputes
arising is the responsibility of service providers, unions, and
d. agreements between companies using services workers and other companies
which acts as a service provider company workers made
writing and must contain the articles referred to in laws
this.
(3) Providers of service workers is a form of business and legal entity
have permission from the government agency responsible for labor affairs.
(4) In the event that the provisions referred to in paragraph (1), subsection (2) letter a, b,
and d as well as paragraph (3) is not fulfilled, then by law the status of the working relationship
between the workers and company service providers workers becoming
working relationship between the workers and the employer company.


CHAPTER X
PROTECTION, WAGE, AND
WELFARE
Part One
Protection
Paragraph 1
Disabilities

Article 67
(1) Employers who employ disabled workers are required to provide
protection in accordance with the type and degree of handicap.
(2) The protection referred to in paragraph (1) conducted in accordance
with legislation and regulations.
Paragraph 2
Child


Article 68
Employers are prohibited from employing children.

Article 69
(1) The provisions referred to in Article 68 can be excluded for children
aged between 13 (thirteen) years up to 15 (fifteen) years for
perform light work as long as not interfere with the development and
physical health, mental, and social.
(2) Employers who employ children in light work as meant
in paragraph (1) must meet the following requirements:
a. written permission from parents or guardians;
b. agreement between employers with a parent or guardian;
c. working time maximum 3 (three) hours;
d. carried out during the day and does not interfere with school time;
e. occupational safety and health;
f. existence of a clear working relationship; and
g. receive wages in accordance with applicable regulations.
(4) The provisions referred to in paragraph (2) letter a, b, f, and g is exempted for
children working on family business.

Article 70
(1) Children can do the work in the workplace that is part of
education or training curriculum approved by the competent authority.
(2) Children referred to in paragraph (1) at least age 14 (fourteen)
years.
(3) The work referred to in paragraph (1) can be done with the following requirements:
a. given a clear indication of how the implementation of the work and guidance and
supervision in performing the work; and
b. given the protection of occupational safety and health.

Article 71
(1) Children can do the work to develop talents and interests.
(2) Employers who employ children as referred to in paragraph (1) shall
meet the following requirements:
a. under the direct supervision of a parent or guardian;
b. maximum working time of 3 (three) hours a day; and
c. working conditions and environment do not interfere with physical, mental,
social, and school time.
(3) Provisions concerning working children to develop talents and interests
referred to in paragraph (1) and paragraph (2) regulated by Decree of the Minister.

Article 72
In the case of children employed in conjunction with workers today, then place
working children should be separated from the workplace union adult.

Article 73
Children are considered to work when at work, unless it can be proved
vice versa.

Article 74
(1) Any person prohibited from employing and involving children in jobs
the worst.
(2) the worst jobs are referred to in paragraph (1) includes:
a. all the work in the form of slavery or the like;
b. all jobs that use, provide, or offer a child for
prostitution, production of pornography, pornographic performances, or gambling;
c. all jobs that use, provide, or involve a child to
production and trade of alcoholic beverages, narcotics, psychotropic and addictive substances
other, and / or
d. all jobs that endanger the health, safety or morals of children.
(3) The types of occupation is endangering the health, safety or morals of children
as referred to in paragraph (2) letter d determined by the Minister.
Article 75
(1) The Government shall make efforts to control children who work outside
working relationship.
(2) Ensure that the response referred to in paragraph (1) shall be regulated by
Government Regulation.
Paragraph 3
Women

Article 76
(1) Workers female workers aged less than 18 (eighteen) years are prohibited
employed between 23.00 to 07.00.
(2) Employers are prohibited from hiring workers who according to pregnant women
medical certificate are hazardous to health and safety of the ingredients and
themselves when working between 23.00 to 07.00.
(3) Entrepreneurs who employ female workers between the hours of 23:00 until
with at 07.00 shall:
a. providing nutritious food and beverages; and
b. maintain decency and safety for the workplace.
(4) The employer shall provide shuttle transportation for female workers
that depart and return to work between 23.00 to 05.00.
(5) The provisions referred to in paragraph (3) and paragraph (4) shall be regulated by
Decree of the Minister.
Paragraph 4
Working Time

Article 77
(1) Every employer shall implement the provisions of work time.
(2) The working hours referred to in paragraph (1) includes:
a. 7 (seven) at 1 (one) day and 40 (forty) hours of 1 (one) week for 6
(Six) working days within 1 (one) week; or
b. 8 (eight) at 1 (one) day and 40 (forty) hours of 1 (one) week for 5
(Five) working days within 1 (one) week.
(3) The working time provisions referred to in paragraph (2) does not apply to
business sector or a particular job.
(4) The provisions concerning working time in the business sector or a particular job
referred to in paragraph (3) governed by the Decree of the Minister.

Article 78
(1) Employers who employ workers beyond the working hours as
referred to in Article 77 paragraph (2) must meet the following requirements:
a. there is agreement the workers concerned; and
b. overtime can only be done at most 3 (three) hours in 1
(One) day and 14 (fourteen) hours in 1 (one) week.
(2) Employers who employ workers beyond the working hours as
referred to in paragraph (1) must pay overtime wages.
(3) The provisions concerning overtime as referred to in paragraph (1) letter b
apply for the business sector or a particular job.
(4) The provisions regarding overtime and overtime wages as
referred to in paragraph (2) and paragraph (3) governed by the Decree of the Minister.

Article 79
(1) Employers must give time off for leave to workers.
(2) The period of rest and leave as referred to in paragraph (1), includes:
a. break between the hours of work, at least half an hour after working for
4 (four) consecutive hours and rest periods shall not include hours worked;
b. weekly rest 1 (one) day for 6 (six) working days within 1 (one) week
or 2 (two) days for 5 (five) working days within 1 (one) week;
c. annual leave, at least 12 (twelve) working days after the workers
concerned to work for 12 (twelve) months continuously; and
d. a long break at least 2 (two) months and held in
seventh and eighth respectively 1 (one) month to workers who have
worked for 6 (six) years continuously in the same company
with the provisions of the workers are no longer be eligible for a break
annual within 2 (two) year and thereafter apply to each
multiples of the period of 6 (six) years.
(3) Implementation of annual rest periods referred to in paragraph (2) c
stipulated in the agreement, company regulations or collective labor agreements.
(4) The right long break referred to in paragraph (2) letter d only valid
for workers who work on a specific company.
(5) certain of the Company referred to in paragraph (4) regulated by Decree
Minister.

Article 80
Employers must provide an adequate opportunity to the workers for
conducting worship services required by his religion.

Article 81
(1) Workers of women who feel pain during menstruation and
notify the employer, are not obliged to work on the first and second
at the time of menstruation.
(2) The provisions referred to in paragraph (1) stipulated in the agreement
work, company regulations or collective labor agreements.

Article 82
(1) Workers female workers are entitled to rest for 1.5 (one half)
months before the time of childbirth and 1.5 (one half) months after
birth according to the calculation of an obstetrician or midwife.
(2) Workers of women who experience miscarriage are entitled to
break 1.5 (one half) months or in accordance with doctor's certificate
obstetrician or midwife.

Article 83
Female workers who are still nursing her child should be given the opportunity
ought to breastfeed her child if it should be done during working hours.

Article 84
Any workers who exercise their right to rest periods as referred to
in Article 79 paragraph (2) letter b, c, and d, Article 80 and Article 82 entitled to wages
full.

Article 85
(1) Workers are not obliged to work on official holidays.
(2) Employers can hire workers to work on public holidays
official if the type and nature of the jobs must be performed or executed
continuously or in other circumstances based on the agreement between
workers with employers.
(3) Employers who employ workers who perform work on the day
official holiday referred to in paragraph (2) shall pay overtime wages.
(4) The provisions concerning the type and nature of work as referred to in paragraph (2)
regulated by Decree of the Minister.
Paragraph 5
Occupational Safety and Health

Article 86
(1) All workers have the right to obtain protection for:
a. occupational safety and health;
b. morality and decency; and
c. treatment in accordance with human dignity and religious values.
(2) To protect the safety of the workers in order to realize productivity
Optimal organized effort to occupational safety and health.
(3) The protection referred to in paragraph (1) and paragraph (2) conducted in accordance
with legislation and regulations.


Article 87
(1) Every company must implement safety and health management system
work that is integrated with enterprise management systems.
(2) Provisions concerning the implementation of safety management systems and occupational health
referred to in paragraph (1) regulated by Government Regulation.
Part Two
Wage.

Article 88
(1) Every worker / laborer entitled to earn a livelihood meet
worthy of humanity.
(2) To realize the income that meets a decent livelihood for
humanity as defined in paragraph (1), the government sets
wage policy that protects workers.
(3) The remuneration policy that protects workers referred to in
paragraph (2) include:
a. minimum wage;
b. overtime wages;
c. wages do not come to work because of absence;
d. wages do not come to work because of other activities outside work;
e. wages because of his right to take work breaks;
f. form and manner of payment of wages;
g. fines and deductions from wages;
h. things that can be calculated with the wage;
i. structure and wage scale that is proportional;
j. wages for severance payments; and
k. wages for income tax calculation.
(4) The government set minimum wages as referred to in paragraph (3) letter a
based on the needs of decent living and to pay attention to productivity and
economic growth.

Article 89
(1) The minimum wage as referred to in Article 88 paragraph (3) letter a, may consist
above:
a. minimum wage based on the province or district / city;
b. minimum wage by sector within a province or district / city.
(2) The minimum wage as referred to in paragraph (1) directed toward the achievement of
need for decent living.
(3) The minimum wage as referred to in paragraph (1) determined by Governor
taking into account the recommendations of the Provincial Wage Councils and / or
Regent / Mayor.
(4) Components and implementation phases of achieving the needs for decent living as
referred to in paragraph (2) regulated by Decree of the Minister.

Article 90
(1) Employers are prohibited from paying wages less than the minimum wage as
referred to in Article 89.
(2) For employers who are unable to pay the minimum wage as referred to
in Article 89 may be deferred.
(3) The procedure of suspension referred to in paragraph (2) shall be regulated by
Decree of the Minister.

Article 91
(1) setting remuneration established for agreements between employers and
workers or trade unions should not be lower than
provisions stipulated wage legislation and regulations.
(2) In terms of the agreement referred to in paragraph (1) lower or
contrary to legislation, the agreement null and void
law, and employers must pay wages of the workers according to regulations
legislation and regulations.


Article 92
(1) Employers set wage scale structure and by observing classes,
position, years of education, and competence.
(2) Employers to review periodically with due regard to wage
company's ability and productivity.
(3) Provisions concerning the structure and pay scales referred to in paragraph (1)
regulated by Decree of the Minister.

Article 93
(1) Wages are not paid if the workers do not do the job.
(2) The provisions referred to in paragraph (1) does not apply, and employers must
pay wages if:
a. workers sick and could not do the job;
b. female workers who are sick in the first and second day of menstrual period
so it can not do the job;
c. workers absent from work because the workers get married, marry,
mengkhitankan, baptize his son, wife giving birth or miscarriage
content, husband or wife or son or daughter or parent or in-laws
or family members died in one house;
d. workers can not perform work because they are running
obligations to the state;
e. workers can not perform his job because of running the worship
who ordered his religion;
f. workers willing to do the work that has been promised but
employers do not hire her, either alone or in error
obstacles that could have been avoided businessmen;
g. workers exercised the break;
h. workers carrying out trade union / trade union approval
businessmen; and
i. workers carry out educational tasks of the company.
(3) Wages paid to workers who are ill as defined in
paragraph (2) letter a as follows:
a. to 4 (four) months, paid 100% (hundred percent) of their wages;
b. to 4 (four) months the two, paid 75% (seventy five percent) of their wages;
c. to 4 (four), third month, paid 50% (fifty percent) of their wages; and
d. For subsequent months, paid 25% (twenty five percent) of wages
prior to termination of employment by employers.
(4) Wages paid to workers who do not report to work as
referred to in paragraph (2) letter c as follows:
a. workers get married, get paid for for 3 (three) days;
b. marry off their children, pay for 2 (two) days;
c. mengkhitankan his son, paid for 2 (two) days;
d. baptize their children, pay for 2 (two) days;
e. wife giving birth or miscarriage, paid for 2 (two) days;
f. husband / wife, parent / in-law or son or daughter dies, paid
for 2 (two) days; and
g. family members died in one house, paid for for 1
(One) day.
(5) Setting the implementation of the provisions referred to in paragraph (2) set
in the work agreement, company regulations or collective labor agreements.

