Natlex database isn 64764
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- Bu səhifədəki naviqasiya:
- Article 21
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- Article 48
- Article 53
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Article 6 Entrepreneurs are under an obligation to give the worker/ labourer equal rights and responsibilities without discrimination based on sex, ethnicity, race, religion, skin color, and political orientation.
Article 7
Subsection (1) Manpower planning that is formulated and established by the government shall be implemented through sector-based, regional [provincial, district/ city] and national manpower planning approaches.
Subsection (2)
Point a Macro manpower planning is a process of systematically formulating manpower planning, which makes effective, productive and optimal use of workforce in order to support economic or social developments at national, regional or sector- based level. In this way as many as possible job opportunities can be made available while job productivity and workers/ labourers’ welfare can also be increased.
Point b Micro manpower planning is a process of systematically formulating manpower planning within an agency – either a government agency or a private agency – in order to enhance the effective, productive and optimal use of workforce to support the achievement of high performance at the agency or enterprise concerned.
Subsection (3)
Sufficiently clear Article 8
Subsection (1) Manpower information is collected and processed according to the objectives of the formulation of national manpower planning and provincial or district or city manpower planning.
Subsection (2) For the sake of manpower development, the participation of the private sector is expected to provide information concerning manpower. The term “private sector” shall include enterprises/ companies, universities, and non-government organizations at central level, provincial or district/ city levels.
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Subsection (3)
Article 9 Welfare improvement as referred to under this Article shall mean the welfare gained by people available for a job through the fulfillment of work competence [that enables him or her to find a job] acquired by means of job training.
Subsection (1) Sufficiently clear
Subsection (2) Work competence standards shall be established by Minister by including the sectors concerned.
Job training commonly comes in three levels: elementary level, intermediate level and advanced level.
Sufficiently clear Article 11
Sufficiently clear
Article 12
Subsection (1) Users of skilled manpower are entrepreneurs. Therefore, entrepreneurs are responsible for organizing job training in order to improve their workers’ competence.
Entrepreneurs are obliged to enhance and/or develop the competence of their workers/ labourers because it is the enterprise that will benefit from the enhancement of their workers/ labourers’ job competence.
Subsection (3) The administration of job training shall be adjusted to the need of and the available opportunity at the enterprise so that enterprise activities are not disrupted.
Subsection (1) [What is meant by] private job training shall also include enterprise job training.
Subsection (2) Sufficiently clear
Subsection (3)
Sufficiently clear
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Subsection (1)
Sufficiently clear
Subsection (2)
Sufficiently clear
Subsection (3) The registration of training activities administered by a government job-training institute at the government agency responsible for manpower affairs in the district/ city [where it operates] is intended to get information for optimal enhancement and development of the effectiveness of the training, training results, training structures and infrastructures.
Sufficiently clear Article 15
Sufficiently clear Article 16
Sufficiently clear Article 17
Sufficiently clear
Subsection (1) Sufficiently clear
Subsection (2) Certification of competence is a process of issuing competence-attesting certificates in a systematic and objective way through competence tests that use national as well as international competence standards as reference.
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5)
Sufficiently clear Article 19
Sufficiently clear
Subsection (1) The national job training system as referred to under this subsection is [a result of] interconnectivity and integration of various job training elements/ aspects which include, among others, participants, costs, structures and infrastructures, instructors, training programs and methods and graduates. With the existence of the national job training 59 system, all elements and all resources of national job training found in government agencies, private agencies and companies can be optimally used.
Subsection (2)
Sufficiently clear
Article 21 Sufficiently clear
Subsection (1)
Sufficiently clear
Subsection (2) The rights of the apprentice include the right to receive pocket money and or transport money, the right to receive social security for employees, certificate upon completion of apprenticeship if they successfully complete the apprenticeship program.
The rights of the entrepreneur, on the other hand, include the right to possess any products/ services resulted from the apprenticeship activities, the right to recruit and install successful apprentices as workers/ labourers if they meet the entrepreneur’s criteria.
