Part Eight
Institutes/ Agencies for the Settlement of Industrial Relations Disputes
First Paragraph
Industrial Relations Dispute
Article 136
(1) The entrepreneur and the worker/ labourer or the trade/ labour union are under an obligation to make
efforts to settle any industrial relations dispute they have through deliberations aimed at reaching a
consensus [a win-win solution].
(2) If the deliberations as referred to under subsection (1) fail to reach a consensus, then the entrepreneur
and the worker/ labourer or the trade/ labour union shall have the industrial relations dispute settled
through procedures for the settlement of industrial relations disputes that are determined and specified
by legislation.
Second Paragraph
Strike
Article 137
Strike, which results from failed negotiation, is a fundamental right of workers/ labourers and trade/ labour
unions that shall be staged legally, orderly and peacefully. [Literal translation: Strike as a fundamental right
of the worker/ labourer and the trade/ labour union shall be carried out legally, orderly and peacefully as a
result of failed negotiation.]
Article 138
(1) Striking workers/ labourers and/or trade/ labour unions may invite other workers/ labourers to join a
strike they are staging provided that they do this without committing legal violation. [Literal
translation: workers/ labourers and/or trade/ labour unions intending to invite other workers/ labourers
to strike whilst the strike is going on shall be performed without violating laws.]
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(2) The workers/ labourers who are invited to join an ongoing strike as referred to under subsection (1)
may accept or decline the invitation.
Article 139
The implementation of strike staged by the workers/ labourers of enterprises that serve the public interest
and/or enterprises whose types of activities, when interrupted by a strike, will lead to the endangerment of
human lives, shall be arranged in such a way so as not to disrupt public interests and/or endanger the safety
of other people.
Article 140
(1) Within a period of no less than 7 (seven) days prior to the actual realization of a strike, workers/
labourers and trade/ labour unions intending to stage a strike are under an obligation to give a written
notification of the intention to the entrepreneur and the local government agency responsible for
labour/ manpower affairs.
(2) The notification as referred to under subsection (1) shall at least contain:
a. The day and the date on which, and the hour at which they will start the strike;
b. The venue of the strike;
c. Their reason for the strike and or their demand;
d. The signatures of the chairperson and secretary of the striking union and/or the signature of each
of the chairpersons and secretaries of the unions participating in the strike, who shall be held
responsible for the strike.
(3) If the strike is staged by workers/ labourers who are not members of any trade/ labour union, the
notification as referred to under subsection (2) shall be signed by workers/ labourers’ representatives
who have been appointed to coordinate and/or be held accountable for the strike.
(4) If a strike is performed not as referred to under subsection (1), then, in order to save production
equipment and enterprise assets, the entrepreneur may take temporary action by:
a. Prohibiting striking workers/ labourers from being present at locations where production
processes normally take place; or
b. Prohibiting striking workers/ labourers from being present at the enterprise’s premise if
necessary.
Article 141
(1) A representative of the government agency and the management who receives the letter notifying the
intention to strike as referred to under Article 140 is under an obligation to issue a receipt
acknowledging the receiving of the written notification.
(2) Prior to and during the strike, the government agency responsible for labour/ manpower affairs is
under an obligation to solve problem(s) that lead(s) to the emergence of strike by arranging a meeting
of disputing parties in order to discuss (negotiate) the problem(s) with them.
(3) If the discussion as referred to under subsection (2) results in both sides in the dispute reaching an
agreement for settling the dispute, a mutual agreement to this end shall be made and signed by the
parties in the dispute and also by a government employee from the government agency responsible for
labour/ manpower affairs who shall serve as witness.
(4) In case the discussion as referred to under subsection (2) results in no agreement to settle the dispute,
the employee from the government agency responsible for labour/ manpower affairs shall immediately
refer the problem(s) that cause(s) the strike to the authorized institute for the settlement of industrial
relation disputes.
(5) In case the discussion results in no agreement as referred to under subsection (4), then, on the basis of
negotiation between the entrepreneur and the trade/ labour union(s) responsible for the strike or the
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bearer(s) of responsibility for the strike, the strike may be continued or terminated temporarily or
terminated at all.
Article 142
(1) Any strike that is staged without fulfilling what is stipulated under Article 139 and Article 140 is
illegal.
(2) The legal consequences of staging an illegal strike as referred to under subsection (1) shall be
regulated with a Ministerial Decision.
Article 143
(1) Nobody is allowed to prevent workers/ labourers and trade/ labour unions from using their right to
strike legally, orderly and peacefully.
(2) It is prohibited to arrest and/or detain workers/ labourers and union officials who are striking legally,
orderly and peacefully in observance of valid legislation.
Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is
prohibited from:
a.
Replacing striking workers/ labourers with other workers/ labourers from outside of the
enterprise; or
b.
Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/
labourers and union officials during and after the strike is performed.
Article 145
Workers/ labourers who stage a strike legally in order to demand the fulfillment of their normative rights,
which the entrepreneur has indeed violated, shall have their wages fully paid despite the period of time not
worked because of the strike.
The Third Paragraph
Lockout
Article 146
(1) Lockout, which results from failed negotiation, is a fundamental right of entrepreneurs to prevent their
workforce either in part or in whole from performing work.
(2) Entrepreneurs are not justified to lock out their workforce as retaliation for normative demands raised
by workers/ labourers and/or trade/ labour unions.
(3) Lockouts must be performed in observance of valid legislation.
Article 147
Lockouts shall be prohibited from taking place at enterprises that serve the public interest and or enterprises
whose types of activities, when interrupted by lockouts, will endanger human lives, including hospitals,
enterprises that provide networks of clean water supply to the public, centers of telecommunications
control, centers that supply electricity, oil-and-gas processing industries, and trains.
Article 148
(1) An entrepreneur who intends to perform a lockout is under an obligation to give a written notification
of the lockout to workers/ labourers and/or trade/ labour union(s) and the local government agency
responsible for dealing with labour/ manpower affairs within a period of no less than 7 (seven)
workdays before the lockout takes place.
(2) The lockout notification as referred to under subsection (1) shall at least contain:
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a. The day and the date on which, and the hour at which, the entrepreneur will start and end the
lockout; and
b. The reason(s) and cause(s) for the lockout.
(3) The notification as referred to under subsection (1) shall be signed by the entrepreneur and/or the
management of the enterprise intending to lock out the workforce.
Article 149
(1) Workers/ labourers or trade/ labour unions and government agencies responsible for labour/ manpower
affairs that directly receive a written notification of the lockout as referred to under Article 148 must
issue receipts acknowledging that they have received the written notification. The receipt shall state
the day and the date on which, and the hour at which, the notification is received.
(2) Before and during the lockout, the government agency responsible for labour/ manpower affairs shall
immediately try to solve the problem(s) that cause(s) the lockout to take place by arranging a meeting
between the disputing parties and discussing the problem(s) with them.
(3) If the discussion as referred to under subsection (2) results in both sides in the dispute reaching an
agreement for settling the dispute, a mutual agreement to this end shall be made and signed by the
parties in the dispute and also by a government employee from the government agency responsible for
labour/ manpower affairs who shall serve as witness.
(4) In case the discussion as referred to under subsection (2) results in no agreement to settle the dispute,
the employee from the government agency responsible for labour/ manpower affairs shall immediately
refer the problem(s) that cause(s) the strike to the authorized institute for the settlement of industrial
relation disputes.
(5) In case the discussion results in no agreement as referred to under subsection (4), then, on the basis of
negotiation between the entrepreneur and the trade/ labour union(s), the lockout may be continued or
terminated temporarily or terminated at all.
(6) Notification as referred to under subsection (1) and subsection (2) of Article 148 is not needed if:
a. The workers/ labourers or trade/ labour unions violate the strike procedures as referred to
under Article 140;
b. The workers/ labourers or trade/ labour unions violate the normative provisions stipulated
under work agreements, enterprise rules and regulations, collective work agreements or
valid laws and regulations.
Chapter XII
Termination of Employment
Article 150
The provisions concerning termination of employment under this act shall cover termination of
employment that happens in a business undertaking which is a legal entity or not, a business undertaking
owned by an individual [sole proprietorship], by a partnership or by a legal entity, either owned by the
private sector or by the State, as well as social undertakings and other undertakings which have
administrators/ officials and employ people by paying them wages or other forms of remuneration.
Article 151
(1) The entrepreneur, the worker/ labourer and or the trade/ labour union, and the government must make
all efforts to prevent termination of employment from taking place.
(2) If despite all efforts made termination of employment remains inevitable, then, the intention to carry
out the termination of employment must be negotiated between the entrepreneur and the trade/ labour
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union to which the affected worker/ labourer belongs as member, or between the entrepreneur and the
worker/ labourer to be dismissed if the worker/ labourer in question is not a union member.
(3) If the negotiation as referred to under subsection (2) fails to result in any agreement, the entrepreneur
may only terminate the employment of the worker/ labourer after receiving a decision [a permission to
do so] from the institute for the settlement of industrial relation disputes.