Article 94
In terms of wage component comprises the basic wage and benefits remain the magnitude
basic wage at least 75% (seventy five percent) of the total basic wage
and fixed allowances.

Article 95
(1) violations committed by the workers because intention or negligence
may be subject to fines.
(2) Entrepreneurs are due to deliberate action or negligence has caused delays
payment of wages, be fined in accordance with a certain percentage of wages
workers.
(3) The Government shall regulate the imposition of fines to employers and / or the workers,
in the payment of wages.
(4) In the event the company is declared bankrupt or liquidated under the rules
legislation in force, wages and other rights of workers
is the debt paid prior development.

Article 96
Demands payment of wage workers and all payments arising from
working relationship to be expired after a period exceeding 2 (two) years since
the emergence of rights.

Article 97
Provisions concerning decent income, wage policy, the necessities of life
feasible, and protection of remuneration as referred to in Article 88, the determination
minimum wage as referred to in Article 89, and the imposition of fines
referred to in Article 95 paragraph (1), subsection (2) and paragraph (3) governed by
Government Regulation.

Article 98
(1) To provide advice, consideration, and formulate a wage policy
which will be determined by the government, and for the development of wage system
National Wage Council established the national, provincial, and district / city.
(2) Membership Wage Council referred to in paragraph (1) consists of
elements of the government, employers' organizations, trade union / unions, universities
high, and experts.
(3) Membership of the National Wage Council rates shall be appointed and dismissed by
President, while the membership of Provincial Wage Councils, District
appointed and dismissed by the Governor / Regent / Mayor
(4) Provisions concerning the procedures for the establishment, composition, membership, procedures for
appointment and termination of membership, as well as duties and working procedures of the Council
Wage referred to in paragraph (1) and paragraph (2), arranged by
Presidential Decree.
Part Three
Welfare

Article 99
(1) Every worker / laborer and his family are entitled to obtain social security
work.
(2) Social security workers referred to in paragraph (1), implemented
accordance with legislation and regulations.

Article 100
(1) To improve the welfare for workers and their families, employers
obliged to provide welfare facilities.
(2) Provision of welfare facilities as referred to in paragraph (1),
carried out with due regard to the needs of workers and size
the ability of the company.
(3) The provisions concerning the type and criteria of welfare facilities in accordance with the requirements
workers and measures the ability of the company referred to in paragraph
(1) and paragraph (2), regulated by Government Regulation.

Article 101
(1) To improve the welfare of workers, formed cooperative unions
and productive efforts in the company.
(2) The Government, employers, and workers or trade union / trade union working
develop cooperative workers, and develop productive business
referred to in paragraph (1).
(3) The formation of cooperatives referred to in paragraph (1), implemented in accordance
with legislation and regulations.
(4) The efforts to foster cooperative unions as
referred to in paragraph (2), regulated by Government Regulation.

CHAPTER XI
INDUSTRIAL RELATIONS
Part One
General

Article 102
(1) In the conduct of industrial relations, the government has set a function
policies, providing services, conducting surveillance, and conduct
action against violations of labor legislation.
(2) In the conduct of industrial relations, workers and trade unions /
labor has the function of carrying out the work in accordance with its obligations,
maintain order in the continuity of production, channeling their aspirations
democratic, developing skills and expertise and can advance
companies and fight for the welfare of members and their families.
(3) In the conduct of industrial relations, businessman and entrepreneur organizations
has the function to create partnerships, develop business, expand
employment, and provide welfare workers in an open,
democratic, and equitable.

Article 103
Industrial Relations implemented by means of:
a. trade unions;
b. employers' organizations;
c. bipartite cooperation institution;
d. embaga tripartite cooperation;
e. company regulations;
f. collective bargaining;
g. employment legislation; and
h. industrial dispute settlement institutions.
Part Two
Trade Union / Labor Union

Article 104
(1) All workers are entitled to form and join trade unions /
workers.
(2) In performing the functions referred to in Article 102, guild
unions as being entitled to raise and manage financial and
organization's financial accountability, including a strike fund.
(3) The amount and procedures for the collection of strike funds referred to in paragraph
(2) arranged in the base budget and / or the articles of union households
unions concerned.
Part Three
Entrepreneurs Organization

Article 105
(1) Every employer has the right to form and join employers' organizations.
(2) The provisions concerning the employers' organization is set in accordance with regulations
legislation and regulations.
Part Four
Bipartite Cooperation Institutions

Article 106
(1) Every company that employs 50 (fifty) workers or
more is required to form a bipartite cooperation institution.
(2) bipartite cooperation institution referred to in paragraph (1) serves as
forum for communication, and consultation on labor issues at the company.
(3) Membership of bipartite cooperation institution referred to in paragraph
(2) consists of representatives from employers and workers / laborers who are appointed by
workers democratically to represent the interests of workers in
company concerned.
(4) Provisions concerning the procedures for the establishment and membership of institutions
same bipartite referred to in paragraph (1) and paragraph (3) governed by
Decree of the Minister.
Part Five
Tripartite Cooperation Institution

Article 107
(1) Institute of tripartite cooperation to give consideration, suggestions, and opinions to
government and stakeholders in policy formulation and problem solving
employment.
(2) Institute of tripartite cooperation as referred to in paragraph (1), comprising:
a. National Tripartite Cooperation Institution, Provincial, and District; and
b. Tripartite Sectoral Cooperation Institute of the National, Provincial, and District.
(3) Membership of the Institute of tripartite cooperation consists of representatives from governments, organizations
entrepreneurs, and series-kat unions.
(4) Procedures and organizational structures of tripartite cooperation as
referred to in paragraph (1) regulated by Government Regulation.
Part Six
Company Regulations

Article 108
(1) Employers who employ workers at least 10 (ten)
the company shall make regulations which came into effect after approved by the
Minister or a designated official.
(2) The obligation to make the company regulations referred to in paragraph (1)
does not apply to companies that already have collective bargaining.

Article 109
Regulations prepared by the company and the responsibility of employers
concerned.

Article 110
(1) of the company have been prepared by taking into account advice from
representatives of workers in the company concerned.
(2) In case the company concerned have formed labor unions
workers then vice pe-kerja/buruh as referred to in paragraph (1) is
board of trade unions.
(3) In case the company concerned has not been established labor unions
workers, representatives of the workers referred to in paragraph (1) is
workers who are democratically elected to represent the interests of
workers in the company concerned.

Article 111
(1) of the company at least the following:
a. rights and obligations of the employer;
b. rights and obligations of workers;
c. working conditions;
d. order companies, and
e. validity period of company regulations.
(2) The provisions of company law must not conflict with the provisions of
applicable laws and regulations.
(3) The validity of company regulations no later than 2 (two) years and shall be renewed
after it expires.
(4) As long as the company regulations, if trade unions
in the company to manufacture hendaki collective bargaining negotiations, then
employers must serve.
(5) In terms of making collective bargaining negotiations as referred to
in paragraph (4) do not reach agreement, then the company regulations remain in force
until the expiration of its validity.

Article 112
(1) Ratification of the company regulations by the Minister or a designated official
referred to in Article 108 paragraph (1) must have been given in time
no later than 30 (thirty) working days after the company received regulatory texts.
(2) If the company has appropriate regulations as set forth in Article 111
paragraph (1) and paragraph (2), then within 30 (thirty) business days
referred to in paragraph (1) has been exceeded and the company has not adopted regulations
by the Minister or a designated official, the company regulations have been considered
get the endorsement.
(3) In the event that the company did not meet the regulatory requirements referred to
in Article 111 paragraph (1) and (2) The Minister or a designated official must
notify in writing to the employer regarding the improvement of regulatory
company.
(4), within a period of 14 (fourteen) working days from the date of notification
accepted by employers as referred to in paragraph (3), employers must
reiterates its firm rule that has been repaired to the Minister
or a designated official.

Article 113
(1) Change of company regulations before the expiration of the term validity only
can be done on the basis of agreements between employers and representatives of the workers.
(2) of the company changes referred to in paragraph (1) must
get pengesa-han of the Minister or a designated official.

Article 114
Employers are obliged to inform and explain the contents and give the script
company regulations or amendments to the workers.

Article 115
Provisions concerning the procedures for making and ratification of laws regulated companies
by Ministerial Decree.
Part Seven
Collective Labor Agreement

Article 116
(1) joint work agreement made by the trade union / trade union or some
trade unions that had been listed on the responsible government agency
in the field of employment with the employer or multiple employers.
(2) Preparation of collective agreement referred to in paragraph (1)
musya-warah implemented.
(3) joint work agreement as referred to in paragraph (1) must be made
written with Latin letters and using the Indonesian language.
(4) In the event of a collective labor agreement that was made not to use language
Indonesia, the per-joint Labor Agreement shall be translated into another language
Indonesia by a sworn translator and translation were considered to have
comply with the provisions referred to in paragraph (3).

Article 117
In the case of deliberation as referred to in Article 116 paragraph (2) did not achieve
agreement, the dispute shall be settled through the dispute settlement procedure
industrial relations.

Article 118
Within 1 (one) company can only be made 1 (one) collective bargaining
apply to all workers in the company.

Article 119
(1) In the case of one company there is only one trade union / trade union, then
trade / serial-kat the right to represent workers' unions in
making collective bargaining negotiations with employers if it has
total membership of more than 50% (fifty percent) of the total
workers in the company concerned.
(2) In the case of one company there is only one trade union / trade union
referred to in paragraph (1) but has no more than the number of members
50% (fifty percent) of the total number of workers in the company then
trade unions to represent workers in negotiations with
employers if the trade unions concerned has received
support more than 50% (fifty percent) of the total number of workers in
company through voting.
(3) In the case of support referred to in paragraph (2) is not reached then
trade unions concerned may file a return
request to negotiate a collective agreement with employers after
beyond the period of 6 (six) months since the election
sound by following the procedures referred to in paragraph (2).

Article 120
(1) In the case of one company there are more than 1 (one) trade unions
then the right to represent the workers to negotiate with employers
the number of its membership of more than 50% (fifty percent) of all
the number of workers in the company.
(2) In the event that the provisions referred to in paragraph (1) is not fulfilled, then
trade unions can make a coalition in order to reach more number
than 50% (fifty percent) of the total number of workers in firms
is to represent in negotiations with employers.
(3) In the event that the provisions referred to in paragraph (1) or paragraph (2) no
met, then the series-kat unions formed a negotiating team
membership is determined proportionally based on the number of members of each
trade unions.

Article 121
Membership of trade unions referred to in Article 119 and
Article 120 is evidenced by membership card.

Article 122
The vote referred to in Article 119 paragraph (2) organized by
committee consisting of representatives of unions and union / labor unions
workers witnessed by the officer in charge of
employment and employers.

