SK BP MIGAS/SKK MIGAS Nomor: 15/BP00000/2005-S8 Tentang Pengelolaan Sumber Daya Manusia Kontraktor Kontrak Kerja Sama (Official English Version)

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the Official English Version of Work Procedure Guidelines of Indonesia Executive agency For Upstream Oil and Gas Business Acitivies (PTK BP MIGAS) Number: 018/PTK/V/2005 about Human Resource …

the Official English Version of Work Procedure Guidelines of Indonesia Executive agency For Upstream Oil and Gas Business Acitivies (PTK BP MIGAS) Number: 018/PTK/V/2005 about Human Resource Management of Cooperation Contract Contractors

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  • 1. GUIDELINES EXECUTIVE AGENCY FOR UPSTREAM OIL AND GAS BUSINESS ACTIVITIES (BPMIGAS) WORK PROCEDURE GUIDELINES No.: 018 / PTK / V / 2005 ON HUMAN RESOURCE MANAGEMENT OF COOPERATION CONTRACT CONTRACTORS JAKARTA 1 BK 1.indd 1 4/27/2007 9:01:21 AM
  • 2. BK 1.indd 2 4/27/2007 9:01:22 AM
  • 3. GUIDELINES WORK PROCEDURE GUIDELINES ON HUMAN RESOURCE MANAGEMENT OF COOPERATION CONTRACT CONTRACTORS MANPOWER UTILIZATION & INDUSTRIAL RELATIONS DEPARTMENT EXTERNAL DIVISION DEPUTY OF GENERAL AFFAIRS EXECUTIVE AGENCY FOR UPSTREAM OIL AND GAS BUSINESS ACTIVITIES (BPMIGAS) JAKARTA 3
  • 4. SURAT KEPUTUSAN No. Kpts. 15/BP00000/2005-S8 TENTANG PEDOMAN PENGELOLAAN SUMBER DAYA MANUSIA KONTRAKTOR KONTRAK KERJA SAMA KEPALA BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI Menimbang: Bahwa dalam melaksanakan kegiatannya, Kontraktor Kontrak Kerja Sama turut bertanggung jawab dalam mengembangan dan meningkatkan sumber daya manusia baik yang berkaitan dengan proses rencana penggunaan tenaga kerja, pengembangan tenaga kerja nasional serta hubungan industrial dan kesejahteraan. b. Bahwa Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi mempunyai fungsi pengawasan dan pengendalian yang obyektif, bertanggung jawab dan transparan terhadap pengelolaan sumber daya manusia Kontraktor Kontrak Kerja Sama (KKKS) dengan mengutamakan penggunaan & pengembangan tenaga kerja nasional serta menjaga hubungan industrial yang kondusif di lingkungan kerja KKS. c. Bahwa para Pengelola sumber daya manusia Kontraktor Kontrak Kerja Sama diharapkan agar melakukan upaya nyata untuk mengelola sunber daya manusia secara profesional agar dapat mendukung program pengembangan tenaga kerja nasional dan mampu memelihara iklim “industrial peace” di lingkungan kerja. d. Mengingat: a. Bahwa BPMIGAS memberikan kewenangan kepada Kontraktor Kontrak Kerja Sama untuk melaksanakan kebijakan yang bersifat operasional, sedangkan kebijakan yang bersifat strategis serta berdampak besar terhadap kelangsungan operasi produksi, bertentangan dengan prinsip pengutamaan tenaga kerja nasional dan berdampak pada hubungan industrial secara menyeluruh di lingkungan KKS, tetap memerlukan persetujuan BPMIGAS. (1) Undang-Undang No. 22 Tahun 2001, tentang Minyak dan Gas Bumi; (2) Undang-Undang No. 13/2003 tentang Ketenagakerjaan; (3) Peraturan Pemerintah No. 42 Tahun 2002 tentang Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi; (4) Peraturan Pemerintah No. 35 Tahun 2004 tentang Kegiatan Usaha Hulu Minyak dan Gas Bumi; (5) Keppres. No. 49/M Tahun 2005 tanggal 29 Maret 2005 tentang pengangkatan Kepala BPMIGAS; 4 Surat Keputusan Surat Keputusan BADAN PELAKSANA GUIDELINES KEGIATAN USAHA HULU MINYAK DAN GAS BUMI
  • 5. -2Surat Keputusan Nomor : Kpts. 15/BP00000/2005-S8 Tanggal : 11 Mei 2005 Surat Keputusan Surat Keputusan BADAN PELAKSANA GUIDELINES KEGIATAN USAHA HULU MINYAK DAN GAS BUMI MEMUTUSKAN : Menetapkan : PERTAMA : Memberlakukan Pedoman Pengelolaan Sumber Daya Manusia Kontraktor Kontrak Kerja Sama yang terlampir dalam Surat Keputusan ini. KEDUA : Pedoman Pengelolaan Sumber Daya Manusia Kontraktor Kontrak Kerja Sama ini berlaku untuk seluruh Kontraktor Kontrak Kerja Sama di lingkungan kegiatan Usaha Hulu Minyak dan Gas Bumi. KETIGA : Ketentuan-ketentuan lain yang belum diatur atau belum cukup diatur, akan ditetapkan kemudian yang akan menjadi satu kesatuan dalam pedoman ini. Dengan diberlakukannya Pedoman ini, maka Pedoman Pengelolaan SDM KKKS yang diberlakukan sebelumnya dinyatakan tidak berlaku lagi untuk Kontraktor Kontrak Kerja Sama di lingkungan kegitan Usaha Hulu Minyak dan Gas Bumi. Surat Keputusan ini berlaku terhitung mulai tanggal ditetapkan. Ditetapkan di : Jakarta Pada Tanggal : 11 Mei 2005 Kepala Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi Kardaya Warnika 5
  • 6. Decree EXECUTIVE AGENCY FOR UPSTREAM OIL AND GAS BUSINESS ACTIVITIES GUIDELINES DECREE No. Kpts. 15/BP00000/2005-S8 ON GUIDELINES FOR HUMAN RESOURCE MANAGEMENT OF COOPERATION CONTRACT CONTRACTORS THE HEAD OF THE EXECUTIVE AGENCY FOR UPSTREAM OIL AND GAS BUSINESS ACTIVITIES Considering: That in carrying out their activities, Cooperation Contract Contractors share responsibility for developing and upgrading human resources, in connection with the planning process for manpower utilization, the development of national personnel, and industrial relations and welfare; b. That the Executive Agency for Upstream Oil and Gas Business Activities has the function of objective, responsible and transparent supervision and control over the management of Cooperation Contract Contractors’ (KKKS) human resources, with an emphasis on the use and development of national personnel and on maintaining conducive industrial relations within the KKKS’ workplaces; c. That Cooperation Contract Contractors’ human resource Managers are expected to make a genuine effort to manage human resources professionally in order to support the program for development of national manpower and to be able to maintain a climate of industrial peace in the workplace; d. Bearing in mind: a. That BPMIGAS grants the authority to Cooperation Contract Contractors to implement operational policies, while any policy of a strategic nature that has a major impact on the continuity of production operations, that conflicts with the principle of priority on the use of national personnel, or that has an impact on overall industrial relations in the KKKS workplace continues to require BPMIGAS approval; (1) Law No. 22/2001 on Oil and Gas; (2) Law No. 13/2003 on Manpower; (3) Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities; (4) Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities; (5) Presidential Decree No. 49/M/2005 dated 29 March 2005 on appointment of the Head of BPMIGAS; 6 i BK 1.indd 6 4/27/2007 9:01:26 AM
  • 7. Decree HAS DECIDED: GUIDELINES To stipulate: FIRST : To enact the Guidelines for Human Resource Management of Cooperation Contract Contractors that are attached to this Decree. SECOND : These Guidelines for Human Resource Management of Cooperation Contract Contractors shall apply to all Cooperation Contract Contractors in Upstream Oil and Gas Business activities. THIRD : Other provisions that are not yet regulated, or inadequately regulated, shall be determined later and shall become a part of these guidelines. When these Guidelines come into force, the Guidelines for Human Resource Management of Cooperation Contract Contractors that were previously in force are declared no longer applicable to Cooperation Contract Contractors in Upstream Oil and Gas Business activities. This Decree shall come into force effective as of the date of its promulgation. Promulgated in Jakarta on 11 May 2005 Head of the Executive Agency for Upstream Oil and Gas Business Activities [signed and sealed] Kardaya Warnika ii i BK 1.indd i 4/27/2007 9:01:27 AM
  • 8. Foreword GUIDELINES FOREWORD This Guidebook on Human Resource (HR) Management for Cooperation Contract Contractors (KKKS) represents a revision of the previous guidebooks and contains the procedures for KKKS HR management, in connection with the manpower utilization planning process, development of the national work force, and industrial relations and welfare. The process of drafting these guidelines involved practitioners in KKKS HR through working groups I, II, III, and IV. It is therefore hoped that it now accommodates most of the interests of the KKKS, without detriment to the oversight function of BPMIGAS. The revisions that have been made to the guidelines this time are based on changes in certain labor regulations and the spirit to manage KKKS HR by taking the side of the national work force based on competence through objective, transparent, and responsible supervision and control of HR. All KKKS HR managers are therefore expected to undertake genuine efforts to manage HR professionally so that the program for development of national workers can be implemented properly in order to support the companies’ production operation processes. From these guidelines, it is clear that BPMIGAS grants the authority to the KKKS to implement policies of an operational nature, while policies of a strategic nature, or that have a significant impact on the continuity of production operations or on industrial relations, continue to require BPMIGAS approval. This guidebook should serve as a collective reference for KKKS HR management. [For any] deviations from the implementation of KKKS HR management that are done without BPMIGAS approval, these guidelines will serve as the basis of BPMIGAS’s decision making in following up on audit findings related to HR. This guide book is written in Bahasa and English. If there is any difference between the two books, it should be an honest mistake and the Bahasa version shall prerails. iii ii BK 1.indd ii 4/27/2007 9:01:27 AM
  • 9. • Undertake Continuous Improvement processes to reduce overall costs. Initiatives in all • Increase integrated supervision and cost control. • Control the use of KKKS’ Human Resources in a structured and patterned way so that the costs of Indonesian personnel can reach 75% of the total personnel costs, with due attention to Cost-Benefit standards. • Evaluate the weaknesses in the Regulatory Framework (provisions of labor regulations) in Upstream Oil and Gas Activities and urge the Government to rectify them. • Encourage and accelerate supply of trained National Human Resources to support Upstream Oil and Gas Activities. BPMIGAS STRATEGY IN KKKS HR MANAGEMENT IN LINE WITH BPMIGAS BLUEPRINT FOR 2005-2010 BPMIGAS STRATEGY IN KKKS HR MANAGEMENT GUIDELINES IN LINE WITH BPMIGAS BLUEPRINT FOR 2005-2010 iv iii BK 1.indd iii 4/27/2007 9:01:27 AM
  • 10. GUIDELINES iv Untitled-4 1 4/30/2007, 9:55:04 AM
  • 11. Table of Contents GUIDELINES TABLE OF CONTENTS Decree ………………………………………………………………………………………………….. i Foreword ……………………………………………………………………………………………….. iii BPMIGAS Strategy in KKKS HR Management in Line with BPMIGAS Blueprint for 2005-2010 ………………………………………………………………………………………….. iv Table of Contents ……………………………………………………………………………………. v List of Attachments ……………………………………………………………………………………. vi 1. KKKS Employee Information Management ………………………………………………….. 1 2. Manpower Work Plan and Budget (RKA) …………………………………………………….. 6 3. Manpower Utilization Plan (RPTK) …………………………………………………………… 17 4. Permit to Employ Expatriate Personnel (IMTA) …………………………………………….. 29 5. Career Development Monitoring ……………………………………………………………… 34 6. Mentoring ……………………………………………………………………………………….. 38 7. International Career Development …………………………………………………………… 40 8. Extension of Work Relationship Beyond Retirement Age …………………………………. 43 9. Recruitment of Indonesian Personnel (TKI) …………………………………………………. 45 10. Conduct of Education and Training ………………………………………………………….. 47 11. Education and Training for BPMIGAS Employees and Employees of Government Agencies at KKKS Expense …………………………………………………… 51 12. Practical Work Training for University Students, COOP, Students, and Other Parties…. 55 13. Domestic Scholarships ………………………………………………………………………… 62 14. Overseas Scholarships ………………………………………………………………………… 63 15. Preparation of Company Regulations and Collective Labor Agreements (PP & CLA) …. 64 16. Compensation and Benefits …………………………………………………………………… 67 17. Termination of Employment (PHK) and Mutual Agreement Termination (MAT) ………… 69 18. Administrative Provisions for Medical Board ………………………………………………… 72 19. Administrative Procedure for Approval of Medicine by Pharmacists ……………………… 74 20. Administrative Procedure for Referring Patients for Treatment Abroad ………………….. 76 21. Administrative Procedure for Employee Health Examinations …………………………….. 79 v v
