Part Three
Welfare
Article 99
(1) Workers/ labourers and their families shall each be entitled to social security for employees (jaminan
sosial tenaga kerja
).
(2) The social security for employees as referred to under subsection (1) shall be administered in
accordance with valid statutory legislation.
Article 100
(1) In order to improve the welfare of the workers/ labourers and their families, the entrepreneur shall
provide welfare facilities.
(2) The provision of welfare facilities as referred to under subsection (1) shall be administered by
weighing the need of the worker/ labourer for welfare facilities against the enterprise’s [financial]
ability to provide such facilities.
(3) Rulings concerning the kind and criteria of welfare facilities [that is to be provided] according to the
need of the worker/ labourer and the measurement of the enterprise’s [financial] ability to provide
them as referred to under subsection (1) and subsection (2) shall be determined and specified with a
Government Regulation.
Article 101
(1) To improve workers/ labourers’ welfare, workers/ labourers’ cooperatives and productive [income-
generating] business undertakings at the enterprise shall be established.
(2) The government, the entrepreneur and the worker/ labourer or the trade/ labour union shall make
efforts to develop workers/ labourers’ cooperatives and make them grow and multiply; they shall also
make efforts to develop productive business undertakings as referred to under subsection (1).
(3) Efforts to establish workers/ labourers’ cooperatives as referred to under subsection (1) shall be made
in accordance with relevant and valid statutory legislation.
(4) Efforts to develop workers/ labourers’ cooperatives and make them grow and multiply as referred to
under subsection (2) shall be determined and specified with a Government Regulation.
CHAPTER XI
INDUSTRIAL RELATION
Part One
General
Article 102
(1) In conducting industrial relations, the government shall perform the function of establishing policies,
providing services, taking control and taking actions against any violations of statutory manpower
rules and regulations.
(2) In conducting industrial relations, workers/ labourers and their organizations [unions] shall perform
the function of performing their jobs/ work as obliged, keeping things in order in order to ensure
continued, uninterrupted production, channeling their aspirations democratically, enhancing their skills
and expertise and helping promote the business of the enterprise for which they work and fight for the
welfare of their members and families.
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(3) In conducting industrial relations, entrepreneurs and their associations shall perform the function of
creating partnership, developing business, diversifying employment and providing welfare to workers/
labourers in a transparent and democratic way and in a way that upholds justice.
Article 103
Industrial Relation shall be applied through:
a. Trade/ labour unions;
b. Entrepreneurs’ organizations;
c. Bipartite cooperation institutions;
d. Tripartite cooperation institutions;
e. Enterprise rules and regulations;
f.
Collective work agreements;
g. Statutory manpower rules and regulations; and
h. Industrial relation dispute settlement institutes/ agencies.
Part Two
Trade/ Labour Union
Article 104
(1) Every worker/ labourer has the right to form and become member of a trade/ labour union.
(2) In performing functions as referred to under Article 102, a trade/ labour union shall have the right
to collect and manage fund and be accountable for the union’s finances, including for the
provision of a strike fund.
(3) The amount of the strike fund and procedures for collecting it as referred to under subsection (2)
shall be regulated under the union’s constitution and/or the union’s bylaws.
Part Three
Entrepreneurs’ Organization
Article 105
(1) Every entrepreneur has the right to form and become a member of entrepreneurs’ organization.
(2) Rulings concerning entrepreneurs’ organizations shall be determined and specified in accordance with
valid statutory legislation.
Part Four
Bipartite Cooperation Institutes
Article 106
(1) Every enterprise employing 50 (fifty) workers/ labourers or more is under an obligation to establish a
bipartite cooperation institute.
(2) The bipartite cooperation institute as referred to under subsection (1) shall function as a forum for
communication, consultation and deliberation on labour issues at an enterprise.
(3) The membership lineup of the bipartite cooperation institute as referred to under subsection (2) shall
include the entrepreneur’s representatives and the worker/ labourer’s representatives who are
democratically appointed by workers/ labourers to represent the interests of the worker/ labourer in the
enterprise in question.
(4) Rulings concerning the procedures for establishing the membership lineup of the bipartite cooperation
forum as referred to under subsection (1) and subsection (3) shall be determined and specified with a
Ministerial Decision.
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Part Five
Tripartite Cooperation Institutes
Article 107
(1) Tripartite cooperation institute shall provide considerations, recommendations and opinions to the
government and other parties involved in policy making and problem solving concerning labour
issues/ problems.