Article 123
(1) The labor agreement with more than 2 (two) years.
(2) joint work agreement as referred to in paragraph (1) can be extended
period of the longest 1 (one) year by written agreement between
entrepreneur with trade unions.
(3) making collective bargaining talks to begin next most
quick 3 (three) months before the expiration of collective bargaining is
applicable.
(4) In the event that the negotiations referred to in paragraph (3) did not achieve
Testament deal then work together in force, remain in force for
maximum of 1 (one) year.

Article 124
(1) labor agreement with at least contain:
a. rights and obligations of the employer;
b. rights and obligations of trade unions and workers;
c. period of time and date of entry into force of collective bargaining, and
d. signatures of the parties making collective bargaining.
e. Provisions in collective agreement must not conflict with
legislation and regulations.
(2) In the event that the contents of collective agreement contrary to the laws and regulations
applicable as mentioned in paragraph (2), then the provisions
contrary is null and void and that applies is the provision in
legislation.

Article 125
In the event that both parties agreed to amend the collective agreement,
then those changes are an integral part of the agreement
together in force.
Article 126
(1) Employers, trade unions and employees shall perform
existing provision in his collective bargaining.
(2) Employers and trade unions shall notify the contents of the working agreement
together or change the material to all workers.
(3) Employers should print and distribute the agreement to work together
each of the workers at the expense of the company.

Article 127
(1) A work agreement made by employers and workers should not be
conflict with collective bargaining.
(2) In the event that the provisions in the agreement referred to in paragraph (1)
contrary to the collective labor agreement, the terms of the agreement
is null and void and applicable are the provisions in employment contracts
together.

Article 128
In terms of employment agreements do not contain the rules that governed the employment agreement
shall prevail with the rules in collective bargaining.

Article 129
(1) Employers are prohibited from replacing collective bargaining with the company regulations,
while in the company concerned there are still trade unions.
(2) In the event that the company no longer trade unions and agreements
working together is replaced with company regulations, the provisions contained in
company rules should not be lower than the existing provisions in
collective bargaining.

Article 130
(1) In the case of collective bargaining that has expired will
baharui extended or treated at the company and there is only one (1)
trade unions, the extension or renewal of creation
collective labor agreement does not require the provision in Article 119.
(2) In the case of collective bargaining that has expired will
extended or treated baharui and there are more than 1 (one)
trade unions and trade unions that once negotiations
no longer meets the provisions of Article 120 paragraph (1), then the extension or creation
renewal of collective bargaining by trade unions
are more than 50% (fifty percent) of the total workers
in the company together with trade unions that make
agreement with previous work by establishing a negotiating team
proportional.
(3) In the case of collective bargaining that has expired will
extended or treated baharui and there are more than 1 (one)
trade unions and no trade unions are
comply with the provisions of Article 120 paragraph (1), then the extension or creation
renewal of collective bargaining conducted under the provisions of Article 120 paragraph
(2) and paragraph (3).

Article 131
(1) In the event of dissolution of trade unions or transfer
ownership of the company's collective labor agreements remain in force until
expiry of collective bargaining.
(2) In the event of any merger of the company (merger) and each company
Testament have working together the collective agreement in force
is a collective labor agreement is more advantageous union.
(3) In the event of any merger of the company (merger) between firms
have a collective labor agreement with the company who does not have
collective labor agreement, the collective labor agreement is valid for
who joined the company (merger) until the expiry date
collective bargaining.

Article 132
(1) joint working agreement entered into force on the day of signing unless otherwise specified
another in the labor agreement.
(2) collective bargaining agreement signed by the parties who make agreements
selam he continued working together by businessmen registered with the relevant
responsible for labor affairs.

Article 133
Provisions regarding the requirements and procedures for the creation, renewal, change, and
registration of collective labor agreements governed by the Decree of the Minister.

Article 134
In realizing the implementation of the rights and obligations of workers and employers,
government must carry out supervision and enforcement of laws and regulations
employment.

Article 135
The implementation of labor legislation in realizing
industrial relations is the responsibility of workers, employers, and
government.

Section Eight
Institute for Dispute Resolution
Industrial Relations

Paragraph 1
Industrial Relations Disputes

Article 136
(1) Settlement of industrial disputes shall be implemented by employers and
workers or trade unions in deliberation and consensus.
(2) In terms of settlement referred to deliberation and consensus
in paragraph (1) is not achieved, then the employers and workers or unions
unions settle industrial disputes through
industrial relations dispute resolution procedures set by law.

Paragraph 2
General Strike

Article 137
Strike is a fundamental right of workers and trade unions do
legally, orderly, and peaceful as a result of the failure of negotiations.

Article 138
(1) The employees and / or trade unions that intend to invite
workers other to strike when the strike took place is
by not breaking the law.
(2) Workers are invited to a strike as defined in paragraph (1), can
comply or not comply with such solicitation.

Article 139
Implementation of a strike for workers who work in companies
serve the public interest and / or the company that his type of activity
endanger the safety of human life arranged so that no
interfere with the public interest and / or endanger the safety of others.

Article 140
(1) At least within 7 (seven) working days prior to the strike
implemented, workers and trade unions shall notify
in writing to the employers and the government agency responsible for
local employment.
(2) The notification referred to in paragraph (1) at least the following:
a. time (day, date and hour) start and end the strike;
b. the strike;
c. reasons and the causes why the strike; and
d. chairman and the secretary's signature and / or their respective chairman and secretary
trade unions as responsible for the strike.
(3) In the event that a strike will be carried out by workers who do not become
union members unions, then the notification referred to
in paragraph (2) signed by representatives of the workers designated as
coordinator and / or responsible for the strike.
(4) In the event that a strike is not referred to in paragraph (1), then
in order to save his company's production equipment and assets, entrepreneurs can take
temporary action by:
a. prohibit the workers that a strike is in the location of the process
production; or
b. if necessary prohibit workers who strike at the scene
company.

Article 141
(1) Government agencies and the companies that received a strike notice
work referred to in Article 140 shall provide a receipt.
(2) Prior to and during the strike, the agency responsible for
manpower required to resolve problems that led to the emergence of
and deliberate strike by meeting with the parties
loggerheads.
(3) In the event that the negotiations referred to in paragraph (2) produce
agreement, it must be made with the agreement signed by the
parties and employees of the agency responsible for labor affairs
as a witness.
(4) In the event that the negotiations referred to in paragraph (2) does not produce
agreement, the employee of the agency responsible for
employment immediately refer the matter which led to strike
labor dispute resolution institutions in industrial relations authority.
(5) In the event that negotiations do not produce an agreement as referred to
in paragraph (4), then on the basis of negotiations between the union and employers'
unions or responsible for the strike, a strike can
forwarded or stopped temporarily or discontinued altogether.

Article 142
(1) strike that do not comply with the provisions referred to in
Article 139 and Pa-sal 140 is the strike illegal.
(2) The legal consequences of an illegal strike as defined in paragraph (1)
will be governed by the Decree of the Minister.

Article 143
(1) Whoever can not hinder the workers and trade unions /
workers to use his right to strike work done legally, orderly, and
peace.
(2) Any person prohibited from making arrests and / or detention of
unions and union workers / trade unions strike
work legally, orderly, and peacefully in accordance with laws and regulations that
applicable.

Article 144
Against a strike conducted in accordance with the provisions referred to
in Article 140, employers are prohibited:
a. replace workers who strike by workers from outside
company; or
b. sanction or retaliation in any form to the workers
and union / labor unions during and after the strike
work.


Article 145
In the case of workers who perform work in a legitimate strike in doing
demands of the normative rights seriously violated by employers, workers
entitled to wages.

Paragraph 3
Company Closure (lock-out)

Article 146
(1) Closure of the company (lock out) is a fundamental right of employers to refuse
workers in part or in full to run jobs as a result
the failure of negotiations.
(2) Employers are not justified to the closing company (lock out) as
retaliatory measures in respect of the normative demands of the workers and / or
trade unions.
(3) Actions firm closure (lock out) should be conducted in accordance with the provisions of
applicable law.

Article 147
Closure of the company (lock out) prohibited on companies
serve the public interest and / or types of activities that endanger the safety of
the human psyche, including hospitals, clean water network services, central control
telecommunications, the central provider of electric power, oil and gas processing, and
train.

Article 148
(1) The employer shall notify in writing to the workers and / or
trade unions, and government agency responsible for
local employment for at least 7 (seven) working days prior to closing
company (lock out) done.
(2) The notification referred to in paragraph (1) at least the following:
a. time (day, date and hour) begins and ends with the closing company (lock
out); and
b. reasons and causes of firm closure (lock out).
(3) The notification as referred to in paragraph (1) signed by the employer
and / or head of the company concerned.

Article 149
(1) The employees or trade unions and the government agency responsible for
in the field of employment that directly receive a notification letter
firm closure (lock out) as referred to in Article 148 should
provide proof of acceptance by stating the day, date and hour
acceptance.
(2) Prior to and during the closing company (lock out) takes place, a government agency
responsible for labor affairs authority to directly solve
problems that led to the emergence of enterprise closure (lock out) with
together and deliberate with the disputing parties.
(3) In the event that the negotiations referred to in paragraph (2) produce
agreement, it must be made with the agreement signed by the
parties and employees of the agency responsible for labor affairs
as a witness.
(4) In the event that the negotiations referred to in paragraph (2) does not produce
agreement, the employee of the agency responsible for
employment immediately refer the matter which led to
firm closure (lock out) the dispute settlement institution
industrial.
(5) If the negotiations do not produce an agreement referred to in
subsection (4), then on the basis of negotiations between employers and labor unions
labor, enterprise closure (lock out) can be continued or terminated for
temporarily or discontinued altogether.
(6) The notification referred to in Article 148 paragraph (1) and paragraph (2) no
required if:
a. union or trade union / trade union strike procedures violate
referred to in Article 140;
b. workers or trade unions violate normative
specified in employment agreements, company regulations, labor agreements
together, or the legislation in force.


CHAPTER XII
TERMINATION OF EMPLOYMENT RELATIONS

Article 150
Provisions concerning termination of employment in this legislation include
layoffs that occurred in a business entity incorporated or not,
owned by an individual, a partnership or a legal entity, either private
or the State, as well as social enterprises and other businesses that have
board and hire someone else to pay wages or compensation in
other forms.

Article 151
(1) Employers, workers, trade unions, and government, with
every effort should seek to prevent termination of employment.
(2) In the event that all efforts have been made, but not to termination of employment
avoided, then the purpose of termination of employment shall be negotiated by
employers and trade unions or by workers when
workers concerned are not members of trade union / trade union.
(3) In the event that the negotiations referred to in paragraph (2) is really not
produce the consent, the employer can only terminate the employment
with the workers after receiving the determination of the settlement institution
industrial dispute.

Article 152
(1) Application for determination of termination of employment shall be submitted in writing to
institutions of industrial relations disputes to be accompanied by reasons
Basically.
(2) Application for determination as referred to in paragraph (1) can be accepted by
industrial dispute settlement body if it has dirundangkan
referred to in Article 151 paragraph (2).
(3) Determination of application for termination of employment can only be given by
industrial dispute settlement body if it is the intention to
terminate the working relationship has been negotiated, but the talks did not
produce an agreement.

