Article 62
Sufficiently clear
Article 63
Sufficiently clear
66
Article 64
Sufficiently clear
Article 65
Sufficiently clear
Article 66
Subsection (1)
If the job is related to the entrepreneur’s core business activities or activities directly
connected with production process, the entrepreneur is only allowed to employ workers/
labourers under an employment/ work agreement for a specified period of time and/or
under a work agreement for an unspecified period of time.
What is meant by ‘auxiliary service activities’ or ‘activities indirectly related to
production process’ are activities outside of the core business of the enterprise.
Such activities include, among others, activities associated with the provision of cleaning
service, the provision of catering service (a supply of food) to workers/ labourers, the
provision of a supply of security guards, auxiliary business activities in the mining and
oil sectors, and the provision of transport for workers/ labourers.
Subsection (2)
Point a
Sufficiently clear
Point b
Sufficiently clear
Point c
Issues concerning wage and welfare protection, working requirements/
conditions and settlements of disputes between labour providers/ suppliers and
workers/ labourers must be deal with in accordance with valid statutory
legislation.
As far as wage and welfare protection, working conditions, and protection in the
event of a dispute are concerned, workers/ labourers who work at labour
provider enterprises shall receive (the same) entitlements as the ones provided in
the enterprises that use their service in accordance with work agreements,
enterprise rules and regulations or collective work agreements.
Point d
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 67
Subsection (1)
The protection to disabled workers according to the type and severity of the
disability as referred to under this subsection refers to, for instance, the
provision of accessibility, working tools, and personal protective equipment that
are adjusted to the type and severity of the worker’s disability.
Subsection (2)
67
Sufficiently clear
Article 68
Sufficiently clear
Article 69
Sufficiently clear
Article 70
Sufficiently clear
Article 71
Subsection (1)
What is stipulated under this subsection is intended to protect children in such a way that
the development of their talents and interest – that commonly takes place at their age – is
not disrupted.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Article 72
Sufficiently clear
Article 73
Sufficiently clear
Article 74
Sufficiently clear
Article 75
Subsection (1)
Efforts to overcome problems associated with children who work outside of employment
relations are intended to ensure that no child works outside of employment relations or to
reduce the number of children who work outside of employment relations. These efforts
must be carried out in a well-planned, well-integrated and well-coordinated manner with
related agencies.
Children who work outside of employment relations are for instance shoeshine boys or
newspaper boys.
Subsection (2)
Sufficiently clear
Article 76
Subsection (1)
Entrepreneurs shall be the ones responsible for the violation of this article. Should female
workers/ labourers as referred to under this subsection be employed between 11 p.m.
until 7 a.m., the one who shall be held responsible for this violation would be the
entrepreneur.
Subsection (2)
Sufficiently clear
68
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5)
Sufficiently clear
Article 77
Subsection (1)
Sufficiently clear
Subsection (2)
Sufficiently clear
Subsection (3)
Under this subsection, certain business sectors or certain types of work refer to, for
instance, work on offshore oil drilling rigs/ platforms, work involving long distance
driving of vehicles, work involving long distance flight, work at sea (on a ship) or work
involving the felling of trees.
Subsection (4)
Sufficiently clear
Article 78
Subsection (1)
Employing workers beyond normal working hours must be avoided because workers/
labourers must have enough time to take a rest and recover their fitness. However, in
certain cases there are urgent needs in which work must be immediately and inevitably
done so that workers/ labourers have to work beyond normal working hours.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 79
Subsection (1)
Sufficiently clear
Subsection (2)
Point a
Sufficiently clear
Point b
Sufficiently clear
Point c
Sufficiently clear
Point d
While taking a long period of rest, workers/ labourers are given compensation
pay for their entitlement to the eighth year’s annual leave amounting to half their
monthly salary [wages]. Enterprises that have already applied a long period of
69
rest that is better than the one stipulated under this act are not allowed to reduce
it.