  • 12. Table of Contents Attachments GUIDELINES ATTACHMENTS 1. KKKS EMPLOYEE INFORMATION MANAGEMENT Attachment 1. Workforce Report (KTK) ……………………………………………............... Attachment 2. Personnel Transfer Report (MTK) ………………………………………....... 2. MANPOWER WORK PLAN & BUDGETS (RKA) Attachment 1. Budgeted Total Personnel Expenses ……………………………………...... Attachment 2. Compensation & Benefits Budget Evaluation ………………………………. Attachment 3. Operational Statistics for Manpower (Report Table 11 of WP&B) ……….. Attachment 4. Operational Statistics for Expatriate Personnel Analysis (Report Table 12 of WP&B) ………………………………………………...... Attachment 5. Budget Year Expenditure (Budget Schedule 17 of WP&B) …………......... Attachment 6. Project Status Report (Report Table 15 of WP&B) ……………………....... 3. MANPOWER UTILIZATION PLAN (RPTK) Attachment 1. Explanatory Note ………………………………………………………………. Attachment 2. Applicant Identity ………………………………………………………………. Attachment 3. MD-1 Organizational Structure ………………………………………………. Attachment 4. MD-2 TKA Use and Replacement Planning Chart ………………………… Attachment 5. Brief Job Descriptions and Minimum Requirements for TKA Positions …. Attachment 6. Education and Training Programs for Indonesian Workers for Replacement of TKA …………………………………………………….… Attachment 7. MD-3 Recapitulation of Numbers of Formation of TKA/TKI Positions and Indonesianization Plan …………………………………………………... Attachment 8. MD-4 International Employee Exchange Programs (Swapping) ………… 4 5 11 12 13 14 15 16 21 22 23 24 25 26 27 28 4. PERMITS TO EMPLOY EXPATRIATE PERSONNEL (IMTA) Attachment 1. Letter of Request for Work Permit New/Extension/ Extension with Change of Position …………………………………………… 31 Attachment 2. Letter of Request to the Three Directors General ………………………….. 32 Attachment 3. Request for Temporary Work Permit ………………………………………… 33 5. CAREER DEVELOPMENT MONITORING (CDM) Attachment 1. Minutes of CDM Meetings …………………………………………………….. 37 6. INTERNATIONAL CAREER DEVELOPMENT Attachment 1. See respective KKKS (Individual Development Plans) 7. CONDUCT OF EDUCATION AND TRAINING Attachment 1. Annual Training Report Budget & Evaluation ………………………………. 8. EDUCATION AND TRAINING FOR BPMIGAS EMPLOYEES AND EMPLOYEES OF GOVERNMENT AGENCIES AT KKKS EXPENSE Attachment 1. Agreement Letter for Obligation Entitlement to Follow Training Program KKKS Expense …………………………………………………………………. 54 9. PRACTICAL WORK PROGRAMS FOR UNIVERSITY STUDENTS, COOP, STUDENTS, AND OTHERS PARTIES Attachment 1. Technical Education Assistance (TEA) 1 ……………………………………. 58 Attachment 2. Technical Education Assistance (TEA) 2 ……………………………………. 60 10. ADMINISTRATIVE PROCEDURE FOR REFERRING PATIENTS FOR TREATMENT ABROAD Attachment 1. Assistance Requisition Sheet (ARS) ………………………………………… 50 78 vi vi
  • 13. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : KKKS EMPLOYEE INFORMATION MANAGEMENT Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 KKKS Employee Information Management is management of data on KKKS (Cooperation Contract Contractor) employees as a basis for the HR management that is needed by the managements of BPMIGAS and the KKKS. 1.2 KKKS Employee Information Management is implemented through various means in order to be fast and accurate by using the KKKS manpower data information system that can be accessed through the site http://www.bpmigas.com. 1.3 The reporting information represents the data on employees that is needed to support management decisions in supervising and controlling KKKS HR. 1.4 KKKS Employee Information Management GUIDELINES To anticipate the rapid and complex changes in HR, fast and accurate employee data/information is needed. II. AIMS 2.1 To monitor the management of the KKKS’s HR within the KKKS. 2.2 To obtain data that can serve as a reference within the KKKS and can be opened at any time by employees (those who have access to the KKKS manpower data information system) within the KKKS. 2.3 To provide information for conducting KKKS HR management. III. AUTHORITY 3.1 Every KKKS shall designate officers to enter data into the KKKS manpower data information system and to produce manpower reports, which shall be approved by the top HR management. 3.2 The employees who are given this duty shall have access to enter the KKKS manpower data information system in the site http://www.bpmigas.com. IV. INSTRUCTIONS/IMPLEMENTATION 4.1 To support quick and accurate management decisions, the information that is obtained through this reporting system shall be sent to BPMIGAS using these facilities: x x x x KKKS Internet Site: http://www.bpmigas.com. Letter. Facsimile. E-mail. 1 BK 1.indd Isi1 4/27/2007 9:01:29 AM
  • 14. KKKS Employee Information Management GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : KKKS EMPLOYEE INFORMATION MANAGEMENT Promulgated on : 11-05-2005 Effective : 11-05-2005 4.2 KKKS are required to enter their data into the KKKS manpower data information system created by BPMIGAS, which can be accessed through the site http://www.bpmigas.com at the manpower data information system. 4.3 KKKS are required to keep their data updated at all times in line with the actual conditions in the company. 4.4 Until a KKKS has entered its data into the manpower data information system, the KKKS is required to perform monthly reporting in line with what is currently applicable: 4.4.1 KKKS Workforce Report. x x 4.4.2 Number of TKI (Indonesian personnel), both full posting (in line with RPTK) and TPC (short term, of a project/temporary nature). Number of TKI, comprised of: - Employees for definite Period (PWTT) or permanent employees. - Employees for Limited Periods (PWT) or contract employees (direct hires). - TPC employees, for short term on a project/temporary basis. Personnel Transfer Report (MTK). x Intake of TKI (B). x Transfers (T): - Ta = Change of Position, Department, Location/Area. - Tb = Promotion (change of grade/category, position). - Tc = Internationalization. - Td = Swapping/Exchange of International Employees. - Te = Job Assignment/Overseas On the Job Training. - Tf = Change of Job Title and Organizational Change. - Tg = Leave without Pay. x Termination of Employment (P): - Pa = Retirement at Retirement Age. - Pb = Early Retirement on Own Request. - Pc = Resignation. - Pd = Mutual Agreement Termination (MAT). - Pe = Passed Away. - Pf = Health Reasons. - Pg = Caused by Serious Violations committed by employee. - Ph = Company Closure. 4.5. KKKS shall prepare Reports other than those mentioned above as specified by BPMIGAS. 2 BK 1.indd Isi2 4/27/2007 9:01:30 AM
  • 15. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : KKKS EMPLOYEE INFORMATION MANAGEMENT Promulgated on : 11-05-2005 Effective : 11-05-2005 V. REFERENCES 5.1 Law No. 22/2001 on Oil and Gas. 5.2 Law No. 13/2003 on Manpower. 5.3 Government Regulation No. 42/2002 on the Executive Agency For Upstream Oil and Gas Business Activities. 5.4 Government Regulation No. 35/2004 on the Upstream Oil and Gas Business Activities. 5.5 KKKS Employee Information Management GUIDELINES Cooperation Contracts (KKS). VI. ATTACHMENTS 6.1 Workforce Report (KTK). (Attachment 1). 6.2 Personnel Transfer Report (MTK). (Attachment 2). 3 BK 1.indd Isi3 4/27/2007 9:01:31 AM
  • 16. BK 1.indd Isi4 No. KKKS Lokasi/Wilayah Kerja Staff PWTT Non Staff Sub Total Staff PWT Non Staff Nasional Sub Total State Empl. Sub. Cont. Total LAPORAN KEKUATAN PEKERJA KKKS Bulan ……………………… IMTA IKS Sub Kontraktor Tenaga Kerja Asing Sub Total Grand Total Keterangan Attachment 1 KKKS Employee Information Management Attachment 1 GUIDELINES 4 4/27/2007 9:01:31 AM
  • 17. BK 1.indd Isi5 Nama Ta Tb Tc Td Te Tf Tg Nopeg S NS Kategori = Pindah Jabatan, Departemen, Lokasi/Area = Promosi (perubahan grade/golongan/jabatan) = Internasionalisasi = Swapping/Pertukaran Pekerja Internasional = Job Assignment/Overseas On The Job Training = Change Job Title dan perubahan organisasi = Leave Without Payment B = Baru (Penerimaan Pekerja Baru) T = Transfer Catatan : No. Nama KKKS Jabatan dan Kedudukan Lama Baru Dept. Jabatan Gol. Lokasi Dept. Jabatan Gol. Tmt. Code Ket. Attachment 2 KKKS Employee Information Management Attachment 2 P = PHK (pemutusan hubungan kerja) Pa = Pensiun Purnakarya Pb = Pensiun Dini Atas Permintaan Sendiri Pc = Mengundurkan Diri Pd = Mengundurkan Diri Atas Kesepakatan Bersama (Mutual Agreement Termination) Pe = Meninggal Dunia Pf = Alasan Kesehatan Pg = Disebabkan Pelanggaran Berat Yang Dilakukan Pekerja Ph = Penutupan Perusahaan Lokasi LAPORAN MUTASI TENAGA KERJA INDONESIA Bulan ………………………………………… GUIDELINES 5 4/27/2007 9:01:32 AM
  • 18. Manpower Work Plan and Budget (RKA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER WORK PLAN AND BUDGET (RKA) Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1. The Manpower Work Plan & Budget (RKA) is a work plan for Personnel management activities that is put into the form of a plan for the expenditures of each KKKS (Cooperation Contract Contractor), which forms the basis for preparation of the overall Work Program & Budget. 1.2. Total Personnel Expenses is the entire amount of expenditures of personnel costs, which consists of Salary & Wages, Benefits, and other expenditures for personnel (Personnel Expenses). Total Personnel Expenses are broken down into three types of activities, namely: categories of Exploration/Development, Production, and Administration. 1.2.1. Exploration/Development Category. These Total Personnel Expenses data should be in line with what is set forth in the Budgeted Exploration/Development Expenses section of the Work Program and Budget (Attachment to Schedule-4). 1.2.2. Production Category. These Total Personnel Expenses data should be in line with what is set forth in the Budgeted Production Expenses section of the Work Program and Budget (Attachment to Schedule-8). 1.2.3. Administration Category. These Total Personnel Expenses data should be in line with what is set forth in the Administrative Expenses section of the Work Program and Budget (Attachment to Schedule-11). 1.3. Budgeted Total Personnel Expenses is the breakdown of the budget filled in with data on expenditures for TKI [Indonesian personnel] & TKA [Expatriate personnel] to the end of the year from Total Personnel Expenses, which include Salary, Wages & Benefits, and the Personnel Expenses that are allocated to the functions of Exploration/Development Expenses, Production Expenses, and Administrative Expenses. 1.4. Compensation and Benefits Budget Evaluation is the breakdown of the budget based on the components of Salary/Wages, Other/Employee Benefits, and the labor cost content that is included in Technical Services, Outside Services, Materials, Insurance, Environmental Control, and Sundries. II. AIMS 2.1. To exercise supervision and control over the HR management of Cooperation Contract Contractors (KKKS) through Strategic analysis and evaluation, based on the Cooperation Contract relationship. 2.2. To ensure the management. KKKS’s commitment in implementing its manpower 6 BK 1.indd Isi6 4/27/2007 9:01:32 AM
  • 19. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER WORK PLAN AND BUDGET (RKA) Promulgated on : 11-05-2005 Effective : 11-05-2005 III. AUTHORITY 3.1. KKKS shall prepare a draft budget based on the work plan for personnel activities to be carried out in the coming fiscal year in line with the company’s business strategy/needs and its financial capability. 3.2. BPMIGAS shall conduct an evaluation of the draft Work Plan & Budget (RKA) in the personnel sector that was prepared by the KKKS in line with the company’s WP&B and grant its approval, to serve as guidelines for the KKKS in the implementation of its work plan in the personnel sector for the coming fiscal year. If the KKKS must make personnel policies outside the RKA that has been approved by BPMIGAS, the KKKS must request prior approval from BPMIGAS. Manpower Work Plan and Budget (RKA) GUIDELINES IV. INSTRUCTIONS/IMPLEMENTATION 4.1. KKKS shall prepare a budget based on the work plan of activities in the Personnel sector that are to be carried out in the coming fiscal year. This shall be entered into the Budgeted Total Personnel Expenses, Annual Compensation & Benefits Budget Evaluation, and Budget & Evaluation Training Report forms (see guidelines for conduct of education and training), accompanied by Budget Schedule No. 17 (Budget Year Expenditure), Report Table 15 of the WP&B (Project Status Report), Report Table 11 of the WP&B (Operational Statistics for Expatriate Personnel Analysis). This shall then be submitted to BPMIGAS, attn. Head of Manpower Utilization & Industrial Relations Service, before the WP&B meeting is held (before 30 September of the current year). 4.2. The Head of the Manpower Utilization & Industrial Relations Service shall conduct an evaluation of the Personnel Work Plan and Budget that has been submitted and discuss it with the KKKS concerned for a recommendation to the WP&B Team. 4.3. The approved Work Plan and Budget for the Personnel sector shall serve as material for the implementation of the KKKS’s personnel management in the period of the coming fiscal year (in line with the period of the overall WP&B). 4.4. In the current fiscal year: 4.4.1. If, in the implementation/realization of the work plan, there are cost overruns that exceed the approved budget limit, the KKKS is required to request prior approval from BPMIGAS before these can be entered as an additional charge to operating costs. However, if these cost increases are solely due to an increase in the number of Indonesian personnel, and the amount is not greater than 10% of the approved personnel budget, the KKKS may carry this out without BPMIGAS approval. 4.4.2. If the KKKS undertakes Compensation & Benefits measures outside the work plan, the KKKS shall request prior approval from BPMIGAS. 7 BK 1.indd Isi7 4/27/2007 9:01:33 AM