Article 153
(1) Employers are prohibited from terminating the employment of reasons:
a. workers absent from work due to illness, according to doctors
for a period not exceeding 12 (twelve) months continuously;
b. workers unable to perform her job due to meet
obligations to the state in accordance with the provisions of legislation
applicable;
c. workers are instructed to practice their religion;
d. workers get married;
e. female workers pregnant, give birth, fall uterus, or breast-feeding
baby;
f. workers have ties of blood and / or bonds of marriage with
workers other inside a single company, but has been regulated in
employment agreements, company regulations, or collective bargaining;
g. workers set up, become a member and / or union
unions, workers perform activities of labor unions
workers outside working hours, or in working hours over the deal entrepreneur, or
based on the provisions stipulated in the agreement, company regulations,
or collective labor agreements;
h. workers who complained to authorities about the entrepreneur
entrepreneurs act of a criminal act;
i. because of differences in understanding, religion, political affiliation, race, color, class, type
sex, physical condition, or marital status;
j. workers in a state of permanent disability, illness due to workplace accidents, or illness
because the working relationship which, according to a doctor's certificate which the period of time
its treatment is still uncertain.
(2) Any termination of the work done on the grounds referred to
in paragraph (1) null and void and the employer must rehire
workers concerned.

Article 154
Determination referred to in Article 151 paragraph (3) is not required in the event:
a. workers still in employment probation, was required when
in writing in advance;
b. workers demand resignation submitted in writing on their
own without any indication of the pressure / intimidation from the employers, the end
working relationship in accordance with the agreement specified time for the first time;
c. workers reach retirement age in accordance with the provisions in the agreement,
company regulations, collective labor agreements, or legislation;
or
d. workers died.

Article 155
(1) Termination of employment without any stipulation as referred to in Article 151
paragraph (3) null and void.
(2) During the decision of dispute settlement institutions of industrial relations has not
set, both employers and unions should continue to perform all
obligations.
(3) Employers can make deviation to the provisions
referred to in paragraph (2) in the form of a suspension action to the workers who are
in the process of termination of employment with the remains obligated to pay the wage and
other rights which normally receives workers.

Article 156
(1) In the event of termination of employment, employers are required to pay money
or cash severance and gratuity and reimbursement rights
should be accepted.
(2) The calculation of severance pay as set forth in paragraph (1) at least
as follows:
a. working period of less than 1 (one) year, 1 (one) month of wages;
b. working period 1 (one) year or more but less than 2 (two) years, 2 (two) months
wages;
c. working period of 2 (two) years or more but less than 3 (three) years, 3 (three) months
wages;
d. working period of 3 (three) years or more but less than 4 (four) years, four (4)
months of wages;
e. working period of 4 (four) years or more but less than 5 (five) years, five (5)
months of wages;
f. working period of 5 (five) years or more, but less than 6 (six) years, 6 (six)
months of wages;
g. working period of 6 (six) years or more but less than 7 (seven) years, seven (7)
months wages.
h. working period of 7 (seven) years or more but less than 8 (eight) years, 8
(Eight) months of wages;
i. working period of 8 (eight) years or more, 9 (nine) months wages.
(3) The calculation of gratuity money referred to in paragraph (1)
defined as follows:
a. working period of 3 (three) years or more but less than 6 (six) years, two (2)
months of wages;
b. working period of 6 (six) years or more but less than 9 (nine) years, three (3)
months of wages;
c. working period of 9 (nine) years or more but less than 12 (twelve) years, 4
(Four) months wages;
d. working period of 12 (twelve) years or more but less than 15 (fifteen) years,
5 (five) months wages;
e. working period of 15 (fifteen) years or more but less than 18 (eighteen)
year, 6 (six) months salary;
f. working period of 18 (eighteen) years or more but less than 21 (twenty
one) year, 7 (seven) months wages;
g. working period of 21 (twenty one) years or more but less than 24 (twenty
four) years, 8 (eight) months of wages;
h. working period of 24 (twenty four) years or more, 10 (ten) months of wages.
(4) Money received compensation that should be referred to in paragraph
(1) includes:
a. annual leave not taken and has not fallen;
b. costs or expenses for the workers and their families to the place where
workers accepted to work;
c. replacement housing and medical care and set at 15% (five
twelve percent) of severance pay and / or cash gratuity for
qualified;
d. other matters set forth in employment agreements, company regulations or
collective bargaining.
(5) Changes in the calculation of severance pay, calculation of gratuity money,
and compensation pay for rights referred to in paragraph (2), paragraph (3), and paragraph
(4) stipulated by Government Regulation.

Article 157
(1) wage component that is used as the basis for the calculation of severance pay, money
gratuity, and compensation rights that should be accepted that
delayed, consisting of:
a. basic wage;
b. all kinds of forms that are fixed allowances given to
workers and their families, including the purchase price of the supply
provided to workers free of charge, that if the power supply must
paid the workers with subsidies, so as wages is considered the difference between
purchase price with the price paid by the workers.
(2) In case the worker / laborer is paid on a daily calculation, then
monthly income is equal to 30 times a day income.
(3) In the case of wage workers are paid on the basis of the results of the calculation unit,
discount / wholesale or commission, the daily income is equal to
average income per day for 12 (twelve) months, with provision
can not be less than the minimum wage provisions of the provincial or district / city.
(4) In case the work depends on weather conditions and wages are based on
piece rate, then the calculation of the monthly wage is calculated from the average wage of 12 (two
twelve) months.

Article 158
(1) Employers can terminate the employment of workers on the grounds
workers have made serious errors as follows:
a. fraud, theft, or embezzlement of goods and / or money belonging
company;
b. provide false information or forged to the detriment of
company;
c. intoxicated, drinking intoxicating liquor, use and / or
distribute narcotics, psychotropic and other addictive substances in the workplace;
d. wanton acts or gambling in the workplace;
e. attack, persecute, threaten, or intimidate fellow worker or
entrepreneurs in the working environment;
f. persuade co-workers or employers to do the act which
contrary to the laws and regulations;
g. recklessly or intentionally destroy or let in danger
property of the company to incur losses for the company;
h. recklessly or knowingly allow co-workers or employers in
hazards in the workplace;
i. disassemble or divulge company secrets which should not be disclosed
except for the interest of the state; or
j. perform other acts within the company that threatened criminal
imprisonment of 5 (five) years or more.
(2) Error weight as referred to in paragraph (1) must be supported by evidence
as follows:
a. workers caught red-handed;
b. there is recognition of the workers concerned; or
c. other evidence in the form of incident reports made by the authorities in
companies concerned and supported by at least 2 (two)
witnesses.
(3) Workers whose employment is terminated on the grounds as
referred to in paragraph (1), can earn money as compensation
referred to in Article 156 paragraph (4).
(4) For those workers referred to in paragraph (1) the duties and functions
not directly represent the interests of employers, in addition to compensation pay
in accordance with the provisions of Article 156 paragraph (4) given the amount of severance payments and
implementation set out in the work agreement, company regulations, or agreements
working together.

Article 159
If the workers do not accept termination of employment as referred to
in Article 158 paragraph (1), the workers concerned may file a lawsuit to
industrial dispute settlement institutions.

Article 160
(1) In the case of workers detained by the authorities because of suspected
criminal complaint rather than on the entrepreneur, the entrepreneur is not obliged
pay wages but must provide assistance to the families of workers who
dependents with the following conditions:
a. for 1 (one) dependents: 25% (twenty five percent) of their wages;
b. for 2 (two) dependents: 35% (thirty five percent) of their wages;
c. for 3 (three) dependents: 45% (forty-five percent) of their wages;
d. to 4 (four) or more dependents: 50% (fifty percent) of
wages.
(2) Aid as referred to in paragraph (1) provided for a maximum of 6 (six)
Takwin month was counted from the first day workers were detained by the party
authorities.
(3) The entrepreneur may terminate the employment of workers who
after 6 (six) months can not do the job properly because
in the process of criminal cases referred to in paragraph (1).
(4) If the court decides criminal cases before the 6 (six) months
referred to in paragraph (3) ends and the workers declared
guilty, then the employer must hire the workers back.
(5) In the event the court decided the criminal case before the 6 (six) months
ended and the workers were found guilty, then the employer can do
termination of employment to the workers concerned.
(6) Termination of employment relationship as referred to in paragraph (3) and paragraph (5)
conducted without the establishment of industrial dispute settlement institutions.
(7) Employers must pay workers who had terminated
working relationship as it referred to in paragraph (3) and paragraph (5), money
gratuity 1 (one) of Article 156 (3) and money
reimbursement entitlements according to the provisions of Article 156 paragraph (4).

Article 161
(1) In the case of workers violates the provisions of
employment agreements, company regulations or collective labor agreements, employers can
perform termination of employment, after the workers who
concerned is given a warning letter first, second, and third consecutive.
(2) warning letter referred to in paragraph (1) applies to each
than 6 (six) months, unless otherwise specified in employment contracts, regulations
corporate or labor agreements.
(3) Workers who experience job termination by reason
referred to in paragraph (1) obtain severance pay amounting to 1 (one)
times of Article 156 (2), appreciation of work for 1 (one) time
Article 156 (3) and compensation pay in accordance with Article 156
subsection (4).

Article 162
(1) Workers who resign of their own accord, earn money
reimbursement rights pursuant to Article 156 (4).
(2) For employees who resign of their own accord, the task and
functions do not represent the interests of employers directly, in addition to receiving
compensation pay for entitlements according to the provisions of Article 156 paragraph (4) be given severance pay that
magnitude and its implementation is set in the agreement, company regulations or
collective bargaining.
(3) The employees who resigned as referred to in paragraph (1) must
meet the following requirements:
a. submit a resignation in writing no later than 30
(Thirty) days before the date of resignation;
b. not bound in the bond department, and
c. continue to perform its obligations until the date of resignation.
(4) Termination of employment by reason of the resignation of its own accord
done without emphasis Tapan industrial dispute settlement institutions.

Article 163
(1) The entrepreneur may terminate the employment of workers in
things happen for change of status, merger, consolidation, or change of ownership
companies and employees are not willing to continue the employment relationship, then
workers are entitled to severance pay amounting to 1 (one) time in accordance with Article
156 paragraph (2), the award money working period 1 (one) of Article 156 (3)
and compensation pay for entitlements according to the provisions of Article 156 paragraph (4).
(2) The entrepreneur may terminate the employment of workers because
change of status, amalgamation, or smelting companies, and employers are not
willing to accept the workers in his company, then workers are entitled to
severance pay for 2 (two) times the provisions of Article 156 paragraph (2), currency appreciation
working period 1 (one) time the provisions of Article 156 paragraph (3), and compensation pay
accordance with the provisions in Article 156 paragraph (4).

Article 164
(1) The entrepreneur may terminate the employment of workers because
cap companies that caused the company suffered losses continue
continuously for 2 (two) years, or circumstances force (force majeure), with
provisions of the workers entitled to severance pay amounting to 1 (one) time the
Article 156 paragraph (2) cash gratuity amounting to 1 (one) time the provisions of Article
156 subsection (3) and compensation pay for entitlements in accordance of Article 156 (4).
(2) losses as referred to in paragraph (1) must be proved with
financial statements 2 (two) last year, audited by public accountants.
(3) The entrepreneur may terminate the employment of workers because
company closed not because of a loss of 2 (two) consecutive years or
not because circumstances force (force majeure), but the company's efficiency,
with the provisions of the workers entitled to severance pay amounting to 2 (two) times
provisions of Article 156 paragraph (2), appreciation of work for 1 (one) time
Article 156 (3) and compensation pay in accordance with Article 156
subsection (4).

Article 165
Employers may terminate the employment of workers because
bankrupt company, provided the workers are entitled to severance pay amounting to 1
(One) of Article 156 (2), appreciation of work for 1 (one) time
Article 156 (3) and compensation pay for entitlements in accordance of Article 156
(4).


Article 166
In terms of employment relationship ends because the workers died, the expert
beneficiaries are given a large sum of money equal to the calculation of second calculation
(Two) times the severance pay according to the provisions of Article 156 paragraph (2), 1 (one) times the money
gratuity in accordance with Article 156 (3), and compensation pay
accordance with the provisions of Article 156 paragraph (4).

