Industrial relations disputes are disagreements resulting conflict between employers or joint employers with workers or union / trade union because of disputes about rights, conflicts of interest, termination disputes and disagreements between union / union in a company
Rights disputes are disputes arising out of unfulfilled rights, due to the implementation or interpretation of the provisions of legislation, work agreements, company regulations or collective labor regulations;
Rights disputes are disputes arising out of unfulfilled rights, due to the implementation or interpretation of the provisions of legislation, work agreements, company regulations or collective labor regulations;
Rights disputes are disputes arising out of unfulfilled rights, due to the implementation or interpretation of the provisions of legislation, work agreements, company regulations or collective labor regulations;
• Conflicts of interest are disputes that arise in employment due to lack of
conformity of opinion about the making of, and / or changes in working conditions \
stipulated in the employment agreement, or the company regulations or collective
labor agreements;
• The dispute is the termination of employment disputes arising in the absence of
opinion regarding the appropriateness of termination of employment relationship by
either party;
• The dispute between union / union is a dispute between union / union with unions /
other unions within one company only, because of the lack of understanding about
the membership agreement, the implementation of rights and obligations worker
society.
RESOLUTION BY BIPARTITE
• Industrial Relations Disputes shall first attempt resolution through bipartite
negotiations by deliberation to reach agree.
• The Bipartite Settlement must be completed at the latest 30 (thirty) working days
from the date of commencement of negotiations.
• In the bipartite settlement process needs to be made:
• Minutes of the negotiations
• List of present negotiations
• Demand and notice from either party negotiations.
• A joint agreement signed by both parties if the settlement is reached, and shall be
registered by the parties to the Court of Industrial Relations.
• If the dispute settlement is not reached an agreement (fails), then one or both
parties to the dispute directly filings Department of Labor and Social Balikpapan
• Department of Labor and Social Balikpapan noted that the dispute be submitted by
one or both sides into the Registry Book of Industrial Relations Disputes
• Listing of disputes without the attachment of the evidence Bipartite Settlement In
the files restored to the party who filed the listing;
• Head of Department or appointed official who offered to the parties to agree to
settle disputes of interests, rights disputes, termination disputes, disputes
between union / union in a company through the conciliators or arbitrators;
• Within 7 (seven) working days the parties can not agree on choosing the settlement
through the conciliators or arbitrators, the Acting Head of Department or
designated delegate to the mediator for dispute resolution.
MEDIATIONS
• Head of Department of Labor and Social Affairs ordered the city of Balikpapan
appoint two. Mediators to resolve industrial relations disputes;
• Make a court in writing to the parties;
• Creating a Joint Agreement dispute settlement if an agreement is reached. by both
parties, witnessed by the Mediation;
• Call witnesses or expert witnesses if necessary;
• Make a written recommendation when no agreement was reached by both parties;
• Making Minutes of Industrial Relations Disputes Settlement if the parties or one
party rejected a written recommendation;
• Create reports of settlement of industrial relations disputes to the Mayor of
Balikpapan and forwarded to the Minister of Manpower and Transmigration.
GOOD WORK MEDIATIONS
1. Research Image:
After receiving the delegation of dispute resolution mediator of the Head of Department or appointed official who accepted the appointment of mediators and the parties to resolve the dispute, then within no later than 7 (seven) working days must have been doing research files as follows:
• Letter of request from either party or of the parties;
• Minutes of bipartite negotiations;
• Letter of authorization from the parties if authorized;
• Checking the type of disputes encountered (Conflicts of Interest, Conflicts of
Rights, Conflicts of layoffs, The dispute between the SP / SB within one company).
2. The invitation to the Parties:
Establish a schedule the mediation session calling deliver written notice to the parties to the dispute.
3. Mediation Session:
a. Mediation Session Preparation:
• Understanding the essence of the problem or dispute in accordance with the received
file;
• Examining the background of disputes, among others, about things that cause
disputes occur, both the causes of internal or external causes;
• Looking for information on whether the dispute ever occurred in similar companies
and how the results of completion as well as foundations and forms of settlement;
• Prepare documents and legislation relating to the field of strife.
b. Implementation of Mediation Session:
• Opening session;
• Reading authorization letter from the parties if the parties depute;
• Provide an opportunity for the parties to submit further information / explanation;
• If necessary Mediator may call witnesses / expert witness;
• Strive to both parties to resolve disputes - deliberation and consensus;
• If an agreement is made Joint Agreement by both parties, witnessed by the
Mediations;
• Joint Agreement registered with the Industrial Relations Court;
• If the dispute settlement is not reached an agreement to the parties are advised to
continue to fulfill its obligations; In case no consensus Mediator at the latest within 10 (ten) working days must issue a written recommendation from the first trial;
• Since receiving the suggestion of the parties must accept or reject an answer no
later than 10 (ten) working days;
• A written recommendation when received by both parties in the Agreement for Joint
and if one party refuses or does not respond, Mediations is obliged to make the
minutes of settlement of dispute;
• Minutes of dispute settlement is an annex of the parties or one party to the
lawsuit legal efforts through the Industrial Relations Court of the District Court
in Samarinda (province)
Hopefully beneficial to the Human Resouces and also all employees throughout Indonesia. Take it as it is actual procedures to be followed in accordance with the provisions of applicable legislation
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