  • 20. Manpower Work Plan and Budget (RKA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER WORK PLAN AND BUDGET (RKA) Promulgated on : 11-05-2005 Effective : 11-05-2005 4.5. If the KKKS plans to revise its approved Personnel Budget, the KKKS shall submit the revision to BPMIGAS, attn. Head of Manpower Utilization & Industrial Relations Service, by submitting the completed Attachment 1.2 form and the revised Report Table 11 of the WP&B (Attachment 3) and Report Table 12 of the WP&B (Attachment 4). 4.6. The Personnel Work Plan and Budget represents the basis for the use of Manpower. Therefore, every submission of RPTK & Permit for Use of Workers, especially for TKA (expatriate personnel), must be based on the Personnel Work Plan & Budget that has been approved. 4.7. Measures taken by the KKKS in the Manpower sector that are not based on the Manpower Work Plan & Budget without going through BPMIGAS approval and/or that are not based on BPMIGAS policies/decisions, cannot be counted as operating costs. V. REFERENCES 5.1. Law No. 22/2001 on Oil and Gas. 5.2. Law No. 13/2003 on Manpower. 5.3. Government Regulation No. 42/2002 on the Executive Agency For Upstream Oil and Gas Business Activities. 5.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 5.5. Cooperation Contract (KKS). 5.6. Work Program & Budget (WP&B). VI. ATTACHMENTS 6.1. Budgeted Total Personnel Expenses (Attachment 1). 6.2. Compensation & Benefits Budget Evaluation (Attachment 2). 6.3. Operational Statistics for Manpower, Report Table 11 of WP&B (Attachment 3). 6.4. Operational Statistics for Expatriates Personnel Analysis, Report Table 12 of WP&B (Attachment 4). 6.5. Budget Year Expenditure, Budget Schedule 17 of WP&B (Attachment 5). 6.6. Budget Status Report, Report Table 15 of WP&B (Attachment 6). VII. COMPLETION INSTRUCTIONS Attachment 1: BUDGETED TOTAL PERSONNEL EXPENSES. Line 1: Exploration/Development Expenses. Data on employees from the Exploration/Development group. x 8 BK 1.indd Isi8 Employee Salary Wages/Benefits. Data on Salary Wages/Benefits shall be entered into the appropriate columns, i.e. the Salary Wages/Benefits column, for both national employees and expatriates. 4/27/2007 9:01:33 AM
  • 21. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER WORK PLAN AND BUDGET (RKA) Promulgated on : 11-05-2005 x Effective : 11-05-2005 Personnel Expenses are costs related to personnel other than Salary Wages/Benefits. These costs are used for Employee Relations, Training, Accommodation, Welfare/Medical, and Other which are budgeted in the Exploration/Development group. These data are to be entered into the appropriate column: Technical Services, Outside Services, Materials, Insurance, Environment Control, and Sundries. In the Work Program & Budget, these Personnel Expenses are part of the Administration budget (row 21) below the sub-heading Exploration Administration Expenditures (row 20) in the Attachment to Schedule-4. x Manpower Work Plan and Budget (RKA) GUIDELINES Manpower Budget is to be completed in line with the planned number of personnel in the Exploration/Development group. Line 2: Production Expenses. Data on employees from the Production group. x Employee Salary Wages/Benefits. Data on Salary Wages/Benefits shall be entered into the appropriate columns, i.e. the Salary Wages/Benefits column, for both national employees and expatriates. x Personnel Expenses. This budget represents costs related to personnel other than for Salary & Benefits. These costs are in line with the data for Employee Relations in row 40 in the Attachment to Schedule-8 of the WP&B, plus the budget for other personnel. These data are to be entered into the appropriate column: Technical Services, Outside Services, Materials, Insurance, Environment Control, and Sundries. Manpower Budget. Data on the number of personnel, to be completed in line with the planned number of personnel in the Production group. x Line 3: Administrative Expenses. Data on employees from the Administration group. x x Employee Salary Wages/Benefits. Data on Salary Wages/Benefits shall be entered into the appropriate columns, i.e. the Salary Wages/Benefits column, for both national employees and expatriates. Personnel Expenses. This budget represents costs related to personnel other than for Salary & Benefits. These costs are in line with the data in Personnel Expenses (row 24), Attachment to Schedule-11 of the WP&B, plus the budget for other personnel (Outside Contract, Technical Services, etc.) from the Administration group. These data are to be entered into the appropriate column: Technical Services, Outside Services, Materials, Insurance, Environment Control, and Sundries. 9 BK 1.indd Isi9 4/27/2007 9:01:34 AM
  • 22. Manpower Work Plan and Budget (RKA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER WORK PLAN AND BUDGET (RKA) Promulgated on : 11-05-2005 x Effective : 11-05-2005 Manpower Budget. Data on the number of personnel, to be completed in line with the planned number of personnel in the Production group. Attachment 2: COMPENSATION & BENEFITS BUDGET EVALUATION. The data that are evaluated are the data from each group, i.e. Exploration & Development, Production, and Administration, by filling in the data on realization from the previous year, the budget for the current year, and the planned budget for the coming year. The data are completed in line with the total Salaries & Benefits in the entire work area; data on Outside Services, Materials, Insurance, and environmental control are filled in it they have an allocation of personnel costs for these types of costs. Attachments 3 & 4: - OPERATIONAL STATISTICS FOR MANPOWER, REPORT TABLE-11 OF WP&B (Attachment 3). - OPERATIONAL STATISTICS FOR EXPATRIATES PERSONNEL ANALYSIS, REPORT TABLE-12 OF WP&B (Attachment 4). These are the Proposed Budget in Report Table-11 of the WP&B (Attachment 3) and Report Table-12 of the WP&B (Attachment 4). Attachment 5: BUDGET YEAR EXPENDITURE, WP&B (Attachment 5). Budget Schedule-17 of This is the proposed budget in Budget Schedule 17 of the WP&B. Attachment 6: PROJECT STATUS REPORT, REPORT TABLE-15 (Attachment 6). These are data on the Supervision and General & Administration budget in the project in line with the AFE. These data are taken from Report Table-15, Project Status Report in the Procedure Manual of Production Sharing Contract. In each project AFE (for example, Seismic & Other Survey, G&G, Exploration Drilling, Delineation Drilling, Development Drilling, etc.), there is a budget allocation for Supervision, General & Administration, which represents the project personnel budget set forth in the Project Status Report/closed out report for the AFE Project. 10 BK 1.indd Isi10 4/27/2007 9:01:35 AM
  • 23. BK 1.indd Isi11 DESCRIPTION BUDGETED TOTAL PERSONNEL EXPENSES TOTAL Manpower Work Plan and Budget (RKA) Attachment 1 MATERIALS PERSONNEL COST ENVIRONM. TECH. OUTSIDE INSURANCE CONTROL SUNDRIES SAL./WAGES BENEFITS SERV. SERV. DOMESTIC IMPORT EXPAT NATIONAL EXPAT NAT. EXPAT NAT. MAN POWER BUDGET : : : Exploration/Dev. Expenses a. Employee Salary & Benefits b. Personnel Expenses (Administration)* 2. Production Expenses a. Employee Salary & Benefits b. Personnel Expenses** 3. Administrative Expenses a. Employee Salary & Benefits b. Personnel Expenses** TOTAL * : Personnel Expenses, part of Administration Expenses in Exploration /Dev. without Salary & Benefits. ** : Personnel Expenses Without Salary & Benefit for all employee status. 1. LINE Operator Contract Area Proposed Budget Year Attachment 1 Attachment 1 GUIDELINES 11 4/27/2007 9:01:35 AM
  • 24. Manpower Work Plan and Budget (RKA) Attachment 2 GUIDELINES Attachment 2 COMPENSATION & BENEFITS BUDGET EVALUATION Operator : Operator Contract : Contract Area Proposed Budget Year : : : DESCRIPTION PREVIOUS BUDGET CURRENT BUDGET BUDGET FOR NEXT YEAR % VARIANCE (1) LINE (2) (3) (3-2) 2 EXPAT 1. NATIONAL EXPAT NATIONAL EXPAT NATIONAL EXPAT NATIONAL SALARIES & WAGES - Base Salary - Housing Allw - Transport Allw - Regional Allw - Leave day off …………………….. Total Salaries & Wages 2. OTHER/EMPL. BENEFIT - Field Allw - Rotational Allw - Shift Premium - Meals & Trpt O/T Allw - Incentives Comp Plan - THRK Allw - Employee Tax …………………………… Total Other/Empl. Benefit 3. TECHNICAL SERVICES - Salary - other Total Technical Services 4. OUTSIDE SERVICES - Salary - other Total Outside Services 5 MATERIALS* 6 INSURANCE* 7 ENVIRONMENTAL CONTROL* 8 SUNDRIES* (personnel expenses that not covered by all items above) ** TOTAL * : For Personnel Expenses & Benefits ** : Diisi sesuai Budget Schedule 17 WP&B 12 BK 1.indd Isi12 4/27/2007 9:01:36 AM
  • 25. Attachment 4 Attachment 3 (Report Table 11 of WP&B) (Report Table 11 of WP&B) OPERATIONAL STATISTIC FOR MANPOWER OPERATIONAL STATISTIC FOR MANPOWER Operator Contract Area Proposed Budget Year DESCRIPTION 1. TOTAL MANPOWER 2. NUMBER OF EXPATRIATE POSISITIONS - Routine - Project 3. NUMBER OF NATIONAL STAFF 4. NUMBER OF NATIONAL NON-STAFF 5. NUMBER OF INDONESIANIZED POSITIONS : : : Previous Budget WP&B CURRENT YEAR Year To Date Q3 Original Revision Budget Actual Proposed Next Year Budget Manpower Work Plan and Budget (RKA) Attachment 3 GUIDELINES - Exploration - Other E & P - Finec - Administration & Other 6. TRAINING & COURSES a. Category : - S1 degree - S2 degree - S3 degree - Other (AKAMIGAS) - S2 Overseas Category : - In House - Domestic - Overseas Practical Training for Univ. Student b. Training Expenditures (K US$) : 13 BK 1.indd Isi13 4/27/2007 9:01:37 AM
  • 26. Manpower Work Plan and Budget (RKA) Attachment 4 GUIDELINES Attachment 4 Attachment 5 (Report Table 12 W P&B) (Report Table 12 ofof WP&B) OPERATIONAL STATISTIC FOR EXPATRIATE PERSONNEL ANALYSIS Operator Contract Area Proposed Budget Year DESCRIPTION : : : Previous Budget CURRENT YEAR WP&B Year to Date Q3 Original Revision Budget Actual Proposed Next Year Budget 1. OPERATIONAL RESULT a. Discoveries + Reassesment Res. Eq. bbl. b. Production Equivalent bbl. 2. FINANCIAL RESULT a. Exploration Expenditures b. Development Expenditures c. Production + Other Expenditures d. Total Expenditures 3. NUMBER OF EXPATRIATES a. Exploration b. Other E&P c. Finance + Administration d. Total Expatriates 4. UNIT ANALYSIS 4. UNIT ANALYSIS a. Expatriates Exploration - Additional Reserve/personnel (1a:3a) - Explo. Expenditures/personnel (2a:3a) b. Other E&P - Production/Personnel (1b:3b) - Dev. Expenditures/personnel (2b:3b) c. Finance + Administration - Production/Personnel (1b:3c) - Expenditures/personnel (2d:3d) 14 BK 1.indd Isi14 4/27/2007 9:01:38 AM
  • 27. BK 1.indd Isi15 10 11 12 13 1 2 3 4 5 6 7 8 9 LINE TOTAL EXPANDITURES Administration Total Non-Capital Expanditures NON-CAPITAL EXPANDITURES Exploration and Development Production CAPITAL EXPANDITURES Exploration and Development Production Administration Total Capital Expanditures DESCRIPTION Expressed in Thousands of Dollars OPERATOR CONTRACT AREA PROPOSED BUDGET (NEXT YEAR) : : : EXPAT NATIONAL EXPAT NATIONAL EMPLOYEE BENEFITS EMPLOYEE BENEFITS 1) PERSONAL COST SALARIES SERVICES TECHNICAL 2) 3) SERVICES OUTSIDE 5) CONTROL ENVIRONMENTAL 6) SUNDRIES 7) 8) TOTAL Manpower Work Plan and Budget (RKA) Attachment 5 MATERIALS INSURANCE CONTRACT/ 4) BUDGET YEAR EXPENDITURE Attachment 5 Attachment 6 6 BUDGET SCHEDULE OF WP&B BUDGET SCHEDULE 1717 of WP & B GUIDELINES 15 4/27/2007 9:01:38 AM