The obligations of the apprentice include the obligation to comply with the apprenticeship agreement, to follow apprenticeship programs and procedures, and to comply with the enterprise’s discipline and rule of conduct.
The obligations of the entrepreneur, on the other hand, include the obligation to provide pocket money and/or transport money to the apprentice, training facilities and infrastructures as well as occupational safety and health equipment.
The period of apprenticeship varies, subject to the length of time needed to achieve the competence standards that have been set/ established in the apprenticeship training programs.
An apprentice who has the status of a worker/ labourer in the enterprise that employs him or her as apprentice shall have the right over everything that is determined and prescribed in the enterprise’s rules and regulations or the collective work agreement.
Certification may be performed by a certification agency established by and or accredited by the government if the program is general, or by the enterprise if the program is specific.
Sufficiently clear Article 25
Sufficiently clear Article 26
Sufficiently clear 60
Subsection (1)
Sufficiently clear
Subsection (2) The phrase “taking into account the interests of the enterprise” is included under this subsection in order to ensure the availability of skilled and expert manpower at certain competence levels such specialist welders for performing welding underwater.
The phrase “the interests of the society” shall refer to, for instance, the opening up of opportunities for people to find a job in a specific industry such as plant cultivation technology with tissue culture.
The phrase “the interests of the State” shall refer to, for instance, efforts to save the country’s foreign exchange reserves through apprenticeship programs aimed at enabling the apprentice to manufacture modern agricultural machines and tools.
Sufficiently clear
Article 30
Sufficiently clear
Article 32
Subsection (1) • The term “transparency” here refers to the giving of clear information to jobseekers concerning the type of work, the amount of wages, and working hours. This is necessary to protect workers/ labourers and to avoid disputes after the placement takes place.
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to pick up whatever job they like and employers are also free to pick up manpower/ jobseekers they like. Thus jobseekers must not be forced to accept a job and employers, too, must not be forced to accept any manpower [jobseeker] offered to him.
• The term “objectivity” here is intended to encourage employers to offer to jobseekers jobs that suit their abilities and qualifications. In so doing, however, employers have to consider the interests of the public and must not take sides.
• The phrase “fairness and equal opportunities without discrimination” here shall refer to placement purely based on the ability of the manpower and not based on the manpower’s race, sex, skin color, religion, and political orientation.
Subsection (2) Sufficiently clear
Subsection (3) Efforts must be made to ensure equal distribution of job opportunities in the whole territory of the State of the Republic of Indonesia as one unified unity of national job market by providing the whole manpower with the same opportunity to get a job according to their talents, interests and ability. Efforts to ensure equal distribution of job 61 opportunities also need to be made so that the need for manpower in all sectors and regions can be fulfilled.
Sufficiently clear Article 34 Prior to the enactment of the act on the placement of manpower in foreign countries, all laws and regulations that regulate placement of manpower in foreign countries shall remain valid.
Subsection (1) “Employers” under this subsection refer to domestic employers.
Subsection (2)
Sufficiently clear Subsection (3)
Article 36 Sufficiently clear
Subsection (1) Point a The establishment of government agencies responsible for manpower affairs at central and regional level shall be determined and specified according to valid laws and regulations.
Point b
Sufficiently clear
Subsection (2)
Sufficiently clear Article 38 Sufficiently clear
Sufficiently clear Article 40 Sufficiently clear
Because efforts to extend job opportunities are of cross-sector coverage, a national policy must be made in all sectors to absorb manpower optimally. In order to properly implement the national policy, the government and society shall jointly and in a coordinated way monitor and control the implementation of the policy.
Subsection (1) The requirement to obtain permission for the use of manpower of foreign citizenship is intended to ensure selective employment of manpower of foreign citizenship so that Indonesian manpower can be used and developed optimally.
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Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Sufficiently clear
Subsection (5)
Sufficiently clear
Subsection (6)
Sufficiently clear
Article 43
Subsection (1) The plan for the use of manpower of foreign citizenship is a requirement to get working permit (IKTA).