Article 167
(1) The entrepreneur may terminate the employment of workers because
retirement age and if employers have to include the workers in
pension plan which the fee was paid in full by the employer, the workers
not entitled to severance pay in accordance with Article 156 paragraph (2), money
gratuity in accordance with Article 156 (3), but remains entitled to
compensation pay for entitlements according to the provisions of Article 156 paragraph (4).
(2) In the event that the amount of insurance or pension benefits received while in
pension plan as referred to in paragraph (1) is smaller than
amount of severance pay 2 (two) times the provisions of Article 156 paragraph (2) and cash awards
working period 1 (one) of Article 156 (3), and appropriate compensation pay
Article 156 (4), the difference is paid by employers.
(3) In the event that the entrepreneur has to include workers in pension schemes
which the fee / premium was paid by employers and employees, so that
severance pay is calculated by the pension premiums / contributions
paid by employers.
(4) The provisions referred to in paragraph (1), subsection (2), and paragraph (3) can be arranged
others in the work agreement, company regulations or collective labor agreements.
(5) If the employer does not include workers who have
termination of employment due to retirement on the pension program
employers must give workers severance pay amounting to 2 (two)
times of Article 156 (2), appreciation of 1 (one) time the
Article 156 paragraph (3) and compensation pay for entitlements according to the provisions of Article 156 paragraph (4).
(6) The right to a pension benefit referred to in paragraph (1), subsection (2), paragraph
(3), and paragraph (4) did not eliminate the right of workers to security old age
is mandatory in accordance with legislation and regulations.

Article 168
(1) The employees are absent for 5 (five) working days or more in a row without
written explanation was equipped with valid evidence and have been called
by employers 2 (two) times if properly written employment can be terminated
as qualified to resign.
(2) Description written with valid evidence referred to in paragraph (1)
must be submitted on the first day workers go to work.
(3) Termination of employment relationship as referred to in paragraph (1) workers who
concerned is entitled to receive compensation pay for entitlements according to the provisions of Article 156 paragraph
(4) and given the amount of severance payments and implementation set out in
employment agreements, company regulations or collective labor agreements.

Article 169
(1) The employees may apply for termination of employment to
dispute settlement institutions of industrial relations in terms of employers'
acts as follows:
a. persecuted, insulted by rude or threatening the workers;
b. persuade and / or ordered the workers to perform acts that
contrary to the laws and regulations;
c. not paid wages on time has been determined for 3 (three) months
a row or more;
d. not perform the obligation which has been promised to the workers;
e. ordered the workers to perform jobs outside the
agreement; or
f. providing life-threatening jobs, safety, health, and
decency workers while the work is not listed on
employment agreement.
(2) Termination of employment on the grounds referred to in paragraph (1)
workers entitled to severance pay 2 (two) times of Article 156
(2), appreciation of 1 (one) of Article 156 (3), and money
reimbursement rights pursuant to Article 156 (4).
(3) If the employer does not otherwise act as referred to
in paragraph (1) by the settlement of industrial disputes then
employer may terminate the employment without setting institutions
settlement of industrial disputes and workers concerned
not entitled to severance pay according to the provisions of Article 156 paragraph (2), and money
gratuity in accordance with Article 156 (3).

Article 170
Termination of employment that do not meet the stipulations of Article 151 paragraph-host (3)
and Article 168, except Article 158 paragraph (1), Article 160 paragraph (3), Article 162 and Article 169
null and void and the employer must employ the workers concerned
and pay all the wages and rights that should be accepted.

Article 171
Workers who experienced job separation without setting institutions
settlement of industrial disputes referred to the competent
in Article 158 paragraph (1), Article 160 paragraph (3), and Article 162, and the workers who
concerned can not accept the termination of employment, the
unions can file a lawsuit to dispute settlement institutions
industrial in no later than 1 (one) year from the date of termination
employment.

Article 172
Workers who experience prolonged pain, disability due to accident
work and unable to perform his job after exceeding the limit of 12 (twelve)
months can apply for termination of employment and severance pay awarded two (2)
times of Article 156 (2), appreciation of work 2 (two) times the provisions of
Article 156 paragraph (3), and compensation rights of 1 (one) of Article 156 (4).


CHAPTER XIII
DIRECTIONS

Article 173
(1) The Government will guide the elements and activities
associated with ketenes-gakerjaan.
(2) Guidance referred to in paragraph (1), may include follow-organization
entrepreneurs, series-kat unions, and related professional organizations.
(3) Guidance as referred to in paragraph (1), and paragraph (2), implemented
integrated and coordinated.

Article 174
In order to develop employment, government, entrepreneurs, trade
unions and professional organizations related to cooperation
international labor affairs in accordance with laws and regulations
applicable.

Article 175
(1) The Government may give awards to people or institutions that have
instrumental in the development of manpower target.
(2) Award referred to in paragraph (1) may be given in the form
charter, money, and / or any other form.


CHAPTER XIV
SUPERVISION

Article 176
Control of labor performed by employees of the employment supervisor
competent and independent in order to ensure the implementation of regulations
employment legislation.

Article 177
Employee labor inspectors as stipulated in Article 176 stipulated
by the Minister or a designated official.


Article 178
(1) Supervision of employment conducted by a separate working units in agency
the scope of duties and responsibilities in the field of labor at
central government, provincial government and district governments.
(2) The labor inspection as referred to in paragraph (1)
regulated by Presidential Decree.

Article 179
(1) work unit labor inspection as referred to in Article 178 on
provincial and district governments must submit reports
monitoring the implementation of employment to the Minister.
(2) The procedure for submission of the report referred to in paragraph (1) set
by Ministerial Decree.

Article 180
Provisions regarding the requirements for designation, rights and obligations, and authority
employee labor inspectors as stipulated in Article 176 in accordance
with legislation and regulations.

Article 181
Employee labor inspectors in carrying out its duties as it
referred to in Article 176 shall:
a. keep all things that by nature should be kept secret;
b. not abuse its authority.


CHAPTER XV
Investigations

Article 182
(1) In addition to investigating police officers of the Republic of Indonesia, also offers employees
labor inspectors to be given special authority as investigators employees
civil servants in accordance with laws and regulations.
(2) The Civil Servant Investigator as referred to in paragraph (1) is authorized:
a. To examine and report information concerning acts of
field of employment;
b. To investigate individuals suspected of committing criminal offenses in
manpower;
c. request for information and evidence from the person or legal entity in connection
with criminal offenses in the field of employment;
d. conduct the examination or seizure of materials or material evidence in the case
criminal acts in the field of employment;
e. To examine papers and / or other documents regarding crimes
manpower;
f. ask for help from professionals in the framework of implementation of the tasks of investigation of criminal
offenses in the field of employment; and
g. terminate the investigation if there is insufficient evidence to prove
about the presence of criminal acts in the field of employment.
(3) The authority of civil servant investigators as referred to in paragraph (2)
implemented in accordance with legislation and regulations.




CHAPTER XVI
CRIMINAL PROVISIONS AND
ADMINISTRATIVE SANCTIONS

Part One
Criminal Provisions

Article 183
(1) Any person who violates the provisions referred to in Article 74, subject to
sanctions imprisonment for 2 (two) years and a maximum of 5 (five) years
and / or a fine of USD $ 200,000,000.00 (two hundred million rupiah) and
a lot of USD 500,000,000.00 (five hundred million rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
crime.

Article 184
(1) Any person who violates the provisions referred to in Article 167 paragraph (5),
shall be liable to imprisonment for 1 (one) year and a maximum of five (5)
years and / or a fine of Rp 100.000.000,00 (one hundred million rupiah) and
a lot of USD 500,000,000.00 (five hundred million rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
crime.

Article 185
(1) Any person who violates the provisions referred to in Article 42 paragraph (1) and
paragraph (2), Article 68, Article 69 paragraph (2), Article 80, Article 82, Article 90 paragraph (1), Article 143,
and Article 160 paragraph (4) and paragraph (7), shall be liable to imprisonment for a
(One) year and a maximum of 4 (four) years and / or a fine of at least USD
100.000.000,00 (one hundred million rupiah) and a maximum of USD 400,000,000.00 (four
hundred million rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
crime.

Article 186
(1) Any person who violates the provisions referred to in Article 35 paragraph (2) and
paragraph (3), Article 93 paragraph (2), Article 137, and Article 138 paragraph (1), subject to criminal sanctions
imprisonment of at least 1 (one) month and a maximum of 4 (four) years and / or fines
at least Rp 10.000.000,00 (ten million rupiah) and a maximum of
400,000,000.00 (four hundred million rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
violations.

Article 187
(1) Any person who violates the provisions referred to in Article 37 paragraph (2),
Article 44 paragraph (1), Article 45 paragraph (1), Article 67 paragraph (1), Article 71 paragraph (2), Article 76, Article
78 paragraph (2), Article 79 paragraph (1), and paragraph (2), Article 85 paragraph (3), and Article 144, subject to
criminal sanction in jail for a minimum of 1 (one) month and a maximum of 12 (twelve)
months and / or a fine of between Rp 10.000.000,00 (ten million rupiah) and
of Rp 100.000.000,00 (one hundred million rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
violations.

Article 188
(1) Any person who violates the provisions referred to in Article 14 paragraph (2),
Article 38 paragraph (2), Article 63 paragraph (1), Article 78 paragraph (1), Article 108 paragraph (1), Article 111
paragraph (3), Article 114 and Article 148, shall be liable to a fine of at least USD
5.000.000,00 (five million rupiah) and a maximum of USD $ 50,000,000.00 (fifty million
rupiah).
(2) The criminal action as referred to in paragraph (1) is a criminal act
violations.


Article 189
Sanctions imprisonment, confinement, and / or a fine not eliminate liability
employers pay for the rights and / or damages to the work force or
workers.
Part Two
Administrative Sanctions

Article 190
(1) The Minister or a designated official shall impose sanctions for violations of administrative
the provisions as stipulated in Article 5, Article 6, Section 15, Article 25,
Article 38 paragraph (2), Article 45 paragraph (1), Article 47 paragraph (1), Article 48, Article 87, Article 106,
Article 126 paragraph (3), and Article 160 paragraph (1) and paragraph (2) of this Act and
implementing regulations.
(2) The administrative sanctions referred to in paragraph (1) of the form:
a. reprimand;
b. written warning;
c. restrictions on business activities;
d. suspension of business activity;
e. cancellation of approval;
f. cancellation of registration;
g. suspension of part or all of the means of production;
h. revocation of license.
(3) The provisions concerning administrative sanctions as referred to in paragraph (1) and
paragraph (2) shall be further regulated by the Minister.



CHAPTER XVII
TRANSITIONAL PROVISIONS

Article 191
All regulations governing the implementation of employment remains in force throughout
not contradictory and / or has not been replaced with a new regulation based on
This law.