  • 28. Manpower Work Plan and Budget (RKA) Attachment 6 GUIDELINES Attachment 6 Attachment 7 (ReportReport Table of of WP&B Table 15 15 WP&B) BPMIGAS PRODUCTION SHARING CONTRACT PROJECT STATUS REPORT OPERATOR CONTRACT AREA QUARTER ENDED : : : Remaining Estimated Over/(Under) Original Revised Prev. Yr This Qtr Total YTD Budget Actual Amount Budget 4 5 6 7 8 9 10 11 Total Budget AFE by Catagories Actual Expenditures Remarks 16 - Seismic & Other Survey * Supervisi * General & Admin. Subtotal - G&G * Supervisi * General & Admin. Subtotal - Exploration Drilling * Supervisi * General & Admin. Subtotal - Delineation Drilling * Supervisi * General & Admin. Subtotal - Development Drilling * Supervisi * General & Admin. Subtotal - Production Facilities * Supervisi * General & Admin. Subtotal - Work Over * Supervisi * General & Admin. Subtotal - Equipment * Supervisi * General & Admin. Subtotal - Other * Supervisi * General & Admin. Subtotal Grand Total Note : Data kumulatif diambil dari masing-masing AFE Proyek, hanya baris supervisi dan G&A. 16 BK 1.indd Isi16 4/27/2007 9:01:39 AM
  • 29. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER UTILIZATION PLAN (RPTK) Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 BPMIGAS plays a role as supervisor and controller of the work plans and budgets (WP&B) of KKKS. 1.2 The KKKS Manpower Utilization Plan (RPTK) is prepared on the basis of the WP&B, with consideration to the operational interests of the KKKS, fostering and development of TKI (Indonesian personnel), and transfer of technology. 1.3 Evaluation and monitoring of the use of TKA (expatriate personnel) will be evaluated on the basis of competency in the implementation of point 1.2 above. 1.4 Basically, in filling in the RPTK, priority is on Indonesian personnel. 1.5 Utilization of Expatriate Personnel (TKA) is a part of transfer of technology and knowledge, and placement of company representatives. Manpower Utilization Plan (RPTK) GUIDELINES II. AIMS Basically, the RPTK is needed for these aims: 2.1 To support the KKKS’s oil and gas operations in line with the WP&B. 2.2 As part of the company’s business strategy plan in connection with HR. 2.3 As an instrument for supervising the use of manpower to ensure it is effective and efficient. 2.4 Optimization of the use of expatriate personnel in the framework of creating job opportunities for, fostering, and developing Indonesian personnel. 2.5 As a basis for submitting IMTA (Permit to Employ Expatriate Personnel) requests. III. AUTHORITY 3.1 KKKS shall submit RPTK applications to BPMIGAS for evaluation. 3.2 BPMIGAS shall evaluate and approve the KKKS’s RPTK and forward it to the relevant agency if necessary. IV. REGULATION/LIMITS 4.1 The RPTK may be made for a maximum period of 5 years, in accordance with Decree of the Minister of Manpower No. KEP-173/MEN/2000 on Term of RPTK, article 3 clause 2, provided that the KKKS has a WP&B in line with the period of the year of submission of the RPTK. 4.2 Changes shall be made to the RPTK if: 4.2.1 There are changes to the structure, name, or period, or additions to expatriate positions. 4.2.2 There is a significant reorganization/restructuring (3 layers from the top) in the KKKS. 4.2.3 There is a change in Work Plan or Operation Commitment. 17 BK 1.indd Isi17 4/27/2007 9:01:40 AM
  • 30. Manpower Utilization Plan (RPTK) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER UTILIZATION PLAN (RPTK) Promulgated on : 11-05-2005 Effective : 11-05-2005 4.3 Aside from point 4.2 above, the KKKS may make changes to its organizational structure (below [the top] 3 layers), and report them to BPMIGAS. 4.4 Times for submission of KKKS RPTK: For KKKS that employ expatriate personnel: No later than four (4) months before the current RPTK is due to expire. For KKKS that do not employ expatriate personnel: Approval is granted only by BPMIGAS and it shall be submitted no later than one (1) month before the current RPTK is due to expire. 4.5 Plans for use of expatriate personnel shall be evaluated based onWP&B and foreign workers shall be evaluated based on the the WP&B other special justifications. and other special justifications. 4.6 Charges of costs for expatriate personnel who are used for more thanone (1) Charges of costs for foreign workers who are used for more than one (1) mining work area (WKP) shall be calculated pro rata. work area (WKP) shall be calculated pro rata. 4.7 Project RPTK are part of the regular RPTK. 4.8 Swapping Program RPTK may be prepared separately from the regular RPTK. 4.9 Every planned use of of expatriate personnel must be accompanied by a planned use foreign personnel must be accompanied by a Indonesian personnel personnel development plan, which periodically discussed in the Indonesiandevelopment plan, which shall be shall be periodically discussed Career Development Monitoring meeting. in the Career Development Monitoring meeting. V. INSTRUCTIONS/IMPLEMENTATION 5.1 KKKS shall submit the RPTK document in the form of a book and of soft copy (see Attachment) to BPMIGAS to be discussed in the consultation meeting. 5.2 BPMIGAS shall coordinate with the relevant agencies for RPTK approval. VI. REFERENCES 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Law No. 22/2001 on Oil and Gas. Law No. 13/2003 on Manpower. Government Regulation No. 42/2002 on the Executive Agency For Upstream Oil and Gas Business Activities. Government Regulation No. 35/2004 on the Upstream Oil and Gas Business Activities. Cooperation Contract (KKS). Work Program & Budget (WP&B). Decree of the Minister of Manpower and Transmigration (KepMen) No. Kep-228/Men/2003 on Procedure for Ratification of Foreign Manpower Utilization Plans. Decree of the Minister of Manpower and Transmigration (KepMen) No. Kep-20/Men/III/2003 on Procedure for Obtaining Permits to Employ Foreign Manpower. 18 BK 1.indd Isi18 4/27/2007 9:01:40 AM
  • 31. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER UTILIZATION PLAN (RPTK) Promulgated on : 11-05-2005 Effective : 11-05-2005 VII. ATTACHMENTS The RPTK contains the planned need for expatriate and Indonesian personnel, put into the form of: 7.1 Explanatory Note – Attachment 1. The Explanatory Note is submitted in the form of a cover letter for the operational overview of the KKKS work plan, which contains: a. Operating area and extent of work area. Exploration activities, specifically stating how many kilometers of seismic data have been done. b. Level of oil and gas production to be undertaken (for Production KKKS). c. Drilling program/number of wells to be drilled. d. Technology to be used. e. Operation and capital budgets. f. Plans for filling Indonesian personnel positions that are vacant, Indonesianization, swapping, and internationalization (for Production KKKS). g. Community Development. h. Environmental Issues. i. Training Program. Manpower Utilization Plan (RPTK) GUIDELINES For the purposes of evaluating the operational activities, the KKKS must attach a form containing data on the Company’s activities for the previous 5 years (explanatory note form). 7.2 Identity of Applicant (Attachment 1, page 1 of KepMen 228/Men/2003) – Attachment 2. Fill in the company identity form by clearly stating the name, address, location of activities/production, type of business, business proceeds, Business Entity Status, and Agency Issuing Business Permits. 7.3 MD-1: Organizational Structure, including within it the use of job titles and placement of both expatriate and Indonesian personnel, whose maximum numbers are based on the manpower forecast/budget in the WP&B – Attachment 3. The MD-1 is prepared based on an organizational analysis and position analysis in accordance with the operational needs projected in the work program. In preparing the organizational structure and placement of expatriate personnel, attention must be given to: a. Availability of the number of personnel, based on knowledge, expertise and capability in the right time and place. b. Job titles used for expatriate personnel are to be adapted to the job titles found in the applicable provisions, and their use adapted to the lengths of time specified in the applicable provisions. 19 BK 1.indd Isi19 4/27/2007 9:01:41 AM
  • 32. Manpower Utilization Plan (RPTK) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MANPOWER UTILIZATION PLAN (RPTK) Promulgated on : 11-05-2005 Effective : 11-05-2005 c. Expatriates are to be placed only in positions whose job specifications cannot be filled with the quality of the existing Indonesian personnel, and the user of the expatriate personnel can prove this if necessary. 7.4 MD-2: Expatriate Worker Utilization and Replacement Plan Chart (attachment in line with KepMen 228/Men/2003) – Attachment 4. The MD-2 is prepared by determining the names of the expatriate personnel and the replacement/understudy Indonesian personnel listed in the MD-1, stating education, work experience, when position starts to be used, and time limit for its use in line with the applicable provisions. The MD-2 contains the data needed in Attachment 1, pages 2 and 3 of KepMen 228/Men/2003. The attachments to MD-2 consist of: a. Attachment 1: Position description and minimum requirements for expatriate positions (attachment 1, page 4 of KepMen 228/Men/2003, which contains brief description of titles and minimum requirements for expatriate positions, which states names of positions, brief description of job/position, and minimum requirements for position as the basis for placement of personnel – Attachment 5. b. Attachment 2: Education and Training Program for Indonesian Personnel for the purpose of replacing expatriate personnel (attachment 1, page 5 of KepMen 228/Men/2003) – Attachment 6. Contains Education and Training Program for the Indonesian personnel being prepared to replace the expatriates. All understudy Indonesian personnel planned to replace expatriate personnel must be programmed for Implementation of Education and Training in accordance with the required qualifications. 7.5 MD-3: Recapitulation of Total Position Formations, Expatriate Personnel/ Indonesian Personnel, and Indonesianization Plan – Attachment 7. Contains recapitulation of number of position formations, numbers of expatriate/Indonesian personnel, and Indonesianization and Internationalization/Swapping Plans, detailed by position group in the Department concerned. 7.6 MD-4: Swapping Program – Attachment 8. (only needed in International Employee Exchange/Swapping RPTK). Contains Swapping Program, which provides names of positions in Indonesia and in foreign country planned for swapping. overseas that planned for swapping. 20 BK 1.indd Isi20 4/27/2007 9:01:41 AM
  • 33. JENIS PERUSAHAAN BK 1.indd Isi21 MULAI BEROPERASI 3. 4. : KKKS / JOB PENAMBAHAN CADANGAN / ADDITIONAL RESERVES (MMSTBOE) Jumlah Penambahan Cadangan Additional reserves TEKNOLOGI / TECHNOLOGY Teknologi Recovery Recovery Technology 3. 4. ANGGARAN (Juta) / BUDGET (Million US$) Operasi Operation Kapital Capital Anggaran Pengembangan Development/Training SUMBER DAYA MANUSIA (orang) / MAN POWER (persons) TKI National Employees TKA Expatriates % TKA terhadap TKI % of Expat to Nat. 5. 6. Teknologi Baru New Technology Teknologi Drilling Drilling Technology PRODUKSI / PRODUCTION Minyak & Kondensat (BOPD) Oil & Condensate (BOPD) Gas (KBOEPD) Gas (KBOEPD) Jumlah Sumur Produksi Number of production wells 2. (N-3) Tahun (xxxx) Eksplorasi (N-2) (N-1) Tahun (xxxx) Produksi Eksplorasi & produksi / Produksi / Eksplorasi Offshore / Onshore EKSPLORASI / EXPLORATION Luas Wilayah (Km2) Area (sq.km) Jumlah Sumur Pengeboran Number of exploration wells Jumlah KKKS/Blok Number of PSC/Blocks : : : 1. ITEM KATEGORI 2. NO LOKASI 1. Tahun saat ini (N) (N+1) BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI DATA KEGIATAN PERUSAHAAN UNTUK PENGAJUAN RPTK (N+3) (N+4) Manpower Utilization Plan (RPTK) Attachment 1 (N+2) Attachment 1 GUIDELINES 21 4/27/2007 9:01:42 AM