(2) The tripartite cooperation institute as referred to under subsection (1) shall consist of:
a. The National Tripartite Cooperation Institute and the Provincial, District/City Tripartite
Cooperation Institutes; and
b. Sector-based National Tripartite Cooperation Institute and sector-based Provincial, District/ City
Tripartite Cooperation Institutes.
(3) The membership of tripartite cooperation institutes shall consist of representatives from the
government, entrepreneurs’ organizations and trade/ labour unions.
(4) Procedures and organizational structures of tripartite cooperation institutes as referred to under
subsection (1) shall be determined and specified with a Government Regulation.
Part Six
Enterprise Regulations
Article 108
(1) Every enterprise which employs no less than 10 (ten) workers/ labourers is under an obligation to
create a set of enterprise rules and regulations that shall come into force after being made legal by
Minister or another government official appointed to act on behalf of the Minister.
(2) The obligation to have a set of legalized enterprise rules and regulations as referred to under
subsection (1), however, does not apply to enterprises already having collective work agreements.
Article 109
Entrepreneurs shall formulate the rules and regulations of their enterprise and shall be responsible for them.
Article 110
(1) Enterprise rules and regulations shall be formulated by taking into account the recommendations and
considerations from the worker/ labourer’s representatives of the enterprise.
(2) If a trade/ labour union has already been established in the enterprise, the worker/ labourer’s
representatives as referred to under subsection (1) shall be the trade/ labour union’s officials.
(3) If there is no trade/ labour union in the enterprise, the worker/ labourer’s representatives referred to
under subsection (1) shall be the workers/ labourers who hold a position in, or are members of, the
bipartite cooperation institutes and or has been democratically elected by the workers/ labourers in the
enterprise to represent them and act on behalf of their interests.
Article 111
(1) Enterprise rules and regulations shall at least contain [incorporate] stipulations concerning:
a. The rights and obligations of the entrepreneur;
b. The rights and obligations of the worker/ labourer;
c. Working conditions/ requirements;
d. Enterprise discipline and rule of conduct;
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e. The period of their validity [during which the enterprise rules and regulations in question shall be
valid];
(2) Enterprise rules and regulations shall by no means run against any valid statutory legislation.
(3) The validity of enterprise rules and regulations shall last for no longer than 2 (two) years and shall be
subjected to revision upon their expiration.
(4) As long as enterprise rules and regulations remain valid and effective, the entrepreneur is under an
obligation to take up on [to entertain] the request of the enterprise’s trade/ labour union(s) to negotiate
a collective work agreement if the trade union(s) should ask the entrepreneur to do so.
(5) If the negotiation as referred to under subsection (4) fails to reach an agreement, however, the ongoing
enterprise rules and regulations shall remain valid and effective until [the date of] their expiration.
Article 112
(1) Legalization of enterprise rules and regulations by the Minister or another government official as
referred to under subsection (1) of Article 108 must have already been performed within a period of no
later than 30 (thirty) workdays after the draft of the rules and regulations in question is received [by
the Minister].
(2) If the enterprise rules and regulations have met what is required under subsection (1) and subsection
(2) of Article 111 and the period of 30 (thirty) workdays for legalizing them as referred to under
subsection (1) has elapsed but the Minister or the appointed government official to act on behalf of the
Minister has not legalized them yet, then the enterprise rules and regulations in question shall be
assumed to have been legalized.
(3) If the enterprise rules and regulations have not met what is required under subsection (1) and
subsection (2) of Article 111 yet, the Minister or the government official appointed to act on the
Minister’s behalf must give a written notification to the entrepreneur so that correction can be made to
the enterprise rules and regulations in question.
(4) Within a period of no later than 14 (fourteen) workdays after the date on which the written notification
is received by the entrepreneur as referred to under subsection (3), the entrepreneur is under an
obligation to resubmit the corrected version of the enterprise rules and regulations to the Minister or
government official appointed to act on the Minister’s behalf.
Article 113
(1) Any changes to enterprise rules and regulations prior to their expiration can only be made on the basis
of an agreement between the entrepreneur and the worker/ labourer’s representatives.
(2) [Should such changes be made,] the [new] enterprise rules and regulations resulting from the
agreement as referred to under subsection (1) shall then be made legal by Minister or another
government official appointed to act on behalf of the Minister.
Article 114
The entrepreneur is under an obligation to tell and explain to the worker/ labourer [all] the enterprise rules
and regulations and [all] changes made to them [if any].