CHAPTER XVIII
FINAL PROVISIONS

Article 192
At the time of enactment of this Act, then:
1. Ordinance concerning the Mobilization Indonesia To Perform Work Outside
Indonesia (Staatsblad Year 1887 Number 8);
2. Ordinance dated December 17, 1925 Regulations on Child Labour and Restrictions
Night Work for Women (Staatsblad Year 1925 Number 647);
3. Ordinance of 1926 Regulations on Working Children And Young People In
Top Ships (Staatsblad Year 1926 Number 87);
4. Ordinance dated May 4, 1936 concerning Ordinance to Regulate Activities of activities
Candidates Seeking Workers (Staatsblad Year 1936 Number 208);
5. 5. Ordinance concerning the Repatriation of Workers Mobilized Or Received From Outside
Indonesia (Staatsblad Year 1939 Number 545);
6. Ordinance No. 9 of 1949 concerning Employment Restrictions Children (Staatsblad
Year 1949 No. 8);
7. Law No. 1 Year 1951 concerning the Declaration of the Enactment of legislation
Work Year 1948 Number 12 From the Republic of Indonesia Indonesia To All
(State Gazette Year 1951 Number 2);
8. Act No. 21 Year 1954 regarding Labor Agreement Between the States
Workers And Employers (State Gazette Year 1954 Number 69, Supplement
State No. 598a);
9. Law No. 3 Year 1958 concerning the Placement of Foreign Manpower (State Gazette
Year 1958 Number 8);
10. Law Number 8 Year 1961 concerning Compulsory Work Degree (State
Year 1961 Number 207, Additional State Gazette Number 2270);
11. Act No. 7 of 1963 on the Prevention PNPS Strike and / or
Closure (Lock Out) On the Company, Division, and National Yang Vital (Gazette
Year 1963 Number 67);
12. Act No. 14 of 1969 on Basic Provisions Concerning
Manpower (State Gazette Year 1969 Number 55, Supplement
No. 2912);
13. Law No. 25 of 1997 concerning Manpower (State Gazette
Year 1997 Number 73, Supplementary State Gazette Number 3702);
14. Law Number 11 Year 1998 on the Applicability of Changes The law
Number 25 of 1997 concerning Manpower (State Gazette
1998 Number 184, Additional State Gazette Number 3791);
15. Act No. 28 of 2000 on Stipulation of Government Regulation
In lieu of Law No. 3 of 2000 on The law Amendment
Number 11 of 1998 on the Applicability of Amendment Act No.
25 of 1997 on Labour's work into Act (State Gazette
2000 No. 240, Additional State Gazette Number 4042),
are no longer valid.


Article 193
This law shall come into force on the date of promulgation.
For every person to know, ordered enactment of this law
the Official Gazette of the Republic of Indonesia.





                                                                                    Ratified in Jakarta
                                                                                         on March 25, 2003
                   PRESIDENT OF THE REPUBLIC OF INDONESIA
                                                                                                Signed
Megawati Sukarnoputri







Promulgated in Jakarta
on March 25, 2003
SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA
Signature
Bambang Kesowo

REPUBLIC OF INDONESIA YEAR 2003 NUMBER 39














P E N A E L A S A N
A T A S
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 13 YEAR 2003
ABOUT
EMPLOYMENT

I. GENERAL
Manpower development as an integral part of national development
based on Pancasila and the Constitution of the Republic of Indonesia
1945, carried out in order to complete development of the Indonesian and
development to all Indonesian people to improve the dignity, the dignity,
and the dignity of labor as well as realizing the community prosperous, just, prosperous, and
uneven, both materially and spiritually.
Development of employment must be arranged in such a way that fulfilled the rights of
and the fundamental protections for workers and unions as well as on
At the same time to create conditions conducive to the development of
business world.
Construction employment has many dimensions and linkages.
The linkage was not only the interests of labor during, before and
after years of service but also the relationship with the interests of employers,
government, and society. To that end, a comprehensive adjustment is necessary
and comprehensive to include human resource development,
increased productivity and competitiveness of Indonesian workers, efforts to extend
employment opportunities, employment services, and building relationships
industrial.
Development of industrial relations as part of manpower development
should be directed to continue to realize the harmonious industrial relations,
dynamic, and equitable. Therefore, recognition and respect for human rights
humans as stated in the TAP MPR No. XVII/MPR/1998
must be realized. In the field of employment, MPR is a
major milestone in establishing democracy in the workplace. Enforcement of democracy
in the workplace is expected to encourage optimum participation of all
and labor unions of Indonesia to build Indonesia's state
aspired.
Several laws and regulations concerning labor force
so far, including some that is a product of colonial rule, placing
workers at a disadvantage in manpower placement services
labor and industrial relations systems that highlight the differences and the position
interest that is deemed no longer appropriate to the needs of today's
and the demands of the future.
Legislation are:
•
Outside of Indonesia (Staatsblad 1887, No. 8);
•
And Night Work for Women (Staatsblad Year 1925 Number 647);
•
Top Ships (Staatsblad Year 1926 Number 87);
•
Candidates Seeking Workers (Staatsblad Year 1936 Number 208);
•
Indonesia (Staatsblad Year 1939 Number 545);
•
Year 1949 No. 8);
•
Work in 1948 No. 12 of the Republic of Indonesia for All
Indonesia (State Gazette Year 1951 Number 2);
•
Trade Unions and Employers (State Gazette Year 1954 Number 69, Supplement
State Gazette No. 598 a);
•
(State Gazette Year 1958 Number 8);
•
Year 1961 Number 207, Supplement No.
2270);
•
and / or Closure (Lock Out) On the Company, and National Bureau of Vital
(State Gazette Year 1963 Number 67);
•
of Manpower (State Gazette 1969 No. 55, Supplement
State Gazette Number 2912);
•
Of 1997 No. 73, Additional State Gazette Number 3702);
•
Number 25 of 1997 concerning Manpower (State Gazette
1998 Number 184, Additional State Gazette Number 3791); and
•
In lieu of Law No. 3 of 2000 on The law Amendment
Number 11 Year 1998 on Amendment Act Applicability
Number 25 of 1997 concerning Manpower Become Law
(State Gazette Year 2000 Number 240, Supplement No.
4042).
Legislation mentioned above is deemed necessary to be revoked and
replaced with new legislation. The provisions are still relevant
of legislation which long housed in this Act.
Regulation of the implementation of laws that have been revoked still remain in force
prior to the enactment of new regulations in place.
This Act in addition to revoke the provisions which do not fit anymore
with the demands and development of the age, was also intended to accommodate
a very fundamental change in all aspects of life of the nation of Indonesia
commencement of the reform era in 1998.
International labor affairs, respect for human rights in
workplace are identified by 8 (eight) core conventions of the International Labour
Organization (ILO). This basic Conventions consist of 4 (four) groups:
•
•
•
•
Recognition of Indonesia's commitment to human rights in place
employment, among others, realized with the ratification of core conventions of the eighth.
In line with the ratification of conventions on fundamental rights, the Act
organized labor should also reflect the obedience and respect
the seven basic principles.
This Act includes:
•
•
•
labor;
•
workforce skills and expertise to improve labor productivity
and company productivity.
•
optimally and employment in jobs that match
the dignity of humanity as a form of government responsibility and
community in an effort to expand employment opportunities;
•
required;
•
to foster a harmonious relationship, dynamic, and equitable
among the perpetrators of the production process;
•
working together, cooperation agencies bipartite, tripartite cooperation institutions,
prison industrial relations and the settlement of relations perselisih
industrial;
•
unions to negotiate with employers, safety protection, and
occupational health, special protection for female workers, children, and
with disabilities, as well as protection of wages, welfare, and security
social workers;
•
in the field of employment is actually carried out as
properly.

II. ARTICLE BY ARTICLE

Article 1

Clear enough

Article 2
Construction employment held within the framework of human builder
Indonesia completely. Therefore, development of employment held
to realize human beings and people of Indonesia are prosperous, just, prosperous,
and evenly both materially and spiritually.

Article 3
The principle of employment development is basically in accordance with the principle of development
nationally, particularly the principle of Pancasila democracy and the principle of fair and equitable.
Construction employment has many dimensions and linkages with
various parties, namely between government, employers and workers. Therefore,
employment development carried out in an integrated way in the form of cooperation
mutually supportive.

Article 4
Letter a
Empowerment and utilization of labor is an activity which
integrated in order to provide employment opportunities as possible for workers
Indonesia. Through empowerment and empowerment is expected labor
Indonesia to participate optimally in National Development, but
while upholding the values of humanity.
Letter b
Equality of employment opportunities should be sought in the entire territory of the Unitary State
Republic of Indonesia as a whole the job market by providing opportunities
the same to obtain employment for the entire Indonesian workforce in accordance
with talents, interests, and abilities. Similarly, equity placement
labor is necessary that to fill needs in all sectors and
area.
Letter c
Clear enough
Letter d
Clear enough

Article 5
Every labor has the right and equal opportunity to obtain
decent work and livelihoods regardless of gender, ethnicity, race,
religion, and political streams in accordance with the interests and abilities of labor
concerned, including equal treatment of persons with disabilities.

Article 6
Employers shall provide rights and obligations of workers regardless of their
gender, ethnicity, race, religion, color, and political currents.

Article 7
Paragraph (1)
Manpower planning is prepared and approved by the government done
approach to manpower planning national, regional, and sectoral.
Paragraph (2)
Letter a
What is meant by macro workforce planning is the process of preparation
systematic manpower plan that includes utilization of energy
work optimally, and productive in order to support economic growth or
social, whether national, regional, or sector so as to open
widest possible employment opportunities, increase productivity and improve
welfare workers.
Letter b
What is meant by micro manpower planning is the process of preparing
systematic manpower planning in an agency, both agencies
government and private sectors in order to increase the utilization of labor
optimally and productively to support the achievement of high performance
agency or company concerned.
Paragraph (3)
Clear enough

Article 8
Paragraph (1)
Employment information was collected and processed in accordance with the intention of the formulation
national manpower planning, manpower planning of the province or
districts.
Paragraph (2)
In the context of manpower development, private participation is expected to
provide information about employment. The definition includes private
companies, universities, and non-governmental organizations at national, provincial
or district / city.
Paragraph (3)
Clear enough

Article 9
What is meant by an increase in welfare in this article are the well-being
for workers who obtained because of the fulfillment of job competence through training
work.

Article 10
Paragraph (1)
Clear enough
Paragraph (2)
Determination of competency standards work undertaken by the Minister as to include
related sectors.
Paragraph (3)
Level of job training in general consisted of a basic level, skilled, and expert.
Paragraph (4)
Clear enough

Article 11
Clear enough

Article 12
Paragraph (1)
Users skilled workforce is a businessman, entrepreneur therefore
responsible for job training to improve competence
workers.
Paragraph (2)
Improvement and / or development of competencies required for employers because
companies that will benefit the competence of workers.
Paragraph (3)
The implementation of job training tailored to the needs and opportunities exist
in the company so as not to disrupt the smooth operation of the company.


Article 13
Paragraph (1)
What is meant by private sector also includes job training job training
company.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 14
Paragraph (1)
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
Registration of training activities organized by government agencies
intended to obtain information so that the results of training, facilities and
training infrastructure can be optimally effective and efficient.
Paragraph (4)
Clear enough

Article 15
Clear enough
Article 16
Clear enough

Article 17
Clear enough

Article 18
Paragraph (1)
Clear enough
Paragraph (2)
Certification of competencies is the process of granting certificates of competency by
systematically and objectively through a competency test which refers to the standard
national competence and / or international.
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough

Article 19
Clear enough

Article 20
Paragraph (1)
National job training system is the linkage and integration of various elements
job training which include participants, cost, facilities, and infrastructure, energy
coaching, programs and methods, as well as graduates. With a system of job training
nationally, all the elements and the national job training resources scattered
government agencies, private sector, and companies can be optimally utilized.
Paragraph (2)
Clear enough

Article 21
Clear enough

Article 22
Paragraph (1)
Clear enough
Paragraph (2)
Rights apprenticeship participants to obtain any pocket money and / or transportation costs,
obtain social security workers, obtained a certificate if passed in
end of the program.
Rights of employers, among others, are entitled to work / apprenticeship participant services, recruit
interns as workers if it fulfills the requirements.
Liabilities apprenticeship participants, among others obey apprenticeship agreement, following
order apprenticeship program, and follow company rules.
The obligations of the employer, among others, provide pocket money and / or money
transport for participants apprenticeship, providing training facilities, providing
instructors, and occupational safety and health equipment.
The term of apprenticeship varies according to the length of time necessary to
achieve the competency standards set out in the apprenticeship training program.
Paragraph (3)
With status as workers in the enterprises concerned, it is entitled
over all matters governed by the company regulations or collective labor agreements.