Article 152
(1) A request for a decision of the institute for the settlement of industrial relation disputes to allow
termination of employment shall be addressed to the institute by stating the underlying reasons for the
request.
(2) The request for such a decision as referred to under subsection (1) may be accepted by the institute for
settlement of industrial relation disputes if it has been negotiated as referred to under subsection (2) of
Article 151.
(3) The decision on the request for termination of employment can only be made by the institute for the
settlement of industrial relation disputes if it turns out that the intention to carry out the termination of
employment has been negotiated but that the negotiation results in no agreement.
Article 153
(1) The entrepreneur is prohibited from terminating the employment of a worker/ labourer because of the
following reasons:
a. The worker/ labourer is absent from work because he or she is taken ill as attested by a written
statement from the physician who treats him or her provided that he or she is not absent from
work for a period of longer than 12 (twelve) months consecutively;
b. The worker/ labourer is absent from work because he or she is fulfilling his or her obligations to
the State in accordance with what is prescribed in the valid statutory legislation [concerning this];
c. The worker/ labourer is absent from work because he or she is practicing what is required by his
or her religion.
d. The worker/ labourer is absent from work because he or she is getting married.
e. The worker/ labourer is absent from work because she is pregnant, giving birth to a baby, having a
miscarriage, or breast-feeding her baby.
f.
The worker/ labourer is related by blood [birth] and or through marriage to another worker in the
enterprise unless so required in the collective work agreement or the enterprise’s rules and
regulations.
g. The worker/ labourer establishes, becomes a member of and or an administrator/ official of a
trade/ labour union; the worker/ labourer carries out trade/ labour union activities outside working
hours, or during working hours with permission by the entrepreneur, or according to that which
has been stipulated in the individual work agreement, or the enterprise’s rules and regulations, or
the collective work agreement.
h. The worker/ labourer reports to the authorities the crime committed by the entrepreneur.
i.
Because the worker/ labourer is of different understanding/ belief, religion, political orientation,
ethnicity, color, race, sex, physical condition or marital status.
j.
Because the worker/ labourer is permanently disabled, ill as a result of a work accident, or ill
because of an occupational disease [literal translation: employment relationship] whose period of
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recovery cannot be ascertained as attested by the written statement made by the physician who
treats him or her.
(2) Any termination of employment that takes place for reasons referred to under subsection (1) shall be
declared null and void by law. The entrepreneur shall then be obliged to reemploy the affected worker/
labourer.
Article 154
The decision of the institute for the settlement of industrial relation disputes as referred to under subsection
(3) of Article 151 is not needed if:
a.
The affected worker/ labourer is still on probation provided that such has been stipulated in
writing beforehand;
b.
The affected worker/ labourer makes a written request for resignation at his/her own will with no
indication of being pressurized or intimidated by the entrepreneur to do so; or the employment
relationship comes to an end according to the work agreement for a specified period of time for
the first time;
c.
The affected worker/ labourer has reached a retirement age as stipulated under work agreements,
enterprise rules and regulations, collective work agreements, or laws and regulations; or
d.
The affected worker/ labourer dies.
Article 155
(1) Any termination of employment without the decision of the institute for the settlement of industrial
relation disputes as referred to under subsection (3) of Article 151 shall be declared null and void by
law.
(2) As long as there is no decision from the institute for the settlement of industrial relation disputes, both
the entrepreneur and the worker/ labourer must keep on performing their obligations.
(3) The entrepreneur may violate what is stipulated under subsection (2) above by suspending the worker/
labourer who is still in the process of having his/her employment terminated provided that the
entrepreneur continues to pay the worker/ labourer’s wages and other entitlements that he/she normally
receives.
Article 156
(1) Should termination of employment take place, the entrepreneur is obliged to pay the dismissed worker
severance pay and or a sum of money as a reward for service rendered during his or her term of
employment [reward-for-years-of-service pay] and compensation pay for rights or entitlements that the
dismissed worker/ labourer has not utilized.
(2) The calculation of severance pay as referred to under subsection (1) shall at least be as follows:
a. 1 (one)-month wages for years of employment less than 1 (one) year;
b. 2 (two)-month wages for years of employment up to 1 (one) year or more but less than 2
(two) years;
c. 3 (three)-month wages for years of employment up to 2 (two) years or more but less than
3 (three) years;
d. 4 (four)-month wages for years of employment up to 3 (three) years or more but less than
4 (four) years;
e. 5 (five)-month wages for years of employment up to 4 (four) years or more but less than
5 (five) years;
f.
6 (six)-month wages for years of employment up to 5 (five) years or more but less than 6
(six) years;
g. 7 (seven)-month wages for years of employment up to 6 (six) years or more but less than
7 (seven) years;
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h. 8 (eight)-month wages for years of employment up to 7 (seven) years or more but less
than 8 (eight) years;
i.