Article 115
Rulings concerning procedures for making and legalizing enterprise rules and regulations shall be
determined and specified by means of a Ministerial Decision.
Part Seven
32
Collective Work Agreement
Article 116
(1) A collective work agreement shall be made between a trade/ labour union or several trade unions
already recorded at a government agency responsible for labour/ manpower affairs and an entrepreneur
or several entrepreneurs respectively.
(2) The collective work agreement as referred to under subsection (1) shall be formulated by means of
deliberations in order to reach a consensus.
(3) The collective work agreement as referred to under subsection (1) shall be made in writing using Latin
alphabets and in the Indonesian language.
(4) In case the collective work agreement is not written in the Indonesian language, the collective work
agreement in question must be translated into Indonesian by a sworn translator and the translation shall
be considered to have fulfilled what is stipulated under subsection (3).
Article 117
In case the deliberations as referred to under subsection (2) of Article 116 fail to reach any consensus, then
the procedures for the settlement of industrial relation disputes shall be applied to settle the case.
Article 118
In 1 (one) enterprise only 1 (one) collective work agreement can be made that shall apply to all workers/
labourers working in the enterprise in question.
Article 119
(1) If there is only one trade/ labour union in an enterprise, the only trade/ labour union in the enterprise
shall have the right to represent workers/ labourers in negotiating a collective work agreement with the
entrepreneur of the enterprise provided that more than 50% (fifty hundredth) of the total number of
workers/ labourers who work in the enterprise are members of the trade/ labour union in question.
(2) In case there is only one trade/ labour union in an enterprise as referred to under subsection (1) above
but the number of its members does not exceed 50% (fifty hundredth) of the total workforce in the
enterprise, the trade/ labour union in question may represent workers/ labourers in negotiating a
collective work agreement with the entrepreneur provided that a vote that is held on this issue
confirms that the trade/ labour union wins the support of more than 50% (fifty hundredth) of the total
number of workers in the enterprise.
(3) If the support of more than 50% of the enterprise’s total workforce as referred to under subsection (2)
is not obtained, however, the trade/ labour union concerned may once again put forward its request to
negotiate a collective work agreement with the entrepreneur after a period of 6 (six) months is passed
since the vote is held in accordance with the procedures as referred to under subsection (2).
Article 120
(1) If there are more than 1 (one) trade/ labour union in an enterprise, the trade/ labour union that has the
right to represent workers/ labourers in negotiating a collective work agreement with the entrepreneur
shall be the one whose members are more than 50% (fifty hundredth) of the total number of all the
workers/ labourers who work in the enterprise.
(2) If the requirement as referred to under subsection (1) is not fulfilled, however, the trade/ labour unions
in the enterprise may form a coalition until the coalition gets the support of workers numbering more
than 50% (fifty hundredth) of the total number of workers/ labourers in the enterprise so that it is
qualified to represent workers/ labourers in negotiating a collective work agreement with the
entrepreneur.
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(3) In case what is stipulated under subsection (1) or subsection (2) is not fulfilled, however, the trade/
labour unions shall establish a negotiating team whose members shall be determined in proportion to
the number of members that each trade/ labour union has.
Article 121
Membership in a trade/ labour union as referred to under subsection 119 and subsection 120 shall be
proved with a membership card.
Article 122
[The meeting called to take a] vote as referred to under subsection (2) of Article 119 shall be administered
by a committee that is composed of workers/ labourers’ representatives and trade/ labour union officials
witnessed by the government official responsible for labour/ manpower affairs and by the entrepreneur.
Article 123
(1) A collective work agreement shall come into force for no longer than 2 (two) years [since it was
made].
(2) The effectiveness of the collective work agreement as referred to under subsection (1) may be
extended for no longer than 1 (one) year based on a written agreement between the entrepreneur
and the trade/ labour union(s).
(3) Negotiations for the next collective work agreement may be started as early as 3 (three) months
prior to the expiration of the existing collective work agreement.
(4) In case the negotiations as referred to under subsection (3) fail to result in any agreement, the
ongoing collective work agreement shall remain effective for a period of 1 (one) year at the
longest.
Article 124
(1) A collective work agreement shall at least contain:
a. The rights and obligations of the employer;
b. The rights and obligations of the trade/ labour union and the worker/ labourer;
c. The period during which and the date starting from which the collective work agreement takes
effect; and
d. The signatures of those involved in making the collective work agreement.
