Union

 

 
     
 
Bipartite
UNOFFICIAL TRANSLATION
THE DECREE OF MINISTER OF MANPOWER AND TRANSMIGRATION
REPUBLIC OF INDONESIA
NO. : KEP. 255/MEN/2003
CONCERNING
PROCEDURE OF FORMATION AND MEMBERSHIP HIERARCHY OF BIPARTITE COMMITTEE   MINISTER OF MANPOWER AND TRANSMIGRATION OF REPUBLIC OF INDONESIA,

Considering

:

  1. That to implement Article 106 subsection (4) Manpower Act No. 13 Year 2003, it is necessary to stipulate formation procedure and membership hierarchy of bipartite committee;
  2. That it is necessary to be stipulated in Ministerial Decree;

 

In View of

:

  1. Act No. 21 year 2000 concerning Labour Union (State Gazette Year 2000 No. 121; Supplement to State Gazette No. 3989); 
  2. Act No.13 Year 2003 concerning Manpower (Indonesia State Gazette Year 2003 No. 39, Supplement to State Gazzete No. 4279);
  3. Presidential Decree No.228/M Year 2001 concerning “Gotong Royong” Cabinet Formation;

 

Observing

:

  1. Main Idea of National Tripartite Committee on August 31, 2003;
  2. Agreement in Plenary National Tripartite Committee on September 25, 2003;

 

DECIDE:

To Stipulate

:

DECREE OF MINISTER OF MANPOWER AND TRANSMIGRATION OF REPUBLIC OF INDONESIA CONCERNING PROCEDURE OF FORMATION AND MEMBERSHIP HIERARCHY OF BIPARTITE COMMITTEE

CHAPTER I

GENERAL PROVISIONS

Article 1

Under this Ministerial Regulation, the following definitions shall apply: :

  1. A bipartite cooperation institution is a communication and consultation forum on matters pertaining to industrial relations in an enterprise whose members consist of entrepreneurs and trade/labour unions that have been registered at a government agency responsible for manpower affairs or workers/labourers’ representatives.
  1. An entrepreneur is:
    1. An individual, a partnership or a legal entity that operates a self-owned enterprise;
    2. An individual, a partnership or a legal entity that independently operates a non-self-owned enterprise;
    3. An individual, a partnership or a legal entity located in Indonesia and representing an enterprise as mentioned under point a and point b that is domiciled outside the territory of Indonesia.
  1. An enterprise is:
    1. Every form of business, which is either a legal entity or not, which is owned by an individual, a partnership or a legal entity that is either privately owned or state owned, which employs workers/ labourers by paying them wages or other forms of remuneration;
    2. Social undertakings and other undertakings with officials in charge and which employ people by paying the wages or other forms of remuneration..
  1. A worker/labourer are any person who works and receives wages or other forms of remuneration.
  2. A trade union/labour union is an organization that is formed from, by and for workers/labourers either within an enterprise or outside of an enterprise, which is free, open, independent, democratic, and responsible in order to strive for, defend and protect the rights and interests of the worker/ labourer and increase the welfare of the worker/ labourer and their families.
  3. Minister is the minister responsible for manpower affairs.

CHAPTER II

JOB AND FUNCTIONS

Subsection 2 The functions of Bipartite Committee are :

  1. As communication, consultation, and discussion forum between enterpreneur and representatives of labour union at company level;
  2. As the forum to discuss industrial relation issue in the company to enhance productivity and workers/ employees security that can guarantee longevity of business ans create work harmony.

Article 3

To implement the functions aforesaid in Article 2, Bipartite committee has jobs as follows:

  1. To conduct the meeting periodically or any time if necessary;
  2. To communicate entrepreneur’s discretion and employee’s aspiration concerning labour welfare and longevity of enterprise;
  3. To make early diagnosis and hold any industrial issues in the company;
  4. To inform suggestion and consideration to etrepreneur in stipulate company policy;
  5. To inform suggestion and opinion to labourer/ worker and/ or labour union.

CHAPTER III

FORMATION PROCEDURE

Article 4

  1. Every company which employs 50 (fifty) employees or more is obliged to form Bipartite committee..
  2. Bipartite committee aforesaid in article (1) is formed by entrepreneur/ employer and labourers/ employees.