Article 23
Certification can be done by the certification body that is shaped and / or accredited
by the government when the program is general, or by the company
concerned if the program is specific.

Article 24
Clear enough

Article 25
Clear enough

Article 26
Clear enough

Article 27
Paragraph (1)
Clear enough
Paragraph (2)
What is meant by corporate interests in this paragraph is to ensure
availability of skilled workers and experts on a certain level of competence such as welders
specialist in water.
What is meant by public interest for example to open
opportunities for community use such as industry-specific
cultivation technology with tissue culture.
What is meant by the interests of such countries to save foreign exchange,
then the company must implement an apprenticeship program such as expertise
making the tools of modern agriculture.

Article 28
Clear enough

Article 29
Clear enough

Article 30
Clear enough

Article 31
Clear enough

Article 32
Paragraph (1)
The meaning of open is the provision of information to job seekers
clearly between other types of jobs, wages, and hours worked. This
necessary to protect workers and to avoid
after the labor dispute are located.
Smoking was defined as job seekers are free to choose the type of work and
employers are free to choose labor, so that job seekers are not justified
forced to accept a job and forced the employer is not justified
to accept the employment offered.
What is meant by objective is the employer to offer job
matched to job seekers in accordance with their capabilities and requirements
positions required, and must consider the public interest by not
impartial to the interests of certain parties.
What is meant by fair and equal is the placement of labor performed
based on the ability of labor and not based on race, sex,
color, religion, and political affiliation.
Paragraph (2)
Clear enough
Paragraph (3)
Equality of employment opportunities should be sought in the entire territory of the Republic
Indonesia as a unitary national job market by providing opportunities
the same to obtain employment for all workers in accordance with
talents, interests, and abilities. Similarly, equal employment opportunities need
aligned to be able to fill manpower needs in all sectors and regions.

Article 33
Clear enough

Article 34
Before the law regarding employment abroad
then all rules promulgated regulations that govern staffing
working abroad may apply.
Article 35
Paragraph (1)
The definition of employer is an employer in the country.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 36
Clear enough

Article 37
Paragraph (1)
Letter a
Determination of the responsible government agencies in the field of employment in
central and local levels are determined in accordance with laws and regulations
applicable.
Letter b
Clear enough
Paragraph (2)
Clear enough

Article 38
Clear enough

Article 39
Clear enough

Article 40
Clear enough

Article 41
Because of efforts to extend employment opportunities include cross-cutting, it should
developed national policies in all sectors that can absorb labor
optimal. For national policy could be implemented well, then
government and community together in a coordinated fashion watch.

Article 42
Paragraph (1)
The need for granting permission to use the labor of foreign nationals intended
for the use of foreign national workers carried out selectively in
Indonesian labor utilization framework optimally.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough
Paragraph (6)
Clear enough

Article 43
Paragraph (1)
Plan the use of foreign national workers is a requirement for
obtain a work permit (IKTA).
Paragraph (2)
Clear enough
Paragraph (3)
What is meant by international bodies in this paragraph are agencies
international non-profit institutions such as the shelter under
United Nations (UN), among others, the ILO, WHO, or UNICEF.
Paragraph (4)
Clear enough

Article 44
Paragraph (1)
What is meant by the competency standards are qualified to be possessed by
employment of foreign nationals, among others, knowledge, expertise, skills in
certain areas, and understanding of Indonesian culture.
Paragraph (2)
Clear enough

Article 45
Paragraph (1)
Letter a
Employment of foreign labor companion does not automatically replace or
occupy the position of foreign workers who accompany. Assistance is
more focused on technology transfer and transfer of expertise for workforce
companion may have the ability so that at the time expected
to replace foreign workers who accompany.
Letter b
Education and job training by employers can be held either in
domestically and by sending Indonesian workers to practice in
abroad.
Paragraph (2)
Clear enough

Article 46
Clear enough

Article 47
Paragraph (1)
The obligation to pay compensation is intended to support efforts
improving the quality of Indonesian human resources.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 48
Clear enough

Article 49
Clear enough

Article 50
Clear enough

Article 51
Paragraph (1)
In principle agreement be in writing, but see conditions
a diverse society possible employment agreement
oral.
Paragraph (2)
The agreement required written work must comply with regulations
applicable legislation, including employment agreement specified time,
antarkerja interregional, interstate antarkerja, and marine employment agreement.

Article 52
Paragraph (1)
Letter a
Clear enough
Letter b
What is meant by the ability or skill is the parties who are able
or qualified by law to make an appointment. For child labor, which
signed agreement is a parent or guardian.
Letter c
Clear enough
Letter d
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 53
Clear enough

Article 54
Paragraph (1)
Clear enough
Paragraph (2)
The meaning must not conflict in this paragraph is that if the
the company has no corporate regulations or collective labor agreements, the contents
agreement both quality and quantity of work should not be lower than the regulation
corporate or collective labor agreements at company
concerned.
Paragraph (3)
Clear enough

Article 55
Clear enough


Article 56
Clear enough

Article 57
Clear enough

Article 58
Clear enough

Article 59
Paragraph (1)
Employment agreement listed in this paragraph to the agency responsible for
field of employment.
Paragraph (2)
The meaning of work that are fixed in this paragraph is the work
that are continuous, not discontinuous, not limited by time and is
part of a production process in one company or jobs that are not
seasonal.
Non-seasonal jobs are jobs that do not depend on weather or
a certain condition. If the job is a job that continues to
continuous, uninterrupted, untimed, and is part of a
production process, but depending on the weather or the work was necessary because of the
a certain condition, the work is seasonal jobs
does not include a regular job so it can be the object of working time agreement
particular.
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough
Paragraph (6)
Clear enough
Subsection (7)
Clear enough
Paragraph (8)
Clear enough

Article 60
Paragraph (1)
Conditions of probation work should be included in employment contracts. If
employment agreement made orally, then the terms of probation should
notified to the workers concerned and included in the letter
appointment. In the event not included in the employment agreement or in a letter
appointment, the terms of probation is considered not working
there.
Paragraph (2)
Clear enough

Article 61
Paragraph (1)
Letter a
Clear enough
Letter b
Clear enough
Letter c
Clear enough
Letter d
Circumstances or specific events such as natural disasters, social unrest, or interruption
security.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
The meaning of the rights in accordance with the applicable legislation or
the rights that have been arranged in the work agreement, company regulations, or
collective bargaining are rights that should be given a better and
benefit the workers concerned.

Article 62
Clear enough

Article 63
Clear enough

Article 64
Clear enough

Article 65
Clear enough

Article 66
Paragraph (1)
In work related to the principal business activity or activities
directly related to the production process, employers are only allowed
employ workers with labor agreements specified time and / or
unspecified time work agreement.
The definition of auxiliary service activities or activities that are not related
directly with the production process are related activities outside the business
principal (Core business) a company.
Activities include: business cleaning service (Cleaning service), business
providing food for workers catering, business security personnel
(Security / security forces), enterprise support services in the mining and
petroleum and transportation supply business workers.
Paragraph (2)
Letter a
Clear enough
Letter b
Clear enough
Letter c
Protection of wages and welfare, working conditions and the completion
disputes between the service provider with labor unions must comply
with legislation and regulations.
Workers who work in services companies, unions gain
rights (the same) in accordance with labor agreements, company regulations, or agreements
working together to protection of wages and welfare, working conditions, and
disputes that arise with workers at the company's other service users
workers.
Letter d
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 67
Paragraph (1)
Protection as referred to in this paragraph for example the provision of
accessibility, provision of working tools, and personal protective equipment, adjusted for
the type and degree of handicap.
Paragraph (2)
Clear enough

Article 68
Clear enough

Article 69
Clear enough

Article 70
Clear enough

Article 71
Paragraph (1)
The provisions in this paragraph is intended to protect children for development
talents and interests, which generally appears at this age are not inhibited.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 72
Clear enough

Article 73
Clear enough

Article 74
Clear enough

Article 75
Paragraph (1)
Reduction of children who work outside the employment relationship is intended to
eliminate or reduce the children who work outside the employment relationship. Effort
must be done in a planned, integrated and coordinated with agencies
related.
Children who work outside the employment relationship such as a shoeshine boy or a child
Newspaper sellers.
Paragraph (2)
Clear enough

Article 76
Paragraph (1)
In charge of violation of this subsection is a businessman. If
female workers are referred to in this paragraph are employed between the hours of
23:00 until 07.00 then responsible for the violations
are entrepreneurs.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough

Article 77
Paragraph (1)
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
The definition of the business sector or a particular job in this paragraph for example
work on offshore oil drilling, long-distance transport drivers, flight
distance, work on the ship (sea), or logging.
Paragraph (4)
Clear enough

Article 78
Paragraph (1)
Employing more than work time must be avoided as much as possible
workers should have adequate time to rest and recover
fitness. However, in certain cases there is an urgent need
which must be resolved immediately and can not be avoided so that the workers should
work overtime.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 79
Paragraph (1)
Clear enough
Paragraph (2)
Letter a
Clear enough
Letter b
Clear enough
Letter c
Clear enough
Letter d
Over the long run the rest, workers were given cash compensation
annual leave eighth year at ½ (half) months salary and for the company
which have imposed a long break that is better than the provisions of laws
This, it should not detract from existing provision.
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough

Article 80
What is meant a chance to taste that provides a place for
practice their religion which allows workers to carry out
worship as well, according to the conditions and capabilities.

Article 81
Clear enough

Article 82
Paragraph (1)
The duration of rest may be extended based on the content of medical certificate
or midwife, both before and after childbirth.
Paragraph (2)
Clear enough

Article 83
What is meant by fitting opportunity in this article is the length of time
given to female workers to feed their babies
considering the availability of places in accordance with the conditions and capabilities
company, which is set in the company regulations or collective labor agreements.

Article 84
Clear enough

Article 85
Paragraph (1)
Clear enough
Paragraph (2)
The provisions in this paragraph is intended to serve the interests and welfare
general. In addition to work because of the nature and type of work
not allow the work was stopped.
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 86
Paragraph (1)
Clear enough
Paragraph (2)
Occupational safety and health efforts are intended to provide assurance
safety and improve the health of the workers in a way
prevention of occupational accidents and diseases, control of hazards in places
employment, health promotion, treatment, and rehabilitation.
Paragraph (3)
Clear enough

Article 87
Paragraph (1)
What is meant by safety and health management system is working
part of the company's overall management system that includes structure
organization, planning, implementation, responsibilities, procedures, processes, and sources
power needed for the development of implementation, achievement, assessment, and
maintenance of safety and health policies in order to control
risks associated with work activities in order to create a safe workplace,
efficient, and productive.
Paragraph (2)
Clear enough

Article 88
Paragraph (1)
The definition of income that meets a decent livelihood is
the amount of revenue or income workers from the results of his work so
able to meet the needs of workers and their families in a fair
includes food and beverages, clothing, housing, education, health,
recreation, and old age insurance.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 89
Paragraph (1)
Letter a
Clear enough
Letter b
Sectoral minimum wage can be set for the group and their business field
division according to the Indonesian business sector classifications for the district / city,
provincial, national and some provincial or should not be lower than wage
regional minimum area.
Paragraph (2)
What is meant by directed toward achieving the needs for decent living in
This paragraph is any setting of minimum wages should be adjusted to the stage
achievement of minimum wage comparison with the needs of decent living
the amount determined by the Minister.
Paragraph (3)
Clear enough
Paragraph (4)
Achieving decent living needs should be gradual because of the need
decent life is the increase of the minimum necessities of life
largely determined by the level of the business world.