Subsection (2) Sufficiently clear
The “international agencies” under this subsection refer to non-profit international organizations under the United Nations such as the ILO, WHO or UNICEF.
Subsection (4)
Sufficiently clear
Subsection (1) The “competence standards” here refer to qualifications that must be had by manpower of foreign citizenship such as knowledge, skills and expertise in certain fields and understanding of Indonesian culture.
Sufficiently clear Article 45 Subsection (1) Point a Indonesian workers who accompany workers of foreign citizenship do not automatically replace or occupy the position of the workers of foreign citizenship that they accompany. The accompaniment is emphasized on transfer of technology and transfer of expertise/ skills so that the accompanying Indonesian workers may get ability to replace the workers of foreign citizenship that they accompany in due time.
Point b 63 Vocational education and training by employers may be carried out either at home or by sending Indonesian manpower to foreign countries for training.
Subsection (2)
Sufficiently clear Article 46 Sufficiently clear
Subsection (1) The obligation to pay compensation is intended to support efforts to increase the quality of Indonesian human resources.
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Sufficiently clear Article 49
Sufficiently clear Article 50
Sufficiently clear
Subsection (1) Principally, work agreements shall be made in writing. However, given the various conditions in the society, oral work agreements are possible.
Work agreements that specify work requirements in writing must accord with valid laws and regulations, including work agreements for a specified period of time, inter-work inter-region, inter-work inter-country and maritime work agreements.
Subsection (1) Point a Sufficiently clear
Point b The phrase “capability or competence to take legally-sanctioned actions” here refers to parties who are capable or competent by law to make agreements. Work agreements for child workers shall be signed by their parents or guardians.
Sufficiently clear
Point d
Sufficiently clear 64
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear Article 53
Sufficiently clear Article 54
Subsection (1)
Sufficiently clear Subsection (2) What is meant by the phrase “must not run against” stated under this subsection is that if the enterprise already has its rules and regulations or its collective work agreement, then the content of the work agreement, both in terms of quality and quantity, may not be lower than what is stipulated under the enterprise’s rules and regulations or the enterprise’s collective work agreement.
Subsection (3)
Sufficiently clear Article 55
Sufficiently clear
Sufficiently clear
Sufficiently clear Article 58
Sufficiently clear Article 59
Subsection (1) The work agreement as referred to under this subsection shall be registered with the government agency responsible for manpower affairs.
“Jobs that are permanent by nature” refer to continuous, uninterrupted jobs that are not confined by a timeframe and are part of production process in an enterprise or jobs that are not seasonal.
Jobs that are not seasonal are jobs that do not depend on the weather or certain conditions. If a job is a continuous, uninterrupted job that is not confined by a timeframe and part of a production process but [whose performance] depends on the weather or the job comes into being [literal: is needed] because of the existence of a certain condition, then the job is a seasonal job. The job does not belong to permanent employment and hence, can be subjected to a work agreement for a specified period of time [literal: can become an object of work agreement for a specified period of time].
Subsection (3)
Subsection (4)
Sufficiently clear 65 Subsection (5)
Sufficiently clear Subsection (6)
Subsection (7)
Subsection (8)
Article 60
Subsection (1) A requirement for a probationary period must be stated in a work agreement. If the work agreement is made orally, the requirement for a probationary period must be made known to the worker and stated in the worker’s letter of appointment. If the work agreement or the letter of appointment is silent about probationary period, probationary period shall be considered non-existent.
Subsection (2) Sufficiently clear
Subsection (1)
Point a Sufficiently clear
Point b
Sufficiently clear
Sufficiently clear
Point d A certain situation or incident which may result in the termination of employment refers to certain conditions such as natural disasters, social upheavals/ unrest and security disturbances.
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5) What is meant by the worker’s entitlements that accord with valid statutory legislation or the entitlements that has been prescribed in the work agreement, the enterprise’s rules and regulations, or the enterprise’s collective work agreement are entitlements [rights] that must be given [paid] that are better and more beneficial for the worker/ labourer. Yüklə 472,32 Kb. Dostları ilə paylaş:
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