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5)
Sufficiently clear
Article 80
What is meant by the provision of ‘adequate opportunity to pray’ shall refer to the provision of a
place for praying to and worshipping God that enables workers/ labourers to properly perform
their religious obligations/ rituals, in which the enterprise’s conditions and financial ability for the
provision of such a place shall be taken into account.
Article 81
Sufficiently clear
Article 82
Subsection (1)
The length of the period of rest may be extended if such is [medically] required as
attested by a written [medical] statement from the obstetrician or midwife either prior to
or after the delivery.
Subsection (2)
Sufficiently clear
Article 83
What is meant by providing proper opportunities to female workers/ labourers to milk-feed their
babies during working hours are periods of time provided by the enterprise to the female workers/
labourers to milk-feed their babies, by taking into account the availability of a place/ room that can
be used for such a purpose according to the enterprise’s conditions and financial ability, which
shall be regulated in enterprise rules and regulations or collective work agreements.
Article 84
Sufficiently clear
Article 85
Subsection (1)
Sufficiently clear
Subsection (2)
What is stipulated under this subsection is intended to serve the public interest and public
welfare. Moreover, there is work whose type and nature are such that it is impossible to
stop it.
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 86
Subsection (1)
Sufficiently clear
70
Subsection (2)
Occupational safety and health efforts are intended to provide guarantee of safety and
increase the level of health of workers/ labourers by preventing occupational accidents
and diseases, controlling hazards in the workplace, promoting health, medical care and
rehabilitation.
Subsection (3)
Sufficiently clear
Article 87
Subsection (1)
The occupational safety and health management system is part of the overall management
system of the enterprise, which includes organizational structure, planning,
implementation, responsibility, procedures, processes, and resources that are needed for
the development, application, achievement, study and maintenance of the enterprise’s
occupational safety and health policy in order to control the risks associated with working
activities for the creation of secure, efficient and productive workplace.
Subsection (2)
Sufficiently clear
Article 88
Subsection (1)
Income that enables workers/ labourers to properly meet their livelihood needs refers to
the amount of income or earning that workers/ labourers earns from their work so that
they can reasonably meet what they and their families need for living, including the
ability to meet the need for food and drinks, clothes, housing, education, healthcare,
recreation and old age benefit.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 89
Subsection (1)
Point a
Sufficiently clear
Point b
Sector-based minimum wages can be established for business groups by sector
and their breaking down according to business classification by sector
nationwide (Indonesia), by district/ city or province. Such sector-based
minimum wages in any given area must not be lower than the regional minimum
wages applicable to the area in question.
Subsection (2)
The phrase “shall follow the guidance for meeting the need for decent living” as referred
to under this subsection shall mean that the setting of minimum wages must be adjusted
to the level at which the minimum wages are on par with [can be used to meet] the need
for decent living. The amount of such minimum wages shall be determined by Minister.
71
Subsection (3)
Sufficiently clear
Subsection (4)
The meeting of the need for decent living needs to be made gradually because the need
for decent living is an upgrade of the need for minimum living that heavily depends on
the level of financial ability of the world of business.
Article 90
Subsection (1)
Sufficiently clear
Subsection (2)
The postponement of the payment of minimum wages by an enterprise that is financially
not able to pay minimum wages is intended to [temporarily] release the enterprise from
having to pay minimum wages for a certain period of time. If the postponement comes to
an end, the enterprise is under an obligation to pay minimum wages that are applicable at
the time but is not obliged to make up the difference between the wages it actually paid
and the applicable minimum wages during the period of time of the postponement.
Subsection (3)
Sufficiently clear
Article 91
Sufficiently clear
Article 92
Subsection (1)
The formulation of wages structures and scales is intended as a guideline for setting
wages so that the wages of each worker can be determined with certainty. Such
formulation is also intended to reduce the gap between the lowest wages and the highest
wages in the enterprise.
