Syllabus Fall Law

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, 2nd Year Subject

Labour Law Lecturer :

Ida Susanti, Dr.

A.   Short Description

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

1st Meeting Topics : Introduction to Indonesia Labour Law

Required Readings :

  • 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.

Activities : Lecture Discussion

2nd 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;

Required Readings :

  • 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).

Activities : Lecture Discussion

3rd Meeting Topics : Placement and Protection of Migrant Workers 2

  • Placement and Protection of Indonesian Migrant Workers in Foreign Countries

Required Readings :

  • Law 39 year 2004 regarding Placement and Protection of Indonesian
  • Migrant Workers;
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • 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).

Activities : Lecture Discussion

4th 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.

Required Readings :

  • Regulation-of-Foreign-Manpower-(Expatriate)-in-Indonesia (Umar Kasim – The Indonesian Netherlands Association. Jakarta, March 5th, 2015);
  • Regulation of the Ministry of Manpower and Transmigration of the Republic of Indonesia Number 12 of 2013 concerning Foreign Manpower Employing Procedures.

Activities : Lecture Discussion

5th Meeting Topics : Agreement to Work and its Variants

  • Agreement to perform specific services;
  • Employment agreement;
  • Supply Agreement

Required Readings :

  • 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.

Activities : Lecture Discussion

6th 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

Required Readings :

  • Law No. 13 year 2003 regarding Manpower;
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • 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.

Activities : Lecture Discussion

7th 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.

Required Readings :

  • Law No. 13 year 2003 regarding Manpower
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012.

Activities : Lecture Discussion

8th Meeting Topics : Wage Protection (1)

  • Wage and minimum wage;
  • Wage composition;
  • Hourly/daily/weekly/monthly wage;
  • Wage deduction.

Required Readings :

  • Wages Government Regulation No. 78 of 2015 on Remuneration

Activities : Lecture Discussion Home work

9th Meeting Topics : Wage Protection (2)

  • Wage deduction.
  • Delay of payment and penalty;
  • Wage protection during insolvency.

Required Readings :

  • Wages Government Regulation No. 78 of 2015 on Remuneration

Activities : Lecture Discussion Home work

10th 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

Required Readings :

  • Law No. 13 year 2003 regarding Manpower
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • Law No. 1 year 1970 concerning Safety

Activities :

  • Lecture Discussion
  • Field Research
11th Meeting Topics : Occupational Health

  • Working and resting hours;
  • Overtime payment;
  • Occupational leave;
  • Leaving for specific purposes;
  • Sick;
  • Protection for women and children.

Required Readings :

  • Law No. 13 year 2003 regarding Manpower ;
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • The Decree of Ministry of Manpower and Transmigration No. 102/Men/VI/2004 concerning Overtime Work Hours and Overtime Pay.

Activities :

  • Lecture Discussion
  • Field Research
12th 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.

Required Readings :

  • Law No. 13 year 2003 regarding Manpower ;
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • Law No. 1 year 1970 concerning Safety.

Activities : Lecture Discussion Field Research

13th 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.

Required Readings :

  • Law No. 13 year 2003 regarding Manpower ;
  • Indonesian Labour Law Guide, Better Work Indonesia, 2012;
  • Law No. 3 year 1992 regarding Jamsostek

Activities : Lecture Discussion Field Research

14th 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

Required Readings :

  • Law No. 13 year 2003 regarding Manpower ;
  • 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

Activities : Lecture Discussion

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 %