(2) Stipulations of a collective work agreement must not run against what is stipulated in valid statutory
legislation.
(3) Should the contents of a collective work agreement run against what is stipulated in valid statutory
legislation as referred to under subsection (2), then the contradictory stipulations shall be declared null
and void by law. What shall then apply is what is stipulated under valid statutory legislation.
Article 125
If both sides [the worker and the entrepreneur] agree to make collective work agreement changes, then the
changes shall form an inseparable part of the ongoing, effective and valid collective work agreement.
Article 126
(1) The entrepreneur, the trade/ labour union and or the worker/ labourer is under an obligation to
implement [follow] what is stipulated in the collective work agreement.
(2) The entrepreneur and the trade/ labour union are under an obligation to inform the contents of the
collective work agreement [that they have made and signed] or any changes made to it to all the
enterprise’s workers/ labourers.
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(3) The entrepreneur must print and distribute the text of collective work agreement to each worker/
labourer on the enterprise’s expense account.
Article 127
(1) Any [individual] work agreement [or a contract of employment] made by the entrepreneur and the
worker/ labourer shall not run against [what is stipulated in] the collective work agreement.
(2) Should there be any stipulations [provisions] under the work agreement referred to under subsection
(1) that run against the collective work agreement, then those particular provisions in the work
agreement shall be declared null and void by law. What shall then apply is what is stipulated in the
collective work agreement.
Article 128
If an employment/ work agreement does not contain [or is silent about] the rules and regulations that are
stipulated in the collective work agreement, then the stipulations specified in the collective work agreement
shall apply.
Article 129
(1) The entrepreneur is prohibited from replacing the collective work agreement with the enterprise’s rules
and regulations as long as there is a trade/ labour union in the enterprise.
(2) If there is no more trade/ labour union in the enterprise, however, and the collective work agreement is
replaced by the enterprise’s rules and regulations, then what is stipulated in the enterprise’s rules and
regulations shall by no means be inferior to what is stipulated in the collective work agreement.
Article 130
(1) If a collective work agreement that has expired will be extended or renewed and there is only 1
(one) trade/ labour union in the enterprise, then the extension or renewal of the collective work
agreement shall not require what is stipulated under Article 119.
(2) If a collective work agreement that has expired will be extended or renewed and there are more
than 1 (one) trade/ labour union in the enterprise and the trade/ labour union that negotiated in the
last agreement no longer meet what is required under subsection (1) of Article 120, the extension
or renewal of the collective work agreement shall be made by the trade/ labour union whose
members are more than 50% (fifty hundredth) of the total number of workers/ labourers in the
enterprise together with the trade/ labour union that negotiated in the last agreement by
establishing a negotiating team whose members are proportional to the members of the trade/
labour unions represented in the team.
(3) If an expired collective work agreement will be extended or renewed and there are more than 1
(one) trade/ labour unions in the enterprise and none of them meet what is required under
subsection (1) of Article 120, then the extension or renewal of the collective work agreement shall
be made in accordance with what is stipulated under subsection (2) and subsection (3) of Article
120.
Article 131
(1) Upon the dissolution of a trade/ labour union or the transfer of the enterprise’s ownership [to another
enterprise], the ongoing collective work agreement shall remain valid and effective until it expires.
(2) If an enterprise with a collective work agreement merges with another enterprise with another
collective work agreement, then the collective work agreement that gives the worker/ labourer more
advantages shall apply to the new enterprise that is created from the merger.
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(3) If an enterprise that has a collective work agreement merges with another enterprise that has no
collective work agreement, then the collective work agreement of the enterprise that has it shall apply
to the enterprise resulted from the merger until the collective work agreement expires.
Article 132
(1) A collective work agreement shall start to take effect on the day it is signed unless otherwise stated in
the collective work agreement in question.
(2) A collective work agreement that has been signed by those making the agreement must be registered at
a government agency responsible for labour/ manpower affairs.
Article 133
Provisions concerning the requirements and procedures for making, extending, changing and registering a
collective work agreement shall be determined and specified by means of a Ministerial Decision.
Article 134
In order to realize the rights and obligations of both the worker and the entrepreneur, the Government is
under an obligation to control the implementation of manpower laws and regulations and ensure their
observance and enforcement.
Article 135
The implementation of manpower laws and regulations in order to realize industrial relations is the
responsibility of the worker/ labourer, the entrepreneur and the government.
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