Article 5

Bipartite committee members that are taken from employees/ workers, are stipulated as follows:

  1. If there is 1 (one) union in a company and all employees become members of it, automatically union committee appoints their representatives for Bipartite committee.
  2. If there is no labour union in a company, therefore, representatives of workers/ employees in Bipartite Committee are elected democratically.
  3. If in a company there are more than one labour unions and all employees are union members, therefore, representatives of employees in Bipartite Committee are selected from each union proportionally.
  4. If there is 1 (one) union in a company and there are employees who are non-members , therefore the union appoint the representative for Bipartite committee whereas non-member employees also appoint their representatives democratically.
  5. If in a company there are more than one labour unions and there are employees who are non-members , therefore respective unions appoint their representatives in Bipartite Committee proportionally and non-member employees elect their representatives democratically.

Article 6

Entrepreneur and labour union representatives or employees’ representatives aforesaid in article 5 conduct the meeting to:

  1. Form Bipartite Committee
  2. Declare membership of Bipartite Committee Members

Article 7

Procedure of Bipartite Committee Formation is implemented as follow:

  1. Entrepreneur and labour union representatives or employees’ representatives conduct meeting to form, appoint, and declare the membership of Bipartite Committee members in company as mentioned in Article 6 ;
  2. Committee members aforesaid in letter a agree and stipulate organizational hierarchy of Bipartite committee;
  3. Formation and hierarchy of Bipartite committee is mentioned in minutes that is signed by pembentukan dan susunan entrepreneur and labour union representatives or employees’ representatives
Article 8
  1. Bipartite Committee, that has been established, shall be registered to the authority institution that is responsible in manpower issues at local regency/ city/ region by 14 (fourteen) work days after establishment.
  2. In registration aforesaid in subsection (1),, Bipartite Committee inform the formation in writing directly or indirectly by attaching the minutes of formation, hierarchy, and company address.
  3. Authorized institution of manpower issue will give the evidence number of registration by 7 (seven) days after receiving the information.

CHAPTER V

MEMBERSHIP

Subsection 9

Bipartite committee membership is set from entrepreneur and labourer/ workers/ employees with 1:1 composition, in which the headcount is based on the necessity, minimum 6 (six) people and maximum 20 (twenty) people. Article 10

  1. Hierarchy of Bipartite Committee at least consists of one head, one secretary, and member.
  2. Bipartite Committee head can be occupied in turns between entrepreneur representative and labour representative..
Article 11
  1. Service period of Bipartite Committee is 2 years
  2. The replacement of Bipartite committee members before the expiry date can be conducted based on the suggestion of representatives elements.
  3. The replacement of Bipartite committee members is informed to authorized institution responsible for manpower issues at city/ local level.

Article 12

Service period of Bipartite Committee member is terminated if :

  1. death;
  2. relocation or resignation;
  3. resignation from committee;
  4. replaced in accordance with his/her element she/he represents;
  5. another cause that blocks the jobs in committee membership

CHAPTER VI

WORK MECHANISM

Article 13

  1. Bipartite committee conducts meeting at least once a month or any time if necessary. LKS
  2. Meeting subject can be from entrepreneur, workers or Bipartite committee organizator
  3. Bipartite committee stipulates and discusses meeting agenda based on necessity
  4. Relationship between Bipartite committee and another institution in company is coordinative, consultative, and communicative.

CHAPTER VII

DEVELOPMENT

Article 14

  1. authorized institution responsible for manpower issues at city/ local level. with entreprenour organization and labour union conduct development for Bipartite Committee
  2. Development aforesaid in subsection (1) are as follows:
    1. Socialisation to entreprenaur and labour union to form Bipartite Committee:
    2. To give guidance concerning Bipartite committee formation and develoment

 

CHAPTER VIII

BUDGETING AND REPORT

Article 15

Any required cost to form and implement Bipartite activity shall be borne by entrepreneur.

Article 16

Bipartite committee activity is reported periodically every 6 (six) months to authorized institution esponsible for manpower issues at city/ local level.    

CHAPTER IX

CLOSING PROVISIONS

Article 17

At the time this decree starts to take effect, then Decree of Minister of Manpower No. Kep-328/MEN/1986 concerning Bipartite Committee shall herewith be declared null and void.    

Article 18

This ministerial decree is effective upon the date of its stipulation. Stipulated in Jakarta On October 31, 2003

 

MINISTER OF MANPOWER AND TRANSMIGRATION
REPUBLIC OF INDONESIA
JACOB NUWA WEA
 
     
 
 
@ 2005 - 2010 e-jobz.com All rights reserved l