9 (nine)-month wages for years of employment up to 8 (eight) years or more.
(3) The calculation of the sum of money paid as reward for service rendered during the worker/ labourer’s
term of employment shall be determined as follows:
a. 2 (two)-month wages for years of employment up to 3 (three) years or more but less than
6 (six) years;
b. 3 (three)-month wages for years of employment up to 6 (six) years or more but less than
9 (nine) years;
c. 4 (four)-month wages for years of employment up to 9 (nine) years or more but less than
12 (twelve) years;
d. 5 (five)-month wages for years of employment up to 12 (twelve) years or more but less
than 15 (fifteen) years;
e. 6 (six)-month wages for years of employment up to 15 (fifteen) years or more but less
than 18 (eighteen) years;
f.
7 (seven)-month wages for years of employment up to 18 (eighteen) years but less than
21 (twenty one) years;
g. 8 (eight)-month wages for years of employment up to 21 (twenty one) years but less than
24 (twenty four) years;
h. 10 (ten)-month wages for years of employment up to 24 (twenty four) years or more.
(4) The compensation pay that the dismissed worker/ labourer ought to have as referred to under
subsection (1) shall include:
a. Entitlements to paid annual leaves that have not expired and the worker/ labourer have
not taken (used);
b. Costs or expenses for transporting the worker/ labourer and his or her family back to the
point of hire where he or she was recruited and accepted to work for the enterprise [which
have not been reimbursed];
c. Compensation for housing allowance, medical and health care allowance is determined at
15% (fifteen hundredth) of the severance pay and or reward for years of service pay for
those who are eligible to receive such compensation;
d. Other compensations that are stipulated under individual work agreements, enterprise
rules and regulations or collective work agreements.
(5) Changes concerning the calculation of the severance pay, the sum of money paid as reward for service
during term of employment and the compensation pay that the worker/ labourer ought to have as
referred to under subsection (2), subsection (3), and subsection (4) shall be determined and specified
with a Government Regulation.
Article 157
(1) Wage components used as the basis for calculating severance pay, money paid as reward for service
rendered during the worker/ labourer’s period of employment (reward pay), and money paid to
compensate for entitlements that should have been received, which are deferred, are composed of:
a. Basic wage;
b. All forms of fixed allowances that are provided to workers/ labourers and their families,
including the price of buying ration provided to the worker/ labourer free of change whereby
if the ration must be paid by workers/ labourers with [the help of] subsidies, the difference
between the buying price of the ration and the price that must be paid by the worker/ labourer
shall be considered as wage.
(2) In case the worker/ labourer’s wage is paid on the basis of daily calculation, a one-month wage shall
be equal to 30 times a one-day wage.
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(3) In case the worker/ labourer’s wage is paid on a piece-rate or commission basis, a day’s wage shall
equal the average daily wage for the last 12 (twelve) months on the condition that the wage must not
be less than the provisions for the provincial or district/ city minimum wages.
(4) In case the work depends on the weather and the wage is calculated on a piece-rate basis, the amount
of one month’s wage shall be calculated from the average wage in the last 12 (twelve) months.
Article 158
(1) An entrepreneur may terminate the employment of a worker/ labourer because the worker/ labourer
has committed the following grave wrongdoings:
a. The worker/ labourer has stolen or smuggled goods and/or money that belong to the enterprise or
obtained them by means of deceits;
b. The worker/ labourer has given false or falsified information that causes the enterprise to incur
losses;
c. The worker/ labourer has got drunk, drunken intoxicating alcoholic drinks, consumed and or
distributed narcotics, psychotropic substances and other addictive substances in the working
environment;
d. The worker/ labourer has been committed immorality/ indecency or gambled in the working
environment;
e. The worker/ labourer has attacked, battered, threatened, or intimidated his or her co-workers or
the entrepreneur in the working environment.
f.
The worker/ labourer has persuaded his or her co-workers or the entrepreneur to do something
that runs against laws and regulations.
g. The worker/ labourer has either carelessly or intentionally destroyed or let the property of the
entrepreneur exposed to danger, which caused the enterprise to incur losses;
h. The worker/ labourer has either intentionally or carelessly let his or her co-workers or the
entrepreneur exposed to danger in the workplace;
i.
The worker/ labourer has unveiled or leaked the enterprise’s secrets, which he or she is supposed
to keep secret unless otherwise required by the State; or
j.
The worker/ labourer has committed other wrongdoings within the working environment, which
call for imprisonment for 5 (five) years or more.