Subsection (2)
The reviewing of wages shall be done to adjust the wages to the consumer price index,
the worker’s performance, and the enterprise’s development and financial ability.
Subsection (3)
Sufficiently clear
Article 93
Subsection (1)
What is stipulated under this subsection is a fundamental principle that is basically
applicable to every worker/ labourer, that is, unless the worker/ labourer cannot perform
his/ her job because of mistakes that are not his/ her.
Subsection (2)
Point a
A worker/ labourer is ill if there is a statement from the physician who treats
him/her that states that he/she is ill.
Point b
Sufficiently clear
Point c
Sufficiently clear
72
Point d
Fulfilling one’s obligation to the State means fulfilling State obligation, which is
stipulated under laws and regulations.
The payment of wages to workers/ labourers who have to be absent from work
because they are required to perform their obligations to the State shall be made if:
a. The State does not pay the worker/ labourer; or
b. The State pays him/her less than the amount of wages he/she usually receives
from the enterprise where he/she works. In this case the entrepreneur is under an
obligation to make up the difference.
Point e
Practicing or observing religious duties ordered/ required by his/her religion
means practicing religious obligations according to what is required by his/her
religion, which has been regulated with laws and regulations.
Point f
Sufficiently clear
Point g
Sufficiently clear
Point h
Sufficiently clear
Point i
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5)
Sufficiently clear
Article 94
What is meant by ‘fixed allowance’ under this subsection is payment to workers/ labourers that is
made regularly and not commensurate with [not linked to] either the attendance or certain
achievement / performance of the worker/ labourer.
Article 95
Subsection (1)
Sufficiently clear
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
The payment of worker/ labourer’s wages shall take priority over the payment of other
debts. This means that workers/ labourers’ wages must be the first to be paid before other
debts are paid.
73
Article 96
Sufficiently clear
Article 97
Sufficiently clear
Article 98
Sufficiently clear
Article 99
Sufficiently clear
Article 100
Subsection (1)
Welfare facilities shall refer to, for instance, family planning service, babysitting facilities
[nursery], housing facilities for workers/ labourers, special rooms for prayer or other
religious facilities, sports facilities, eateries [canteens], policlinic and other medical/
health facilities, and recreational facilities.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Article 101
Subsection (1)
Productive business undertakings at the enterprise shall refer to economic activities that
generate income other than wages.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 102
Sufficiently clear
Article 103
Sufficiently clear
Article 104
Subsection (1)
The freedom to establish a trade/ labour union and to become or not to become member
of a trade/ labour union is one of the fundamental rights of workers/ labourers.
Subsection (2)
Sufficiently clear
Subsection (3)
74
Sufficiently clear
Article 105
Sufficiently clear
Article 106
Subsection (1)
At enterprises whose workers/ labourers number less than 50 (fifty) people, effective and
proper communication and consultation can still be performed on an individual basis.
However, if the enterprise has 50 (fifty) workers/ labourers or more, it is necessary to
perform communication and consultation through a representative system.
Subsection (2)
Sufficiently clear
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Article 107
Sufficiently clear
Article 108
Sufficiently clear
Article 109
Sufficiently clear
Article 110
Sufficiently clear
Article 111
Subsection (1)
Point a
Sufficiently clear
Point b
Sufficiently clear
Point c
Working/ work requirements refer to the rights and obligations of the
entrepreneur and the worker/ labourer that have not been regulated/ stipulated
under laws and regulations.
Point d
Sufficiently clear
Point e
Sufficiently clear
Subsection (2)
The sentence “enterprise rules and regulations shall by no means run against any valid
statutory legislation” means that enterprise rules and regulations must not be lower in
75
both quality and quantity than those stipulated under valid statutory legislation. If proved
otherwise, however, the stipulations of valid statutory legislation shall apply.
Subsection (3)
Sufficiently clear
Subsection (4)
Sufficiently clear
Subsection (5)
Sufficiently clear
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