Article 90
Paragraph (1)
Clear enough
Paragraph (2)
Pending the implementation of minimum wages for companies that can not afford
intended to free up the relevant company implement wage
applicable minimum within a certain time. If the suspension
over the relevant company must implement a minimum wage
prevailing at the time but is not obliged to pay wages to comply with
minimum prevailing at the time was given the suspension.
Paragraph (3)
Clear enough
Article 91
Clear enough

Article 92
Paragraph (1)
Preparation of the structure and pay scales are intended as guidelines wage setting
so that there is reasonable certainty each wage workers and to reduce
gap between the lowest and highest wage in the company concerned.
Paragraph (2)
A review of wage price adjustment made to the necessities of life, work performance,
development, and the ability of the company.
Paragraph (3)
Clear enough

Article 93
Paragraph (1)
This regulation is the principle which basically applies to all
workers, unless the workers concerned can not
do the job through no fault.
Paragraph (2)
Letter a
The definition of workers' sickness is sick, according to
doctor.
Letter b
Clear enough
Letter c
Clear enough
Letter d
What is meant by running the obligation of the state is carrying out
obligations of countries that have been regulated by legislation.
Payment of wages to workers who perform obligations to the state
implemented if:
a. countries do not make payments; or
b. the state pays less than the usual wage received by workers, in terms of
This then employers must pay the shortfall.
Letter e
The meaning of worship according to their religious obligations is
worship according to their religious obligations that have been arranged with
legislation.
Letter f
Clear enough
Letter g
Clear enough
Letter h
Clear enough
Letter i
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough

Article 94
What is meant by fixed allowances in this article are the payments
to the workers who carried out regularly and was not associated with
presence of workers or the achievement of certain performance.

Article 95
Paragraph (1)
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
The definition of precedence is the wage paid workers must be paid
earlier than on other debt.

Article 96
Clear enough

Article 97
Clear enough

Article 98
Clear enough

Article 99
Clear enough

Article 100
Paragraph (1)
The meaning of welfare facilities such as family service
planning, child care, housing workers, worship facilities,
sports facilities, canteen facilities, health facilities, and recreational facilities.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 101
Paragraph (1)
What is meant by productive efforts in the enterprise is an activity
economic nature that generate income outside of wages.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Paragraph (4)
Clear enough

Article 102
Clear enough

Article 103
Clear enough

Article 104
Paragraph (1)
The freedom to form, enter or not enter into a union member
unions is one of the basic rights of workers.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough

Article 105
Clear enough

Article 106
Paragraph (1)
In company with the number of workers is less than 50 (fifty) people,
communication and consultation is still to be done properly and individually
effective. In company with the number of workers 50 (fifty) persons or
more, communication and consultation needs to be done through a representative system.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough

Article 107
Clear enough

Article 108
Clear enough

Article 109
Clear enough

Article 110
Clear enough

Article 111
Paragraph (1)
Letter a
Clear enough
Letter b
Clear enough
Letter c
What is meant by the terms of the rights and obligations of employers and
workers who have not been regulated in legislation.
Letter d
Clear enough
Letter e
Clear enough
Paragraph (2)
The meaning must not conflict with the provisions of
applicable legislation is the company rule should not exceed
low quality or the quantity of legislation in force,
and if it is found contrary, it is applicable regulations
legislation.
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough

Article 112
Clear enough

Article 113
Clear enough

Article 114
Notification is done by distributing copies of company regulations
to each of the workers, put in place an easily readable by
workers, or provide an explanation directly to the workers.

Article 115
Clear enough

Article 116
Paragraph (1)
Clear enough
Paragraph (2)
Making collective labor agreement must be based on good faith, which means
there must be honesty and openness of the parties and volunteerism / awareness
means without any pressure from one party to another party.
Paragraph (3)
In the case of collective labor agreements made in the Indonesian language and translated
in another language, in case of difference of interpretation, then the applicable treaty
work together using the Indonesian language.
Paragraph (4)
Clear enough

Article 117
Settlement through dispute settlement procedures of industrial relations can
done through the institutions of industrial relations disputes.

Article 118
Clear enough
Article 119
Clear enough
Article 120
Clear enough
Article 121
Clear enough
Article 122
Clear enough
Article 123
Clear enough
Article 124
Paragraph (1)
Clear enough
Paragraph (2)
The definition must not conflict with laws and regulations that
applicable is the quality and quantity of contents collective bargaining should not exceed
lower than the statutory laws and regulations.
Paragraph (3)
Clear enough
Article 125
Clear enough
Article 126
Clear enough
Article 127
Clear enough
Article 128
Clear enough
Article 129
Clear enough
Article 130
Clear enough
Article 131
Clear enough
Article 132
Clear enough
Article 133
Clear enough
Article 134
Clear enough
Article 135
Clear enough
Article 136
Clear enough
Article 137
What is meant by the failure of negotiations in this chapter is not
settlement agreement which can be industrial relations disputes
is because employers do not want to conduct negotiations or talks
deadlocked.
The meaning of peace is orderly and does not interfere with the security and
public order, and / or threaten the safety of lives and property belonging
company or employer or other person or community property.
Article 138
Clear enough
Article 139
•
company which type of activities endanger the safety of human life
is a hospital, fire department, the guard rail crossing
fire, water door controller, air traffic controllers, and controllers and flow
cross the sea.
•
conducted by workers who are not running a task.
Article 140
Paragraph (1)
Clear enough
Paragraph (2)
Letter a
Clear enough
Letter b
Place strikes are the places determined by the responsible person
strike that did not prevent workers other to work.
Letter c
Clear enough
Letter d
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Article 141
Clear enough
Article 142
Clear enough
Article 143
Paragraph (1)
What is meant by hindering in this paragraph include the following manner:
a. sentencing;
b. intimidating in any form; or
c. conduct detrimental mutations.
Paragraph (2)
Clear enough
Article 144
Clear enough
Article 145
What is meant seriously violate the rights of the employers' normative
obviously not willing to fulfill its obligations as referred to and / or
stipulated in the agreement, company regulations, collective bargaining,
or employment legislation, although it has been set and
commanded by an officer responsible for labor affairs.
Payment of wages of workers who strike in this article does not eliminate
provisions of the imposition of sanctions against employers who violate
normative provisions.
Article 146
Paragraph (1)
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
In the case of company closure (Lock out) carried out unlawfully or
as retaliation against a legitimate strike on a normative claim, then
employers must pay the wages of workers.
Article 147
Clear enough
Article 148
Clear enough
Article 149
Clear enough
Article 150
Clear enough
Article 151
Paragraph (1)
The meaning of all efforts in this paragraph are the activities
positive which can ultimately avoid layoffs
such as working time arrangements, savings, improvement of work methods, and
provide guidance to workers.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Article 152
Clear enough
Article 153
Clear enough
Article 154
Clear enough
Article 155
Clear enough
Article 156
Clear enough
Article 157
Clear enough
Article 158
Clear enough
Article 159
Clear enough
Article 160
Paragraph (1)
Family workers who become dependents are spouse, child or person
legitimate a dependent workers under labor agreements, regulations
corporate or labor agreements.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough
Paragraph (6)
Clear enough
Subsection (7)
Clear enough
Article 161
Paragraph (1)
Clear enough
Paragraph (2)
Each letter of warning can be issued in sequence or not, according to
with the provisions stipulated in the employment agreement or company regulations or
collective bargaining.
In the event that a warning letter issued in sequence, the warning letter
The first applies for a period of 6 (six) months. If the workers do
re-offense provisions in employment agreements or company rules or
collective labor agreement is still within the grace period of 6 (six) months then
employer can issue a second warning letter, which also has a term
time is valid for 6 (six) months from the issuance of a second warning.
If the workers are still violating the provisions in employment contracts
or the company regulations or collective labor agreements, employers can
issued a third warning (final) is valid for 6 (six) months from
publication of the third warning.
If a third warning within the workers returned to
violation of employment agreement or company regulations or collective labor agreements,
then the employer may terminate the employment.
In this period of 6 (six) months from the issuance of the first warning letter
been exceeded, then if the workers in question perform again
violation of employment agreement or company regulations or collective labor agreements,
then the warning letter issued by the entrepreneur is back as
The first warning, as well as a warning also applies to second and third.
Employment agreement or company regulations or collective labor agreements can
contain certain violations that could be the first and last warning.
If the union violated labor agreements or regulations
corporate or collective labor agreements within the grace period expiration
The first and last warning meant, employers may terminate the
working relationship.
Grace period of 6 (six) months is intended as an effort to educate workers
Facebook to correct his mistakes and on the other side of 6 (six) months
is sufficient time for employers to conduct an assessment of
performance of the workers concerned.
Paragraph (3)
Clear enough
Article 162
Clear enough
Article 163
Clear enough
Article 164
Clear enough
Article 165
Clear enough
Article 166
Clear enough
Article 167
Paragraph (1)
Clear enough
Paragraph (2)
Clear enough
Paragraph (3)
Examples of this verse is:

10.000.000,00 (ten million rupiah) and the amount of pension according to
pension program is USD $ 6,000,000.00 (six million rupiah) and the
pension arrangements are determined premium to be borne by
employers 60% (sixty percent) and by the workers 40% (forty
percent), then:

60% x = USD 3,600,000.00 USD 6,000,000.00

40% X = USD 2,400,000.00 USD 6,000,000.00

Reduced 10,000,000.00 USD 6,400,000.00 USD 3,600,000.00 =

These are:

60% of the premiums paid by employers)

entrepreneurs)

40% of the premiums paid by workers)
________________________________________________________________
_                                            +
Total Rp12.400.000, 00 (twelve million four hundred thousand rupiah)
Paragraph (4)
Clear enough
Paragraph (5)
Clear enough
Paragraph (6)
Clear enough
Article 168
Paragraph (1)
What is meant by properly called in this verse is the union
has been summoned in writing addressed to address the workers as
recorded in the consolidated company by virtue of the workers. The grace period between
The first and second call at least 3 (three) working days.
Paragraph (2)
Clear enough
Paragraph (3)
Clear enough
Article 169
Clear enough
Article 170
Clear enough
Article 171
The grace period of 1 year is considered a decent enough time to
file a lawsuit.
Article 172
Clear enough
Article 173
Paragraph (1)
The definition of coaching in this paragraph is an activity carried out
in the most efficient and effective manner to obtain better results for
improve and develop all activities associated with
employment.
Paragraph (2)
Clear enough
Paragraph (3)
Who coordinate in this paragraph is the agency responsible for the
field of employment.
Article 174
Clear enough
Article 175
Clear enough
Article 176
What is meant by an independent in this article are the employees supervisor
in making decisions are not affected by the other party.
Article 177
Clear enough
Article 178
Clear enough
Article 179
Clear enough
Article 180
Clear enough
Article 181
Clear enough
Article 182
Clear enough
Article 183
Clear enough
Article 184
Clear enough
Article 185
Clear enough
Article 186
Clear enough
Article 187
Clear enough
Article 188
Clear enough
Article 189
Clear enough
Article 190
Clear enough
Article 191
The meaning of regulations implementing the laws governing employment
These are the rules for implementation of various laws in the field
good employment which had been removed and which is still valid. In the case of
implementing regulations has not been revoked or replaced under this law,
to avoid a legal vacuum, so in this article still apply
do not conflict with this law.
Similarly, in the event of an event or a case of employment before
This law applies and is still in process at the institution
settlement of industrial disputes, in accordance with the principle of legality,
of events or the case is settled on the basis of employment
implementing regulations that existed before the enactment of this law.
Article 192
Clear enough
Article 193
Clear enough
REPUBLIC OF INDONESIA NUMBER 4279