(2) [Accusations of committing] the grave wrongdoings as referred to under subsection (1) must be
supported with the following evidence:
a. The worker/ labourer is caught red-handed;
b. The worker/ labourer admits that he/she has committed a wrongdoing; or
c. Other evidence in the form of reports of events made by the authorities at the enterprises
and confirmed by no less than 2 (two) witnesses.
(3) Workers/ labourers whose employment is terminated because of reasons as referred to under
subsection (1) may receive compensation pay for entitlements left unused as referred to under
subsection (4) of Article 156.
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(4) Workers/ labourers as referred to under subsection (1) whose duties and functions do not directly
represent the interest of the entrepreneur shall be given detachment money whose amount and the
procedures or methods associated with its payment shall be determined and stipulated in work
agreements, enterprise rules and regulations, or collective work agreements.
Article 159
(1) If the worker/ labourer is unwilling to accept the termination of his/her employment as referred to
under subsection (1) of Article 158, the worker/ labourer in question may file a suit to the institute
[agency] for the settlement of industrial relation disputes.
Previously Article 159 reads as follows:
(1) If the worker/ labourer is unwilling to accept the termination of his/her employment as referred to
under subsection (1), the worker/ labourer in question may file a suit to the institute for the settlement
of industrial relation disputes.
Article 160
(1) In case the worker/ labourer is detained by the authorities because he or she is alleged to have
committed a crime and this happens not because of the complaint filed by the entrepreneur, the
entrepreneur is not obliged to pay the worker/ labourer’s wages but is obliged to provide [financial]
assistance to the members of his or her family who are his or her dependents according to the
following provisions:
c.
If the worker/ labourer has 1 (one) dependent, the entrepreneur is obliged to pay 25% of the
worker/ labourer’s wages.
d.
If the worker/ labourer has 2 (two) dependents, the entrepreneur is obliged to pay 35% of the
worker/ labourer’s wages.
e.
If the worker/ labourer has 3 (three) dependents, the entrepreneur is obliged to pay 45% of the
worker/ labourer’s wages.
f.
If the worker/ labourer has 4 (four) dependents or more, the entrepreneur is obliged to pay 50%
of the worker/ labourer’s wages.
(2) The assistance as referred to under subsection (1) shall be provided for no longer than 6 (six) months
of calendar year starting from the first day the worker/ labourer is detained by the authorities.
(3) The entrepreneur may terminate the employment of the worker/ labourer who after the passing of 6
(six) months are unable to perform his or her work as he or she should because of the legal process
associated with the legal proceedings taking against him or her for the crime he or she is alleged to
have committed as referred to under subsection (1).
(4) In case the court decides the case prior to the passing of 6 (six) months as referred to under subsection
(3) and the worker/ labourer is declared not guilty of the crime, the entrepreneur is obliged to reemploy
the worker/ labourer.
(5) In case the court decides the case prior to the passing of 6 (six) months and the worker/ labourer is
declared guilty of the crime, the entrepreneur may terminate the employment of the worker/ labourer in
question.
(6) The termination of employment as referred to under subsection (3) and subsection (5) is carried out
without the decision of the institute for the settlement of industrial relation disputes.
(7) The entrepreneur is obliged to pay to the worker/ labourer whose employment is terminated as referred
to under subsection (3) and subsection (5) reward pay for service rendered during his/her period of
employment 1 (one) time of what is stipulated under subsection (3) of Article 156 and compensation
pay that the worker/ labourer ought to have as referred to under subsection (4) of Article 156.
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Article 161
(1) In case the worker/ labourer violates the provisions that are specified under his or her individual
work agreement, the enterprise’s rules and regulations, or the enterprise’s collective work
agreement, the entrepreneur may terminate his or her employment after the entrepreneur precedes
it with the issuance of the first, second and third warning letters consecutively.
(2) Each warning letter issued as referred to under subsection (1) shall expire after 6 (six) months
unless otherwise stated in the individual work agreement or the enterprise’s rules and regulations
or the collective work agreement.
(3) Workers/ labourers whose employment is terminated for reasons as referred to under subsection
(1) shall be entitled to severance pay amounting to 1 (one) time of the amount of severance pay
stipulated under subsection (2) of Article 156, reward pay for period of employment amounting to
1 (one) time of the amount stipulated under subsection (3) of Article 156, and compensation pay
for entitlements left unused according to what is stipulated under subsection (4) of Article 156.
Article 162
(1) If a worker/ labourer resigns of his or her own will, he or she shall be entitled to compensation pay in
accordance with what is stipulated under subsection (4) of Article 156.