  • 34. Manpower Utilization Plan (RPTK) Attachment 2 GUIDELINES Attachment 2 (Lampiran I hal. 1 Kepmen 228/2003) BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI DAFTAR ISIAN RENCANA PENGGUNAAN TENAGA KERJA DALAM RANGKA PENGGUNAAN TENAGA KERJA ASING R.P.T.K.A. 1. Nama Perusahaan/Proyek : 2. Alamat di Indonesia a. Kantor Pusat b. Kantor Cabang c. Nomor Telepon d. E-Mail (harus diisi) : : : : : 3. Nama Pimpinan : 4. Lokasi Kegiatan/Produksi *) : 5. Jenis Usaha/Hasil Usaha : 6. Nomor SIUP : 7. Status Badan Usaha : PMA/PMDN/PROYEK/LEMBAGA/YAYASAN/PERUSAHAAN SWASTA NASIONAL/ASING**) 8. Instansi Pemberi Ijin Usaha : Fax : Tanggal : *) Lokasi sampai Daerah Tingkat II (Kabupaten/Kota) **) Coret yang tidak perlu 22 BK 1.indd Isi22 4/27/2007 9:01:43 AM
  • 35. BK 1.indd Isi23 Ket. Ket. Manpower Utilization Plan (RPTK) Attachment 3 E JOB E 8 D 7 D 6 C 5 C 4 B 3 B 2 MD1 - Halaman : BAGAN ORGANISASI A 1 Nama Bagian/Seksi A JOB KKKS Indonesia RPTK 2003 - 2007 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI Attachment 3 GUIDELINES 23 4/27/2007 9:01:43 AM
  • 36. BK 1.indd Isi24 HAL. : : NAMA JABATAN NAMA TKA *) Batasan Jabatan Ketentuan Pemerintah KOORD. MD - 1 KKKS PERIODE NAMA TKI PENDAMPING/ PENGGANTI Disetujui Pimpinan Tertinggi KKKS WAKTU PENGGUNAAN & PENGGANTIAN TKA Thn…….. Thn…….. Thn…….. 1 2 3 4 1 2 3 4 1 2 3 4 Tanggal : PENDIDIKAN & PENGALAMAN KERJA TKI PENDIDIKAN PENGALAMAN BAGAN PERENCANAAN PENGGUNAAN & PENGGANTIAN TKA BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI JABATAN MULAI DIGUNAKAN BATASAN*) WAKTU MD - 2 (Lamp. I hal 2 &3 Kepmen 228/2003) Attachment 4 Manpower Utilization Plan (RPTK) Attachment 4 GUIDELINES 24 4/27/2007 9:01:44 AM
  • 37. Attachment 5 (Lampiran I hal. 4 Kepmen 228/2003) BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI URAIAN SINGKAT PEKERJAAN DAN PERSYARATAN MINIMUM JABATAN TENAGA KERJA ASING NO NAMA JABATAN PERSYARATAN MINIMUM URAIAN SINGKAT PEKERJAAN/JABATAN PENDIDIKAN 1 2 3 PENGALAMAN KERJA 4 5 Manpower Utilization Plan (RPTK) Attachment 5 GUIDELINES 25 BK 1.indd Isi25 4/27/2007 9:01:45 AM
  • 38. BK 1.indd Isi26 1 No. 2 TKA 3 JENIS 4 LAMANYA YANG DILAKSANAKAN YANG DIDUDUKI PENDIDIKAN & PELATIHAN NAMA JABATAN 5 NAMA 6 SEKARANG JABATAN SEBAGAI PENGGANTI TKA TKI YANG DILATIH 7 PERUSAHAAN DALAM LUAR RENCANA 9 (MULAI PENGGANTIAN) PENEMPATAN Pimpinan, Jakarta, ……………………………………. 8 PERUSAHAAN *) DAN PELATIHAN PELAKSANAAN PENDIDIKAN YANG DIPERSIAPKAN UNTUK PENGGANTI TENAGA KERJA ASING YANG DIPERSIAPKAN UNTUK MENGGANTIKAN TENAGA KERJA ASING PROGRAM PENDIDIKAN DAN PELATIHAN TENAGA KERJA INDONESIA BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI dan alamatnya. disebutkan Lembaga Diklat diluar Perusahaan harap *) Kalau Diklat dilaksanakan 10 KETERANGAN Attachment 6 6 Attachment (Lampiran I KepMen 228/2003) (Lampiran I hal. 5hal. 5 KepMen 228/2003) Manpower Utilization Plan (RPTK) Attachment 6 GUIDELINES 26 4/27/2007 9:01:45 AM
  • 39. BK 1.indd Isi27 Gas Marketing Upstream Bussiness Services 3. 4. Human Resources 7. 8. Jumlah Medicine & Occupational Health Public Afairs 6. Law 5. Sub Total - Treasury - Tax - Jakarta Security - Procurement Services - Global Information System - Fasilities - Controllers - Audit Exploration Sub Total - SHE - Operational Technical - Lead Team - Drilling - Com./Planning/JI - APO Product Operations Production Kelompok Jabatan 2. 1. NO. PERIODE K.K.K.S. BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI Formasi Manpower TKWNAP Formasi TKI Manpower Staff : …………………………………….. : …………………………………….. Formasi Formasi Non Staf DAN RENCANA PENG-INDONESIAAN Formasi Ke 1 Ke 2 Tiap Tahun Ke 3 Rencana Peng-Indonesiaan Manpower Utilization Plan (RPTK) Attachment 7 Formasi Tenaga Kerja Jumlah REKAPITULASI JUMLAH FORMASI JABATAN, TENAGA KERJA ASING/TENAGA KERJA INDONESIA Attachment 7 Formulir : MD 3 Halaman 1 GUIDELINES 27 4/27/2007 9:01:46 AM
  • 40. BK 1.indd Isi28 : : URAIAN JABATAN NAMA JABATAN DI INDONESIA HAL KOORD. NAMA JABATAN *) MD - 1 KKKS PERIODE NAMA JABATAN *) URAIAN JABATAN NAMA JABATAN DI LUAR NEGERI NAMA PERUSAHAAN DAN NEGARA TUJUAN SWAPPING PROGRAM PERTUKARAN PEKERJA INTERNASIONAL Dept Area Halaman : : : WAKTU PELAKSANAAN THN THN THN THN 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI Attachment 8 MD 4 Manpower Utilization Plan (RPTK) Attachment 8 GUIDELINES 28 4/27/2007 9:01:47 AM
  • 41. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PERMIT TO EMPLOY EXPATRIATE PERSONNEL (IMTA) Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 Expatriate Personnel (TKA) of a KKKS that work in the KKKS’s operations must have a Permit to Employ Expatriate Personnel (IMTA). 1.2 There are four types and natures of IMTA: 1.2.1 New IMTA, being granted for the first time. 1.2.2 IMTA Extensions, for extension of validity period for the same position. 1.2.3 Change of Position IMTA, for a change from an old position to a new position. 1.2.4 Temporary IMTA, to perform work of a temporary nature (2-6 months). 1.3 Application files for New, Extension, Change of Position, and Temporary IMTA shall be submitted to BPMIGAS two months before the personnel are needed. Permit to Employ Expatriate Personnel (IMTA) GUIDELINES II. AIMS clarification regarding Foreign Personnel who are to employed To provide clarification regarding expatriate personnel who is to be employed by KKKS so that they comply with the applicable requirements and legislation. so that they comply with the applicable requirements and legislation. III. AUTHORITY 3.1 shall submit IMTA applications for foreign personnel who meet the KKKS shall submit IMTA applications for expatriate personnel who meet the position requirements position requirements. 3.2 BPMIGAS has employment the BPMIGAS has the authority to determine the period of employment for the foreign personnel in accordance with with the operational of the KKKS, and to expatriate personnel in accordance the operational needsneeds of the KKKS, approve the IMTA recommendation. and to approve the IMTA recommendation. IV. REGULATION/LIMITS 4.1 4.2 4.3 4.4 4.5 4.6 4.7 The validity period of New/Extension/Temporary IMTA shall be in accordance with the applicable provisions. An IMTA that has been issued may be reconsidered if there are indications of problems with the expatriate personnel. problems with the foreign personnel. BPMIGAS shall issue a recommendation for cancellation of an IMTA or rejection of extension of an IMTA as a consequence of any violation of the applicable provisions. A Temporary IMTA is needed for work of a temporary/urgent nature, and the period for its use shall be in accordance with the applicable provisions. A KKKS is not allowed to submit an IMTA application for a Expatriate personnel KKKS is allowed submit IMTA application for expatriate Personnel who still has a work relationship with another Company in Indonesia. The minimum age for expatriate personnel is thirty (30) years (except for minimum age Expatriate Personnel thirty (30) years (except international employee exchange programs or or those with special expertise) international employee exchange programs those with special expertise) and andmaximum is sixty sixtyyears. the the maximum is (60) (60) years. Any exceptions to point 4.6 above will be discussed separately. 29 BK 1.indd Isi29 4/27/2007 9:01:47 AM
  • 42. Permit to Employ Expatriate Personnel (IMTA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PERMIT TO EMPLOY EXPATRIATE PERSONNEL (IMTA) Promulgated on : 11-05-2005 4.8 Effective : 11-05-2005 For the sake of organizational rejuvenation and application of new technology, of organizational rejuvenation application new technology, For foreign personnel whowho has been serving thethe same KKKS ( including KKKS expatriate personnel have been serving at at same KKKS (including KKKS that havehave undergone changes of ownership ) in indonesia for six (6) or longer that undergone changes of ownership) in Indonesia for six (6) years years or should should be replaced, withon use of Indonesian personnel. longer be replaced, with priority priority on use of Indonesian personnel. 4.9 Any exceptions to point 4.8 above will be discussed separately. 4.10 The time period for expatriate personnel to work at a KKKS shall be determined by BPMIGAS approval letter. If a KKKS employs an expatriate personnel by the BPMIGAS approval letter. If a KKKS employs a expatriate personnel in inexcess the time approved by BPMIGAS, the cost for the excessive time of the excess of of the time that approved by BPMIGAS the cost for the excessive time of the worker’s personnel will not be will not be an operating KKKS the foreign expatriate employmentemployment an operating cost of the cost of [not KKKS [not as cost recovery]. chargeable chargeable as cost recovery]. 4.11 A expatriate personnel who isisemployed in a KKKS work area without going An expatriate personnel who employed in a KKKS work area without going through BPMIGAS approval cannot be charged to to the KKKS’ operating cost. through BPMIGAS approval cannot be charged the KKKS’ operating costs. V. INSTRUCTIONS/IMPLEMENTATION KKKS shall submit applications for Permanent IMTA/Temporary IMTA together with the other documents as specified in the attachments. VI. REFERENCES 6.1 Law No. 22/2001 on Oil and Gas. 6.2 Law No. 13/2003 on Manpower. 6.3 Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4 Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5 Cooperation Contract (KKS). 6.6 Work Program & Budget (WP&B). 6.7 Decree of the Minister and Transmigration No. Kep-228/Men/2003 on Procedure for Ratification of Plans for Utilization of Foreign Workers. 6.8 Decree of the Minister and Transmigration No. Kep-20/Men/III/2004 on Procedure for Obtaining Permits to Employ Foreign Workers. VII. ATTACHMENTS 7.1 IMTA 7.1.1 7.1.2 Letter of Request for New/Extension/Extension with Change of Position Request for New/Extension/Extension of Position Work Permit, containing brief information about the foreign personnel and containing brief information about the expatriate personnel and information on the urgencyof employing the expatriatepersonnel – information on the urgency of employing the foreign personnel Attachment 1. Attachment 1. Letters of Request to the three Directors General and to BPMIGAS – Attachment 2. 7.2 TEMPORARY WORK PERMIT Letter of Request for Temporary IMTA to two Directors General from the KKKS, acknowledged/approved by BPMIGAS – Attachment 3. 30 BK 1.indd Isi30 4/27/2007 9:01:48 AM
  • 43. Attachment 1 No. ….. / ….. / Tahun…. Jakarta, ………………………… Kepada Yth. BPMIGAS Patra Jasa Building Lt. 13 Wing 3 Jl. Jend. Gatot Subroto Kav. 32-34 Jakarta 12950 u.p. : Kepala Divisi Eksternal Perihal : …….. (diisi sesuai keperluan) …… Dengan hormat, Sehubungan dengan kebutuhan operasional perusahaan, bersama ini kami mengajukan keperluan) …. untuk : 1. 2. 3. 4. Jabatan/koordinat MD Uraian singkat jabatan Rencana Indonesianisasi Persyaratan jabatan x Pendidikan x Pengalaman Kerja permohonan ….. (diisi sesuai : : : : : TKA yang diusulkan oleh ………(nama KKKS) ….. untuk menduduki jabatan tersebut : 1. 2. 3. 4. Nama : Tempat tanggal lahir : Kewarganegaraan : Pasport x Nomor : x Masa berlaku : 5. IMTA (diisi nomor dan masa berlaku IMTA sebelumnya) x Nomor : x Masa berlaku : 6. Pendidikan Formal Tertinggi x Universitas/Akademi : x Jurusan : x Ijazah/tahun : 7. Pengalaman kerja : 8. Kompetensi yang dimiliki TKA : 9. Komitmen terhadap transfer teknologi : 10. Keterangan Urgency : Permit to Employ Expatriate Personnel (IMTA) Attachment 1 GUIDELINES TKI calon pengganti yang akan menduduki jabatan tersebut pada tahun …. adalah : 1. 2. 3. 4. 5. 6. 7. Nama : Tenpat tanggal lahir : Pendidikan Formal Tertinggi x Universitas/Akademi : x Jurusan : x Ijazah/tahun : Mulai dinas di perusahaan : Jabatan saat ini/koordinat MD : Pengalaman kerja : ………………………………………………………………………………………………………….…………………………… ……………………………….……………………………………………………………………………………………………… Kursus yang pernah diikuti (yang relevan dengan syarat jabatan di atas) : ………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………………. Berkenaan dengan hal tersebut di atas, mohon agar Bapak dapat memberikan persetujuan atas ……………..(diisi sesuai keperluan) ………..dimaksud. Atas perhatian dan bantuan yang diberikan, kami ucapkan terima kasih. Hormat kami ………(nama KKKS) …………….. (nama Pejabat) (nama jabatan pemohon) 31 BK 1.indd Isi31 4/27/2007 9:01:49 AM
