International Relations Program (IRP) Department of Law Faculty of Law, Parahyangan Catholic University Semester One 2016/2017 Subject : Labour Law Code : HUW 208 Credit Points : 2 Credits, 2 nd Year Subject Labour Law A. Short Description r : Ida Susanti, Dr. A.1. Instructional Goals This course will explore employment relationship between workers and employers. This relationship will apply bipartite mechanism, which is based on agreement between the parties. Nevertheless, since employment relationships in Indonesia economically and socially create inequality between them, there is tripartite mechanism to balance their relationship. It means that intervention of Indonesian government by issuing mandatory rules to protect the workers makes many aspects in Indonesian Labour Law is beyond the scope of agreement between the parties. A study of the law governing the employment relationship, including the establishment and termination of that relationship. Specific topics studied include employee access to job opportunities, employer information gathering (including testing), problems arising in the relationship between employers and employees organized and represented by labor unions, company regulation and collective labour agreement, prohibited discriminatory employment practices, regulation of wages, hours, and benefits of employment occupational safety and health, and social security protection for workers. A.2. Learning Process Participants will participated in a series of 14 weeks lecture, 1 mid-examination, 1 site visit (the main focus / interest and the visited institution will be determined between the lecturer and participants), 1 short project to report the latest phenomenon regarding employment relationship in the field and 1 final examination. Pre-requisite : None for ACICIS Students Civil Law for regular students 1 st Meeting Topics : Introduction to Indonesia Labour Law Law No. 13 year 2003 regarding Manpower; Labour Law in Indonesia (Journal of Law, Policy and Globalization, Vol 1 / 2014); Getting the Deal Through - Labour and Employment 2014 (Hutabarat, Halim and Partners), Law Business Research Ltd, 2014.
2 nd Meeting Topics : Placement and Protection of Migrant Workers 1 Labour market, Indonesian s obligation arisen by World Trade Organization Indonesian s obligation arisen by ASEAN Economic Community Labour mobility: inbound and outbound; Law 39 year 2004 regarding Placement and Protection of Indonesian Migrant Workers; Dreams turn to nightmares - for Indonesia s migrants (Patrick Quinn - Chief Technical Adviser ILO workers education project for Indonesia); Labour Migration From Indonesia (International Organization for Migration, 2010). 3 rd Meeting Topics : Placement and Protection of Migrant Workers 2 Placement and Protection of Indonesian Migrant Workers in Foreign Countries Law 39 year 2004 regarding Placement and Protection of Indonesian Migrant Workers; Dreams turn to nightmares - for Indonesia s migrants (Patrick Quinn - Chief Technical Adviser ILO workers education project for Indonesia); Migrant Workers to Access Justice at Home : Indonesia (Bassina Farbenblum, Eleanor Taylor-Nicholson, Sarah Paoletti Open Society Foundation, 2013). 4 th Meeting Topics : Placement and Protection of Migrant Workers 3 Placement and Protection of Foreign Workers in Indonesia; Indonesian Labour Law Guide, Better Work Indonesia, 2012. Regulation-of-Foreign-Manpower-(Expatriate)-in-Indonesia (Umar Kasim - The Indonesian Netherlands Association. Jakarta, March 5 th, 2015); Regulation of the Ministry of Manpower and Transmigration of the Republic of Indonesia Number 12 of 2013 concerning Foreign Manpower Employing Procedures.
5 th Meeting Topics : Agreement to Work and its Variants Agreement to perform specific services; Employment agreement; Supply Agreement Law No. 13 year 2003 regarding Manpower; Labour Law in Indonesia (Journal of Law, Policy and Globalization, Vol 1 / 2014); Getting the Deal Through - Labour and Employment 2014 (Hutabarat, Halim and Partners), Law Business Research Ltd, 2014; Book of Civil Law Book III, Chapter 7A. 6 th Meeting Topics : Employment Contract Validity of the employment contract and its legal effect (binding, voidable, null and void); Element s of employment contracts (3 essential elements, 1 unessential element); Temporary employment agreement; Outsourcing Law No. 13 year 2003 regarding Manpower; Labour Law in Indonesia (Journal of Law, Policy and Globalization, Vol 1 / 2014); Getting the Deal Through - Labour and Employment 2014 (Hutabarat, Halim and Partners), Law Business Research Ltd, 2014 Indonesia: Important New Rules on Outsourcing in Indonesia (Richard Cornwallis, 2013); Book of Civil Law Book III, Chapter 7A. 7 th Meeting Topics : Labour Union, Company Regulation, Collective Labour Agreement Company Regulation; Company regulation vs employment agreement; Labour union establishment; Rights of labour union; Collective bargaining; Representativeness of labour union to negotiate at a collective bargaining; Collective Labour Agreement;
Collective Labour Agreement vs Company Regulation; Collective Labour Agreement vs Employment Contract. Law No. 13 year 2003 regarding Manpower Indonesian Labour Law Guide, Better Work Indonesia, 2012. 8 th Meeting Topics : Wage Protection (1) Wage and minimum wage; Wage composition; Hourly/daily/weekly/monthly wage; Wage deduction. Wages Government Regulation No. 78 of 2015 on Remuneration Home work 9 th Meeting Topics : Wage Protection (2) Wage deduction. Delay of payment and penalty; Wage protection during insolvency. Wages Government Regulation No. 78 of 2015 on Remuneration Home work 10 th Meeting Topics : Workers Health and Safety Protection 3 types of protections: occupational health, occupational safety. Manpower social insurance; Mandatory character of each part; Scope of each part Law No. 13 year 2003 regarding Manpower Law No. 1 year 1970 concerning Safety
11 th Meeting Topics : Occupational Health Working and resting hours; Overtime payment; Occupational leave; Leaving for specific purposes; Sick; Protection for women and children. The Decree of Ministry of Manpower and Transmigration No. 102/Men/VI/2004 concerning Overtime Work Hours and Overtime Pay. 12 th Meeting Topics : Occupational Safety Effort to minimize occupational sickness and accident (regular heath checkup, basic training and safety facilities); Effort to repress the spread of occupational disease, Effort to prevent occupational accident. Law No. 1 year 1970 concerning Safety. 13 th Meeting Topics : Manpower Social Insurance (Jaminan Sosial Tenaga Kerja - Jamsostek) The nature of Jamsostek; Occupational accident protection; Death protection; Old age protection; Health service protection.
Law No. 3 year 1992 regarding Jamsostek 14 th Meeting Topics : Dispute in Industrial Relation and Termination of Employment Contract Type of disputes in industrial relation; Mechanism to settle industrial disputes; Type of termination of employment contract Dismissal and compensation Indonesian Dispute Resolution in Indonesia: Changes and Challenges (Factsheet on Industrial Dispute Settlement ILO) Termination of Employment in Indonesia (Makarim & Taira S. 2012) Law No 2 year 2004 on Industrial Relations Disputes Settlement References : Major Labour Laws of Indonesia (International Labour Office, 2004) Evaluation Criteria : 1. Mid-term Exam : 30 % 2. Final-term Exam : 50 % 3. Other Assessment (individual essay, group assignment, etc) : 20 %