(2) Workers/ labourers who resign of their own will, whose duties and functions do not directly represent
the interest of the entrepreneur shall, in addition to the compensation pay payable to them according to
what is stipulated under subsection (4) of Article 156, be given detachment money whose amount and
the procedures/ methods associated with its payment shall be regulated in work agreements, enterprise
rules and regulations or collective work agreements.
(3) A worker/ labourer who resigns as referred to under subsection (1) must fulfill the following
requirements:
a. The worker/ labourer must submit a resignation letter [to the management] no later than
30 (thirty) days prior to the date on which he or she will work no longer.
b. The worker/ labourer is not being bound by a contract to work for/ serve the enterprise
for a certain period of time in return for the training/ education provided to him or her
and paid by the enterprise to enable him or her to have the required qualifications to carry
out his or her job at the enterprise.
c. The worker/ labourer shall continue to carry out his or her obligations [to the enterprise]
until the date of his or her resignation.
(4) Termination of employment for the reason of free will resignation shall be carried out without the
decision of the institute for the settlement of industrial relation disputes.
Article 163
(1) The entrepreneur may terminate the employment of his or her workers/ labourers in the event of
change in [the] status [of the enterprise], merger, fusion, or change in the ownership of the enterprise
and the workers/ labourers are not willing to continue their employment. If this happens, the worker/
labourer shall be entitled to severance pay 1 (one) time the amount of severance pay stipulated under
subsection (2) of Article 156, reward pay for period of employment 1 (one) time the amount stipulated
under subsection (3) of Article 156, and compensation pay for entitlements that have not been used
according to what is stipulated under subsection (4) of Article 156.
(2) The entrepreneur may terminate the employment of his or her workers/ labourers in the event of
change in [the] status [of the enterprise], merger, fusion, or change in the ownership of the enterprise
and the entrepreneur is not willing to accept the workers/ labourers to work in the [new] enterprise
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[resulting from the change of status, merger, fusion, or ownership change]. If this happens, the
worker/ labourer shall be entitled to severance pay twice the amount of severance pay stipulated under
subsection (2) of Article 156, reward pay for period of employment 1 (one) time the amount stipulated
under subsection (3) of Article 156, and compensation pay for entitlements that have not been used
according to what is stipulated under subsection (4) of Article 156.
Article 164
(1) The entrepreneur may terminate the employment of his or her workers/ labourers because the
enterprise has to be closed down due to continual losses it suffers for two years consecutively or
force majeure. If this happens, the workers/ labourers shall be entitled to severance pay amounting
to 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156, reward
pay for period of employment amounting to 1 (one) time the amount stipulated under subsection
(3) of Article 156 and compensation pay for entitlements that have not been used according to
what is stipulated under subsection (4) of Article 156.
(2) The continual losses as referred under subsection (1) must be provable in the enterprise’s financial
reports over the last 2 (two) years that have been audited by public accountants.
(3) The entrepreneur may terminate the employment of his or her workers/ labourers because the
enterprise has to be closed down and the closing down of the enterprise is caused neither by
continual losses for 2 (two) years consecutively nor force majeure but because of rationalization
[literal: efficiency]. If this happens, the workers/ labourers shall be entitled to severance pay twice
the amount of severance pay stipulated under subsection (2) of Article 156, reward for period of
employment pay amounting to 1 (one) time the amount stipulated under subsection (3) of Article
156 and compensation pay for entitlements that have not been used according to what is stipulated
under subsection (4) of Article 156.
Article 165
The entrepreneur may terminate the employment of the enterprise’s workers/ labourers because the
enterprise goes bankrupt. If this happens, the workers/ labourers shall be entitled to severance pay
amounting to 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156,
reward pay for period of employment amounting to 1 (one) time the amount stipulated under subsection (3)
of Article 156 and compensation pay for entitlements that have not been used according to what is
stipulated under subsection (4) of Article 156.
Article 166
If an employment relationship between an entrepreneur and a worker/ labourer comes to an end because the
worker/ labourer dies, to the worker’s [legal] heirs shall be given a sum of money whose amount shall be
the same as twice the amount of severance pay as stipulated under subsection (2) of Article 156, reward pay
for period of employment worked by the worker/ labourer amounting to 1 (one) time the amount stipulated
under subsection (3) of Article 156 and compensation pay for entitlements that have not been used
according to what is stipulated under subsection (4) of Article 156.