  • 44. Permit to Employ Expatriate Personnel (IMTA) Attachment 2 GUIDELINES Attachment 2 Lampiran 2 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI Gedung Patra Jasa Lt. 1, 2, 13, 14, 16, 21 & 22 Jl. Jenderal Gatot Subroto Kav. 32-34 Jakarta 12950 I N D O N E S I A PO BOX 4575 JKP 10045 HUNTING : 52900245-48 Nomor : /BPD4000/2003-S8 Lampiran : Seperti tersebut Yang Terhormat, Perihal : Permohonan Ijin Kerja Baru / Perpanjangan, Pindah Jabatan. Fax : (62-21) 52900132 Jakarta, Direktorat Jenderal MIGAS u.p. Direktur Pembinaan Pengusahaan MIGAS Direktorat Jenderal Binalatpendagri u.p. Direktur Penyediaan dan Penggunaan Tenaga Kerja Direktorat Jenderal Imigrasi u.p. Kepala Bagian Visa Jakarta Dengan hormat, Bersama ini kami sampaikan surat tertanggal berikut lampiran-lampirannya perihal permohonan : perpanjangan & pindah jabatan dan ITAS 11 Desember 2002 Izin Kerja Baru / perpanjangan / Nama : (Nama TKA) Jabatan/Slot No. : Tanggal Lahir : (Jabatan TKA) (Koordinat MD-1) Senior Engineer 11K.C2 (Tanggall Lahir TKA) Kebangsaan : (Kebangsaan TKA) Nomor Paspor : (No. Paspor TKA) Perusahaan : (KKKS)0 Pengikut : (Jumlah istri dan anak TKA yang ikut ke Indonesia) Perusahaan tersebut di atas adalah Kontraktor Kontrak Kerjasama. Dalam rangka pemenuhan kebutuhan tenaga kerja untuk kelangsungan operasi KKKS …….(nama KKKS), BPMIGAS dapat menyetujui penggunaan TKA dimaksud. Selanjutnya, kami mengharapkan agar surat permohonan tersebut di atas dapat diproses untuk mendapatkan ijin yang diperlukan. Atas kerjasama serta bantuan Saudara, kami ucapkan terima kasih. A.n. Kepala Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi Kepala Divisi Eksternal (Nama Pejabat) 32 BK 1.indd Isi32 4/27/2007 9:01:49 AM
  • 45. Attachment 3 No. Surat Tempat, Tanggal Surat Direktorat Jenderal MIGAS u.p. Direktur Pembinaan Pengusahaan Minyak dan Gas Bumi Jl. H.R. Rasuna Said – Jakarta Selatan Direktorat Jenderal Binapendagri u.p. Direktur Penyediaan dan Penggunaan Tenaga Kerja Jl. Gatot Subroto – Jakarta Selatan Perihal: Permohonan Ijin Kerja Sementara Dengan Hormat, Permit to Employ Expatriate Personnel (IMTA) Attachment 3 GUIDELINES Berdasarkan Surat Keputusan Menteri Tenaga Kerja dan Transmigrasi No.: KEP-20/MEN/III/2004 tanggal 1 Maret 2004, dengan ini kami mohon persetujuan Saudara untuk memberikan Ijin Kerja Sementara bagi: 1. Nama 2. Kebangsaan 3. Tempat/Tanggal Lahir 4. Nomor Passport 5. Jabatan 6. Lamanya Kunjungan 7. Biaya ditanggung oleh 8. Maksud Kunjungan : : : : : : : : (Nama TKA) (diisi sesuai yang tertera dalam passport) (Tempat & Tanggal Lahir TKA) (No. Paspor TKA) (Jabatan TKA) (diisi sesuai ketentuan) (diisi sesuai pembebanan biaya) (diisi dan dijelaskan secara singkat) Sebagai bahan pertimbangan, terlampir kami sampaikan copy dokumen yang diperlukan. Atas perhatian dan kerja sama Saudara, kami ucapkan terima kasih. Mengetahui/Menyetujui A.n. Kepala Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi Kepala Divisi Eksternal (Nama Pejabat) Hormat kami, (Nama Pejabat) 33 BK 1.indd Isi33 4/27/2007 9:01:50 AM
  • 46. Career Development Monitoring GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CAREER DEVELOPMENT MONITORING Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 Career Development Monitoring (CDM) is: 1.1.1 1.1.2 1.2 Periodic monitoring between BPMIGAS and the KKKS for the purpose of discussing the KKKS’s personnel management strategy. Evaluation of the KKKS’s performance in implementing personnel management, including Work Plan & Budget and utilization and development of the KKKS’s personnel. The discussion in CDM shall cover: 1.2.1 Manpower Work Plan & Budget, to analyze the efficiency and effectiveness of use of personnel costs and productivity of the KKKS’s work force. 1.2.2 Implementation of Recruitment, to analyze the Optimization of Manpower Utilization in line with operating needs. 1.2.3 Performance Management, to analyze whether the implementation is done objectively and using a structured mechanism for all employees, both Indonesian and expatriate. 1.2.4 Mentoring Program (see HR Guideline on Mentoring), to analyze whether the transfer of competency is proceeding properly, particularly from expatriates to Indonesians. 1.2.5 Indonesian Personnel Education and Training (see HR Guideline on Education and Training for Indonesian Personnel), to analyze whether programs are implemented effectively based on systematic planning and on a Training Need Analysis. 1.2.6 Assignment of Indonesian Personnel (Internationalization), that is, sending and placing Indonesian personnel abroad who have international standard competence and have been screened and chosen to be placed in a position in the company or its holding company abroad, with “global standard” remuneration and the costs of the Indonesian personnel Assignment Program to borne by the company usingusing Assignment Program to be borne by the company the Indonesian personnel abroad. To To analyze the levelofofsuccess in the Indonesian personnel abroad. analyze the level success in developing Indonesian personnel’s competence. Indonesian personnel’s competence. 1.2.7 International Employee Exchanges (see HR Guideline on International Career Development), to analyze the level of success in promoting international recognition for the competence of Indonesian personnel. 1.2.8 Implementation of Internal KKKS Career Development Meetings, to analyze whether employees’ competency development and career development is being done objectively. 1.2.9 Overseas On-the-Job Training for Indonesian Personnel/Job Assignments, to analyze the capability and success in implementing employee competence development. 34 BK 1.indd Isi34 4/27/2007 9:01:51 AM
  • 47. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CAREER DEVELOPMENT MONITORING Promulgated on : 11-05-2005 Effective : 11-05-2005 1.2.10 Implementation of Succession, to analyze success of career development and optimization of Manpower Utilization. 1.2.11 Extension of employment period or reemployment of Indonesian personnel, as an indicator of failure of the succession and competence development plan. Career Development Monitoring GUIDELINES II. AIMS 2.1 To upgrade the KKKS’s HR management efforts, manpower productivity, be able to engage in development of Indonesian personnel, and make optimum utilization of Indonesian personnel. 2.2 BPMIGAS exercises supervision and control in the manpower sector objectively and consistently and is able to encourage KKKS to implement Indonesian personnel development professionally so as to upgrade the competence of Indonesian personnel and national capability simultaneously. III. AUTHORITY 3.1 KKKS shall implement its HR management in accordance with the KKKS work plan and report it to BPMIGAS. 3.2 BPMIGAS shall monitor, analyze, and evaluate the implementation of CDM. IV. REGULATION/LIMITS 4.1 CDM discusses the KKKS’s development/progress and efforts during a period of 1 (one) year since the previous CDM, and the HR management plans for the coming year. 4.2 CDM refers to WP&B data, personnel data from BPMIGAS, operational activities with BPMIGAS, KKKS report data, RPTK, realization of use of Expatriate Personnel, and results of BPMIGAS’s monitoring over the one (1) year period since the last CDM. V. INSTRUCTIONS/IMPLEMENTATION 5.1 CDM is done through regular meetings, planned and integrated with the schedule at the end of each year, and further discussion if necessary. 5.2 The KKKS should report in writing the matters to be discussed in the CDM meeting, as follows: 5.2.1 Manpower Work Plan & Budget. 5.2.2. Indonesian Personnel Guidance and Development Strategy in general. 5.2.3. Recruitment Realization and Plans. 5.2.4. The Performance Management that is applied. 5.2.5. Mechanism for nominating employees in Career Development. 35 BK 1.indd Isi35 4/27/2007 9:01:52 AM
  • 48. Career Development Monitoring GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CAREER DEVELOPMENT MONITORING Promulgated on : 11-05-2005 Effective : 11-05-2005 5.2.6. Realization in the current year, and plans for the coming year, on: - Mentoring. - Education and Training for Indonesian personnel. - Assignment of Indonesian personnel/Internationalization. - International Employee Exchanges (Swapping/Technical Development Exchange). - Overseas On-the-Job Training/Domestic On the Job Training. 5.2.7. Realization of Succession of foreign personnel by IndonesianIndonesian of Succession of expatriate personnel by personnel in the previous year, and plans for the coming the coming year. personnel in the previous year, and plans for year. 5.2.8. Realization and plans for extension of work period/reemployment of personnel who have reached retirement age. 5.2.9. Deferral and acceleration of Succession of expatriate personnel by Indonesian personnel. 5.3. The results of the discussion (minutes of meeting) shall be signed by the authorized officials of BPMIGAS and the KKKS. Based on the results of this discussion, a KKKS performance contract in HR management shall be prepared. VI. REFERENCES 6.1 Law No. 22/2001 on Oil and Gas. 6.2 6.3 Law No. 13/2003 on Manpower. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. Cooperation Contract (KKS). Work Program & Budget (WP&B). 6.4 6.5 6.6 VII. ATTACHMENTS 7.1 Minutes of CDM meeting. (Attachment 1). 36 BK 1.indd Isi36 4/27/2007 9:01:53 AM
  • 49. Attachment 1 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI CAREER DEVELOPMENT MONITORING KKKS : Tempat / Waktu : BPMIGAS - Lt - Wing - / 00.00 Tanggal : ….-…. - Career Development Monitoring Attachment 1 GUIDELINES HASIL PEMBAHASAN x . BPMIGAS Pemimpin Rapat KKKS : 37 BK 1.indd Isi37 4/27/2007 9:01:53 AM
  • 50. Mentoring GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : MENTORING Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 The Mentoring program is a process of Indonesian personnel development through Teaching, Coaching, and Counseling for one or more Indonesian personnel that is put into an official and structured program. 1.2 KKKS are required to implement Mentoring Programs. 1.3 Each expatriate employee is responsible as mentor for Indonesian personnel. 1.4 Mentees are Indonesian personnel who receive Teaching, Coaching, and Counseling to obtain transfer of technology/competency from mentors. 1.5 A mentor is any expatriate or Indonesian employee who has superior competence to conduct Teaching, Coaching, and Counseling for the purpose of transfer of technology/competency to mentees. II. AIMS 2.1 To upgrade the technical and non-technical competence of Indonesian personnel. 2.2 Transfer of competence technology from expatriate personnel and Indonesian personnel with special competence to Indonesian personnel who have potential to be developed. III. AUTHORITY 3.1 KKKS shall prepare a structured Mentoring Program in accordance with their respective systems and methods. 3.2 BPMIGAS shall conduct evaluation of the implementation of Mentoring programs. IV. REGULATION/LIMITS 4.1 Every expatriate personnel with an IMTA (Permit to Employ Expatriate Personnel) for a minimum of 1 year is required to provide mentoring for Indonesian personnel. 4.2 The results of the implementation of the Mentoring Program conducted by expatriate personnel shall be one of the inputs for granting extension of the work permit of the persons concerned. 4.3 Every Indonesian worker who is designated as a Mentee must be monitored and have clear career planning. 4.4 The Mentoring program is the responsibility of all managers and above in the KKKS so that it can be executed in reality. 4.5 Mentoring is not limited to being done by expatriate personnel but needs to be done by all Indonesian personnel who occupy positions of manager and above/have special competence. 38 BK 1.indd Isi38 4/27/2007 9:01:54 AM
  • 51. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION Mentoring GUIDELINES SUBJECT : MENTORING Promulgated on : 11-05-2005 Effective : 11-05-2005 V. INSTRUCTIONS/IMPLEMENTATION 5.1 The KKKS shall prepare a structured Mentoring Program for every expatriate personnel employed by the KKKS. 5.2 The KKKS shall select and designate the expatriate and Indonesian personnel pairs that will be Mentor and Mentee in line with the RPTK. 5.3 The Mentees that are selected shall be Indonesian personnel with potential to develop competence in line with the competence possessed by their Mentors (TKA). 5.4 The Mentor and Mentee shall determine targets for the competence to be transferred, put into the form of a Mentoring Contract form prepared by each KKKS. 5.5 The Mentoring Contract shall be acknowledged by the direct supervisor and/or the head of the department concerned, and by the HR Department. 5.6 The Mentor and Mentee shall jointly prepare a plan for and implement the Mentee’s development. 5.7 The Mentor and Mentee shall prepare the results of evaluation of the implementation of the Mentoring, and make a report using the format of the respective KKKS. 5.8 Evaluation of the Mentoring program shall be done in the KKKS’s internal Career Development Meeting and in the Career Development Monitoring with BPMIGAS. 5.9 Reports on the implementation of Mentoring, signed by the KKKS’s HR function, shall be attached when applying for IMTA extensions. VI. REFERENCES 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Law No. 22/2001 on Oil and Gas. Law No. 13/2003 on Manpower. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. Cooperation Contract (KKS). Work Program & Budget (WP&B). Decree of the Minister and Transmigration No. Kep-228/Men/2003 on Procedure for Ratification of Plans for Utilization of Foreign Workers. Decree of the Minister and Transmigration No. Kep-20/Men/III/2004 on Procedure for Obtaining Permits to Employ Foreign Workers. 39 BK 1.indd Isi39 4/27/2007 9:01:54 AM
