HUKUM KETENAGAKERJAAN SESI 5

Summary

This video script provides an in-depth explanation of company regulations (Peraturan Perusahaan) and collective labor agreements (Perjanjian Kerja Bersama). It covers the process of creating and renewing company regulations, their application in companies with trade unions, and the essential components of a collective labor agreement, including negotiations between employers and workers' unions. The video highlights key differences between these two legal instruments, such as their creation, renewal, and extension procedures, and their impact on workers' rights and company practices.

Takeaways

• 😀 The company regulation (peraturan perusahaan) is a written rule made by employers that outlines the working conditions and discipline in the company. It is mandatory for companies employing 10 or more workers.
• 😀 A company can only have one company regulation, which applies to all employees. If there are branches, the main company regulation applies, with separate regulations for each branch.
• 😀 The validity of company regulations is a maximum of two years and must be renewed after this period. If there is a workers' union, the employer must accommodate negotiations for collective bargaining agreements (PKB).
• 😀 If negotiations for the collective bargaining agreement (PKB) fail, the company regulation remains in effect until its expiration.
• 😀 Company regulations should not conflict with existing labor laws, as they must align with the national labor laws.
• 😀 For the creation of company regulations, the employer must consult with workers' representatives or unions. The workers have 14 days to provide feedback.
• 😀 If the workers' representatives do not provide feedback within 14 days, the employer can proceed with submitting the regulations for approval, along with evidence of the request for feedback.
• 😀 After receiving the application, the relevant official has a maximum of seven days to review and return any incomplete or contradictory regulations to the employer.
• 😀 If the regulations are corrected, the employer must resubmit them within 14 days, and the official must issue an approval decision within 30 days.
• 😀 A collective bargaining agreement (PKB) is an agreement between the employer and the workers' union, covering working conditions, rights, and obligations of both parties.
• 😀 The PKB can last for up to two years and can be extended for an additional year based on a written agreement. If negotiations for a new PKB fail, the current one remains in effect for up to one more year.

Q & A

What is the definition of 'Peraturan Perusahaan' (company regulations)?

Peraturan Perusahaan refers to written regulations created by employers that include work conditions and company rules. It is mandatory for companies employing at least 10 workers to establish these regulations.

How long is the validity period for Peraturan Perusahaan, and what happens after it expires?

The validity period of Peraturan Perusahaan is a maximum of two years. After this period, it must be renewed or updated.

What is the role of trade unions (Serikat Pekerja) in the creation of Peraturan Perusahaan?

If a trade union exists in the company, the union's representatives must provide suggestions and considerations regarding the draft of the Peraturan Perusahaan. These suggestions must be received by the employer within 14 working days.

What happens if the trade union does not provide feedback within the 14-day period?

If no feedback is given within 14 working days, the employer can proceed with submitting the draft Peraturan Perusahaan for approval, showing proof that feedback was requested.

How is Peraturan Perusahaan officially approved?

The employer submits a request for the approval of Peraturan Perusahaan to the relevant authority. If the document is complete and compliant with regulations, the authority will issue an approval decision within 30 working days.

What is the definition of 'Perjanjian Kerja Bersama' (Collective Labor Agreement - CLA)?

Perjanjian Kerja Bersama is an agreement resulting from negotiations between trade unions and employers, containing work conditions, rights, and obligations of both parties. It applies to all workers in the company.

How long is the validity period for a Perjanjian Kerja Bersama (PKB), and can it be extended?

A PKB is valid for a maximum of two years but can be extended for up to one additional year through a written agreement between the employer and the trade union.

What is the relationship between a Perjanjian Kerja and a Perjanjian Kerja Bersama?

A Perjanjian Kerja (individual employment contract) cannot contradict the terms of the PKB. If it does, the terms of the PKB override those of the individual contract.

What are the main differences between Peraturan Perusahaan and Perjanjian Kerja Bersama?

Peraturan Perusahaan is created solely by the employer, whereas Perjanjian Kerja Bersama is the result of negotiations between the employer and trade unions. Additionally, Peraturan Perusahaan is not negotiable, while Perjanjian Kerja Bersama is based on mutual agreement.

What should a Peraturan Perusahaan or PKB not contradict?

Both Peraturan Perusahaan and PKB must comply with applicable labor laws and regulations. Any clause in either that contradicts existing laws is considered null and void.