Article 167
(1) An entrepreneur may terminate the employment of his or her workers/ labourers because they
enter pensionable age. If the entrepreneur has included the workers/ labourers in a retirement
benefit program, the workers/ labourers in question are not entitled to severance pay according to
what is stipulated under subsection (2) of Article 156, reward pay for period of employment in
accordance with what is stipulated under subsection (3) of Article 156, and compensation pay for
entitlements that have not been used according to what is stipulated under subsection (4) of
Article 156.
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(2) If the retirement benefit that they get as a single lump-sum payment at retirement as a result of
their participation in a pension program as referred to under subsection (1) turns out to be lower
than twice the amount of the severance pay stipulated under subsection (2) of Article 156, reward
pay for period of employment in accordance with what is stipulated under subsection (3) of
Article 156, and compensation pay for entitlements left unused according to what is stipulated
under subsection (4) of Article 156, the entrepreneur shall make up the difference.
(3) If the entrepreneur has included the worker/ labourer in a pension program whose contributions/
premiums are paid by the entrepreneur and the worker/ labourer, then that which is calculated
with the severance pay shall be the pension whose contributions/ premiums have been paid by the
entrepreneur.
(4) Arrangements other than what is stipulated under subsection (1), subsection (2) and subsection (3)
may be made in individual work agreements or enterprise rules and regulations or collective work
agreements.
(5) If the entrepreneur does not include workers/ labourers whose employment is terminated because
they enter pensionable age in a pension program, the entrepreneur is obliged to pay them
severance pay twice the amount of severance pay as stipulated under subsection (2) of Article
156, reward pay for period of employment amounting to 1 (one) time the amount stipulated under
subsection (3) of Article 156 and compensation pay for entitlements that have not been used
according to what is stipulated under subsection (4) of Article 156.
(6) The worker/ labourer’s entitlement to retirement benefit as referred to under subsection (1),
subsection (2) and subsection (3) shall not eliminate their entitlement to the old age benefit that is
compulsory according to valid laws and regulations.
Article 168
(1) An entrepreneur may terminate the employment of a worker/ labourer if the worker/ labourer has been
absent from work for no less than 5 (five) workdays consecutively without submitting to the
entrepreneur a written account [explaining why he/ she is absent from work] supplemented with valid
evidence [to support the truth of the explanation] and the entrepreneur has properly summoned him or
her twice in writing because such absenteeism may disqualify the worker/ labourer in question from
continuing their employment.
(2) The written explanation supplemented with valid evidence as referred to under subsection (1) must be
submitted [to the management] at the latest on the first day on which the worker/ labourer in question
comes back to the workplace to resume work.
(3) In the event of the termination of employment as referred to under subsection (1), the affected worker/
labourer shall be entitled to compensation pay for her/ his entitlements that he/ she has not used
according to what is stipulated under subsection (4) of Article 156 and they shall be given detachment
money whose amount and the procedures and methods associated with its payment shall be regulated
in work agreements, enterprise rules and regulations, or collective work agreements.
Article 169
(1) A worker/ labourer may make an official request to the institute for the settlement of industrial relation
disputes to terminate his/her employment relationship with his/ her entrepreneur if:
a. The entrepreneur has battered, rudely humiliated or intimidated the worker/ labourer;
b. The entrepreneur has persuaded and/or ordered the worker/ labourer to commit acts that run
against statutory laws and regulations; or
c. The entrepreneur has not paid wages at a prescribed time for three months consecutively or more;
d. The entrepreneur has not performed obligations promised to workers/ labourers;
e. The entrepreneur orders the worker/ labourer to perform work outside of that which has been
agreed upon by the worker/ labourer to undertake;
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f.
The entrepreneur has ordered the worker/ labourer to carry out work that puts the worker/
labourer’s life, safety, health and or morality in jeopardy, of which the worker/ labourer is not
made aware or informed at the time the worker/ labourer’s employment agreement was made.
(2) In the event of termination of employment because of reasons as referred to under subsection (1), the
affected worker/ labourer is entitled to receive severance pay amounting to twice the amount of
severance pay stipulated under subsection (2) of Article 156, reward pay amounting to 1 (one) time the
amount of reward pay for period of employment worked stipulated under subsection (3) of Article 156
and compensation pay for entitlements left unused according to what is stipulated under subsection (4)
of Article 156.
(3) In case the entrepreneur is found not guilty of committing the acts referred to under subsection by the
institute for the settlement of industrial relation disputes, the entrepreneur may terminate the
employment of the worker/ labourer without having the decision of the institute for the settlement of
industrial relation disputes and the worker/ labourer in question is not entitled to severance pay as
referred to under subsection (2) of Article 156 and reward pay for period of employment worked as
referred to under subsection (3) of Article 156.