  • 52. International Career Development GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : INTERNATIONAL CAREER DEVELOPMENT Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL International Career Development consists of the following: 1.1. The Job Swapping Program (International Employee Exchange) is an Exchange Program for Indonesian and expatriate personnel in order to encourage the KKKS’s Head Office to provide recognition for the competence of Indonesian personnel, so that these Indonesian personnel can be employed at the Head Office/Affiliate abroad by providing an opportunity for expatriate personnel to work at the KKKS in Indonesia. 1.2. Technical Development Exchange is a program for development of Indonesian personnel abroad through exchanges of Indonesian and foreign personnel in order to upgrade competence in technical sectors for junior staff who are part of the head office’s development program. 1.3. Job Assignment/Overseas On-the-Job Training is a program for development of Indonesian personnel abroad for the purposes of fulfilling competency requirements for career development of Indonesian personnel of international standard. 1.4. Internationalization is the recognition of Indonesian personnel’s capability to work at the head office/affiliate abroad in line with their competence as “Global Employees”. II. AIMS 2.1. To provide an opportunity for Indonesian personnel to obtain International work experience and accelerate development of the Indonesian personnel’s professionalism with the expectation of creating an element of trust from the KKKS’s Head Office to place Indonesian personnel in strategic positions. 2.2. To upgrade the technical competence of Indonesian personnel in line with international standards. 2.3. To support the program of succession from expatriate to Indonesian personnel. III. AUTHORITY 3.1. BPMIGAS shall approve the expatriate personnel positions for the Job Swapping and Technical Development Exchange programs. 3.2. BPMIGAS shall approve the Indonesian personnel who are planned to follow the Job Swapping/Technical Development Exchange, Job Assignment/Overseas On-the-Job Training and Internationalization programs. 3.3. The KKKS shall determine the Indonesian personnel candidates for International Employee Exchanges, Technical Development Exchange, Job Assignment/Overseas On-the-Job Training and Internationalization. 40 BK 1.indd Isi40 4/27/2007 9:01:55 AM
  • 53. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : INTERNATIONAL CAREER DEVELOPMENT Promulgated on : 11-05-2005 Effective : 11-05-2005 IV. REGULATION/LIMITS 4.1. Job Swapping (International Employee Exchange). 4.1.1. All costs incurred shall be charged to the recipient company. 4.1.2. The positions abroad for the purpose of Job Swapping shall be equivalent, with similar work load and balanced costs. 4.1.3. Implementation of the International Employee Exchange program shall be done for similar time periods and started at the same time. 4.1.4. The chart for planning the use of expatriate personnel from the international employee exchange program shall be prepared separately from the program for regular use of expatriate personnel. 4.1.5. Indonesian personnel who have completed the International Employee Exchange program, when they return to Indonesia, shall occupy at least an equivalent position, or be transferred to a higher position, in accordance with their expertise. 4.1.6. The term of the program is a maximum of two years. International Career Development GUIDELINES 4.2. Technical Development Exchange. 4.2.1. All costs incurred by TKI may be charged to the KKKS’s operating costs. 4.2.2. Expatriate personnel who are sentIndonesia (exclude KKKS operating Foreign personnel who are sent to to Indonesia shall have technical capability to have technical capability to be applied and shall share costs) shall be applied and shall share knowledge with Indonesian personnel. with Indonesian personnel. knowledge 4.2.3. The planning chart for use of expatriate personnel in the Technical of expatriate personnel the Technical Development Exchange program shall be produced separately from that Exchange program shall be produced separately from the program for regularregular use of expatriate personnel. for the program for use of expatriate personnel. 4.2.4. Indonesian personnel who have completed the Technical Development Exchange program must receive appropriate career development. 4.2.5. The term of the program is a maximum of two years. 4.3. Job Assignment/Overseas On-the-Job Training. 4.3.1. All costs incurred may be charged to the KKKS’s operating costs. 4.3.2. Indonesian personnel who have completed the Job Assignment/Overseas On-the-Job Training program must receive appropriate career development. 4.3.3. The term of the program is a maximum of two years. 4.4. Internationalization. 4.4.1. All costs incurred shall be charged to the recipient company. 4.4.2. Indonesian personnel who have undergone Internationalization shall receive recognition as “Global Employees” who are directed to being able to occupy strategic positions in the KKKS. 41 BK 1.indd Isi41 4/27/2007 9:01:55 AM
  • 54. International Career Development GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : INTERNATIONAL CAREER DEVELOPMENT Promulgated on : 11-05-2005 Effective : 11-05-2005 V. INSTRUCTIONS/IMPLEMENTATION 5.1. The KKKS shall conduct planning, screening, and evaluation of of the foreign KKKS shall conduct planning, screening, and evaluation the expatriate personnel positions and the candidate Indonesian personnel for the international positions and the candidate Indonesian personnel for the international employee exchange and Technical Exchange programs, and employee exchange and Technical Development Development Exchange programs, screening, and evaluation of Indonesian Indonesian personnelJob planning, and planning, screening, and evaluation of personnel for the for the Job Assignment/Overseas On-the-Job and Internationalization programs Assgnment/ Overseas On-the-Job Training Training and Internationalization programs each year. each year. 5.2. The candidates who pass the screening process shall be those Indonesian personnel who have potential to developed their careers and/or to replace foreign personnel in in future. expatriate personnelthe the future. 5.3. KKKS shall send requests for implementation of Job Swapping or Technical send requests for implementation of Job Swaping Technical Development the Planning Chart for Utilization of Foreign Development Exchange attaching the Planning Chart for Manpower Utilitization Workers (RPTK), data Indonesian personnel, and the Indonesian Indonesian Plan (RPTK), data on the on the Indonesian personnel, and the personnel’s personnel’s Individual Development Plans (IDP). Individual Development Plans (IDP). 5.4. KKKS shall send requests for implementation of Job Assignment/Overseas Onthe-Job Training or Internationalization attaching data on the Indonesian personnel and the Indonesian personnel’s Individual Development Plans (IDP). 5.5. BPMIGAS shall evaluate and grant approval for implementation of the Job Swapping, Technical Development Exchange, Job Assignment/Overseas Onthe-Job Training, or Internationalization. 5.6. KKKS shall conduct evaluation of the Job Swapping, Technical Development Exchange, Job Assignment/Overseas On-the-Job Training, and Internationalization programs and report to BPMIGAS for discussion in the Career Development Monitoring. VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Cooperation Contract (KKS). 6.6. Work Program & Budget (WP&B). 6.7. Decree of the Minister and Transmigration No. Kep-228/Men/2003 on Procedure for Ratification of Plans for Utilization of Foreign Workers. 6.8. Decree of the Minister and Transmigration No. Kep-20/Men/III/2004 on Procedure for Obtaining Permits to Employ Foreign Workers. VII. ATTACHMENTS 5.2. Individual Development Plan (IDP) – (see each KKKS). 42 BK 1.indd Isi42 4/27/2007 9:01:56 AM
  • 55. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : EXTENSION OF WORK RE LATIONSHIP BEYOND RETIREMENT AGE Promulgated on : 11-05-2005 I. Extension of Work Relationship Beyond Retirement Age GUIDELINES Effective : 11-05-2005 GENERAL In order to encourage Career Development and Succession Planning and to provide an opportunity for career development for KKKS employees, Extension of Work Relationship beyond retirement age should be avoided. II. AIMS 2.1. To accommodate the needs of KKKS for professional and experienced personnel. 2.2. To provide limits for KKKS so that they can implement their leadership succession agendas properly. III. AUTHORITY 3.1. KKKS shall determine the employee whose work relationship is to be extended. 3.2. BPMIGAS shall evaluate and reply to the request for approval of extension of work relationship in accordance with the established criteria. IV. REGULATION/LIMITS 4.1. Essentially, the work relationship between an employee and the company is maintained up to the employee’s retirement age (maximum 56 years). 4.2. A national employee who occupies the top position may be extended directly by the KKKS each year to a maximum age of 60 years. 4.3. Employees who occupy managerial positions one level below the top position in the KKKS may be extended each year by the KKKS to a maximum age of 58 years, with BPMIGAS approval. 4.4. Employees whose positions are lower than that mentioned in point 4.3 may not have their work periods extended. V. INSTRUCTIONS/IMPLEMENTATION 5.1. KKKS shall submit plans for extension of work relationships of employees who are entering retirement age, submitted and signed by the top executive of the KKKS, and addressed to BPMIGAS, stating: x x x x x Name of employee/position. Date and period of the extension. Prospective replacement who is being prepared, together with personal data. Justification for the extension, and Biodata. 5.2. The [request for] extension of the employee’s work relationship shall be submitted one (1) month before the individual’s term of duty is to expire, and must be with the approval of the individual concerned. 43 BK 1.indd Isi43 4/27/2007 9:01:57 AM
  • 56. Extension of Work Relationship Beyond Retirement Age GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : EXTENSION OF WORK RE LATIONSHIP BEYOND RETIREMENT AGE Promulgated on : 11-05-2005 Effective : 11-05-2005 5.3 Extension of an employee’s work relationship shall be considered as long as it complies with these justifications: x If the prospective replacement (succession) that is been prepared is not yet possible because: - Does not yet meet job requirements. - Moved to another company. - Resigned. - Reorganization (restructuring). - Other reasons, such as illness, death, etc. x The qualifications of the employee concerned are urgently needed for the company’s smooth operations and extremely difficult to obtain from the existing employees, or x The employee concerned is currently playing a role in handling an important project of important programs that have direct access to the operational interests of the KKKS, whether in the present or in the future. 5.4 The KKKS may rehire an employee under these conditions: x x The employee concerned is currently playing a role in handling an important project of important programs that have direct access to the operational interests of the KKKS, whether in the present or in the future. x 5.5 The qualifications of the employee concerned are urgently needed for the company’s smooth operations and extremely difficult to obtain from the existing employees, or The work relationship between the KKKS and the employee concerned has first been completed (by making paying of entitlements in accordance with the provisions of the prevailing regulations). [The employee is] then rehired through a limited-period work agreement (PKWT) for a period of time in accordance with the applicable labor laws and regulations, and may not occupy a structural/managerial position. All plans for extension of work relationship/rehiring of an employee must have the prior approval of BPMIGAS before they can be applied. VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Cooperation Contract (KKS). 6.6. Work Program & Budget (WP&B). 44 BK 1.indd Isi44 4/27/2007 9:01:58 AM