Article 170
Any termination of employment that is carried out without fulfilling what is stipulated under subsection (3)
Article 151 and Article 168 except subsection (1) of Article 158, subsection (3) of Article 160, Article 162,
and Article 169 shall be declared null and void by law and the entrepreneur is obliged to reemploy the
affected worker/ labourer and pay all the wages and entitlements which the affected worker/ labourer
should have received.
Article 171
If workers/ labourers whose employment is terminated without the decision of the institute for the
settlement of industrial relation disputes as referred to under subsection (1) of Article 158, subsection (3) of
Article 160 and Article 162 cannot accept the termination of their employment, the workers/ labourers in
question may file a lawsuit to the institute for the settlement of industrial relation disputes within a period
of no later than 1 (one) year since the date on which their employment was terminated.
Article 172
Workers/ labourers who are continuously ill for a very long time, who are disabled as a result of a work
accident and are unable to perform their work may, after they have been in such a condition for more than
the absenteeism limit of 12 (twelve) months consecutively, request that their employment be terminated
upon which they shall be entitled to receive severance pay amounting to twice the amount of severance pay
stipulated under subsection (2) of Article 156, reward pay for the period of employment they have worked
amounting to twice the amount of such reward pay stipulated under subsection (3) of Article 156, and
compensation pay amounting to one time the amount of that which is stipulated under subsection (4) of
Article 156.
Chapter XIII
MANPOWER DEVELOPMENT
Article 173
(1) The government shall make efforts to develop and build up elements and activities related to
manpower.
(2) The efforts to develop manpower-related elements and activities as referred to under subsection (1)
may invite participation of entrepreneurs’ organizations, trade/ labour unions and other related
organizations of professions.
(3) The efforts to develop manpower -related elements and activities as referred to under subsection (1)
and subsection (2) shall be carried out in a well-integrated and well-coordinated way.
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Article 174
For the purpose of manpower development, the government, associations of entrepreneurs, trade/ labour
unions and other professions organizations may establish international cooperation in the field of labour
according to valid laws and regulations.
Article 175
(1) The government may award persons or institutes that have done great or meritorious service in the
field of manpower development.
(2) The award as referred to under subsection (1) may be given in the form of a charter, money and or
other forms of reward.
Chapter XIV
LABOUR INSPECTION
Article 176
Labour inspection shall be carried out by government labour inspectors who have the competence and
independency to guarantee the implementation of labour laws and regulations.
Article 177
The labour inspectors as referred to under Article 176 shall be determined by Minister or other government
officials appointed to act on Minister’s behalf.
Article 178
(1) Labour inspection shall be carried out by a separate working unit of a government agency whose
scope of duty and responsibility are in the field of labour at the Central Government, Provincial
Governments and District/ City Governments.
(2) The implementation of labour inspection as referred to under subsection (1) shall be determined
and specified further with a Presidential Decision.
Article 179
(1) The working units for labour inspection as referred to under Article 178 at the Provincial
Governments and District/ City Governments are obliged to submit reports on the implementation
of labour inspection to Minister.
(2) Procedures for submitting the reports as referred to under subsection (1) shall be determined and
specified with a Ministerial Decision.
Article 180
Rulings concerning the requirements for the appointment of, the rights and obligations of, the authority
of, labour inspectors as referred to under Article 176 shall accord with [the existing] valid laws and
regulations.
Article 181
In carrying out their duties as referred to under Article 176, labour inspectors are obliged:
a. To keep secret everything that, by its nature, needs or is worthy to be kept secret;
b. To refrain from abusing their authority.
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Chapter XV
INVESTIGATION
Article 182
(1) Special authority to act as civil servant investigators (Penyidik Pegawai Negeri Sipil) may also be
given, in addition to the one assigned to the investigating officials of the Police of the State of the
Republic of Indonesia, to labour inspectors in accordance with valid laws and regulations.
(2) The civil servant investigators as referred to under subsection (1) shall have the authority:
a. To examine whether or not reports and accounts about labour crimes are true;
b. To investigate individuals suspected of having committed a labour crime;
c. To require explanations and evidences from persons or legal bodies considered to be relevant to
the labour crime being investigated;
d. To examine or confiscate objects or evidences found in a case of labour crime;
e. To examine papers and/or other documents connected with labour crimes;
f.
To request the help of experts in performing labour-related criminal investigations; and
g. To stop investigation if there is not enough evidence to prove that a labour crime has been
committed.
(3) The authority of civil servant investigators as referred to under subsection (2) shall be exercised in
accordance with valid laws and regulations.
CHAPTER XVI
CRIMINAL REGULATIONS AND ADMINISTRATIVE SANCTIONS
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