  • 57. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : RECRUITMENT OF INDONESIA PERSONNEL (TKI) Promulgated on : 11-05-2005 I. Recruitment of Indonesian Personnel (TKI) GUIDELINES Effective : 11-05-2005 GENERAL 1.1. Recruitment of employees in a KKKS shall be done in accordance with the company’s operational needs. 1.2. Priority shall be given to candidates who have been planned in accordance with the succession plan from within the company. This is intended to provide an opportunity for employees with potential to receive career development and to occupy key positions in the company. II. AIMS 2.1. To maintain the company’s smooth operations. 2.2. To make optimum efficient use of Indonesian Manpower (TKI). 2.3. To provide opportunities work career development for employees with potential. III. AUTHORITY 3.1. KKKS shall carry out the recruitment process and transfers of employees. 3.2. Recruitment of employees, whether from within or from outside the KKKS or transfer of employees for the positions of Senior Manager, General Manager, Vice President, Sr. Vice President, President or the equivalents of these positions, including positions one level below the top executive, shall require approval of BPMIGAS. 3.3. BPMIGAS shall monitor KKKS recruitment program. IV. REGULATION/LIMITS 4.1. Recruitment of Indonesian personnel from Outside the Company. 4.1.1. Recruitment [of personnel] beyond retirement age for positions that require specific competence with status as Employee for Limited Period (PWT) shall be done in accordance with the applicable Laws and Regulations. 4.1.2. Former employees of a KKKS who have terminated their work a KKKS who have terminated their work relationships for reasons of voluntary resignation, early retirement, resignation, early retirement, termination of employment (Dismissal, PHK) by mutual agreement employment (Dismissal, PHK) by mutual agreement (Mutual Agreement Termination (MAT), who have received payment Mutual Agreement Termination, MAT), who have received payment of employee’s entitlement due to dismissal in the amounts the amounts of of employee’s entitlement due to dismissal (PHK) in of the normative provisions or provisions or special packages/incentives, may again the normativespecial packages/incentives, may not be accepted not be by the same by the same KKKS/operator, accepted accepted by a accepted againKKKS/operator, but may be but may beby a different KKKS/operator. different KKKS/operator. 4.1.3. The service years of former KKKS employees who have received their entitlements due to dismissal in line with the service years in the previous KKKS and have been recruited again by a different KKKS shall be reset to zero (0) years. 45 BK 1.indd Isi45 4/27/2007 9:01:58 AM
  • 58. Recruitment of Indonesian Personnel (TKI) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : RECRUITMENT OF INDONESIAN PERSONNEL (TKI) Promulgated on : 11-05-2005 Effective : 11-05-2005 4.2. Recruitment of Indonesian personnel from Within the Company. 4.2.1. KKKS shall conduct career planning for each of their employees (Individual Development Plan) for career development, transfers, and preparation of succession plans. 4.2.2. The career development, transfer, and succession programs implemented by a KKKS must be done in a systematic and structured way and based on professional principles. 4.2.3. Every Indonesian personnel of a KKKS shall receive a competence development program, and based on his/her competence must be used effectively in a position in line with the principle of equal treatment with the expatriate personnel. 4.2.4. BPMIGAS will evaluate the implementation of KKKS Indonesian personnel, career development and encourage the optimum effective use of Indonesian personnel. V. INSTRUCTIONS/IMPLEMENTATION 5.1. Filling of vacant positions or transfers of employees shall be done entirely by the KKKS based on the RPTK that has been approved, in line with the authority in point 3 (Authority), with priority on candidates from within the KKKS. 5.2. Plans to fill positions from outside the company in line with point 3.2 should be proposed to BPMIGAS to obtain approval. 5.3. For former employees of KKKS who are received by another KKS, the recipient KKKS may request a reference from the previous KKKS or from BPMIGAS. VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Cooperation Contract (KKS). 6.6. Work Program & Budget (WP&B). 46 BK 1.indd Isi46 4/27/2007 9:01:59 AM
  • 59. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CONDUCT OF EDUCATION AND I TRAINING Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1. Every KKKS is required to carry out Education and Training for its Indonesian personnel (TKI). 1.2. Effective conduct of education and training is based on needs analysis. II. AIMS Conduct of Education and Training GUIDELINES 2.1. To ensure that KKKS implement education and training for Indonesian Personnel in line with the commitment as set forth in their Cooperation Contracts. 2.2. In order to support efforts for development of the KKKS’s Indonesian Personnel, so that they can have the capability to achieve the competency to be optimally employed and utilized. III. AUTHORITY 3.1. KKKS have the authority to analyze and identify their own education and training needs. 3.2. KKKS have the authority to prepare annual education and training plans for their employees in line with the need and the WP&B. 3.3. KKKS may conduct education and training abroad in line with the WP&B. Positions being vacated by Indonesian personnel who are proposed for overseas education and training may not be filled by expatriate personnel. 3.4. Expatriate personnel are not allowed to take part in education and training programs at KKKS expense, except when in the nature of Indonesian government policy or when urgently needed with BPMIGAS approval. 3.5. BPMIGAS has the authority to analyze all KKKS education and training plans and to monitor and evaluate their implementation. IV. REGULATION/LIMITS 4.1. IN-HOUSE. Education and training programs designed specifically and implemented by KKKS in order to meet operational needs. 4.2. PUBLIC COURSE. Programs conducted by third parties, whether within or outside the country. 4.3. BPMIGAS INTER-KKKS EDUCATION AND TRAINING COOPERATION COMMITTEE (KKSD). Education/training programs designed to meet the collective needs of KKKS and/or BPMIGAS, in order to develop professional and managerial capability of employees within the KKKS. 4.4. EXPERTISE AND SKILL DEVELOPMENT FUND (DPKK). Education/training programs conducted by the Directorate General of Oil and Gas that are proposed by a professional organization (such as IAGI, IATMI, KKSD, etc.) using funds derived from the mandatory fees imposed on KKKS that employ expatriate personnel. 47 BK 1.indd Isi47 4/27/2007 9:01:59 AM
  • 60. Conduct of Education and Training GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CONDUCT OF EDUCATION AND TRAINING Promulgated on : 11-05-2005 Effective : 11-05-2005 4.5. FORMAL EDUCATION. Educational programs conducted by Universities, whether within or outside the country, in accordance with the development needs of KKKS employees. 4.6. AKAMIGAS/STEM. Education in levels graded from diploma 1 through diploma 3, conducted by PPT Migas Cepu, to upgrade the academic competence of KKKS employees. 4.7. JOB ASSIGNMENT/OVERSEAS ON THE JOB TRAINING/TECHNICAL DEVELOPMENT EXCHANGE. Programs for development of Indonesian personnel competence through On the Job Training; the costs incurred may be charged to KKKS operating costs. can 4.8. ANNUAL EDUCATION & TRAINING (DEVELOPMENT) REPORT/ANNUAL TRAINING REPORT BUDGET & EVALUATION. An annual system for reporting on the realization and plans of education and training (development) whose expenditures are charged to KKKS operating costs. V. INSTRUCTIONS/IMPLEMENTATION 5.1. IN-HOUSE. 5.1.1. Implementation shall be adapted to the needs of each KKKS. 5.1.2. The programs may be offered to other KKKS that need them. 5.2. PUBLIC COURSE. 5.2.1. KKKS may send their employees to join public courses that are not provided by KKSD. 5.2.2. Assignment of participants is directed toward adding to their professional capability. 5.3. KKSD. May be conducted by third parties; one KKKS may be designated as coordinator. 5.4. DPKK. KKKS nominate participants for these programs directly to the Directorate General of Oil and Gas, with a copy to the PTN Subservice of BPMIGAS. 5.5. FORMAL EDUCATION. Conducted by Universities, whether within or outside the country, through consortium or non-consortium programs including Formal Academic Education Assistance. 5.6. AKAMIGAS/STEM. Conducted by PPT Migas Cepu after complying with the requirements for admission of new students. 48 BK 1.indd Isi48 4/27/2007 9:02:00 AM
  • 61. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : CONDUCT OF EDUCATION AND TRAINING Promulgated on : 11-05-2005 Effective : 11-05-2005 5.7. JOB ASSIGNMENT/OVERSEAS ON THE JOB TRAINING/TECHNICAL DEVELOPMENT EXCHANGE. KKKS shall conduct selection and evaluation to determine which Indonesian personnel will be sent on these programs. 5.8. ANNUAL TRAINING REPORT BUDGET & EVALUATION. To be submitted to Manpower Utilization & Industrial Relations Service of BPMIGAS as part of the analysis of the Manpower Work Plan & Budget before 30 September each year (See Guideline on Manpower Work Plan & Budget). Conduct of Education and Training GUIDELINES VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Cooperation Contract (KKS). 6.6. Work Program & Budget (WP&B). 6.7. Oil and Gas Expertise and Skills Development Fund No. 1/1997. VII. ATTACHMENTS 7.1 Annual Training Report Budget & Evaluation (Attachment 1). 49 BK 1.indd Isi49 4/27/2007 9:02:01 AM
  • 62. Attachment 1 ANNUAL TRAINING REPORT BUDGET & EVALUTION Operator Contract Area Proposed Budget Year : : : EMPLOYEE CLASIFICATION Govern / Univ. Student PSC Employee Staff 1 DESCRIPTION Non - Staff Non - Staff No Management Conduct of Education and Training Attachment 1 GUIDELINES BPMIGAS TRAINING EXPENSES Previous Current Next Year % VAR. Budget Budget Budget (3 - 2) 2 (1) (2) (3) FORMAL EDUCATION - S1 degree (STEM, Academical Program) - Domestic - Overseas - S2 degree - Domestic - Overseas - S3 degree - Domestic - Overseas 2 COURSES/SEMINAR/WORKSHOP (Course Work) - In House - Domestic (KKSD, DPKK, Public Course) - Overseas 3 JOB ASSIGNMENT - Domestic - Overseas 4 PRACTICAL TRAINING FOR UNIV. STUDENT (Intership Prog & COOP) TOTAL 50 BK 1.indd Isi50 4/27/2007 9:02:01 AM
  • 63. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : EDUCATION AND TRAINING FOR BPMIGAS EMPLOYEES AND EMPLOYEES OF GOVERNMENT AGENCIES AT KKKS EXPENSE Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 Education and Training for BPMIGAS employees and employees of government agencies at KKKS expense is provision of funding assistance for Education and Training, whether within or outside the country, that is non-binding by nature. This education and training may take the form of formal education, courses, seminars, workshops, or conferences. 1.2 This education and training is to be provided to BPMIGAS employees and employees of government agencies whose activities are related to the oil and gas industry in accordance with the employees’ positions and duties. 1.3 The Education and Training Fund for BPMIGAS employees and employees of government agencies will use the budget previously allocated in the WP&B. 1.4 Sponsorship for Education and Training of government agency employees cannot be done separately; it is always related to guidance and development of BPMIGAS/KKKS employees or those who make a contribution to Indonesia’s oil and gas industry. 1.5 The meaning of government agencies here is those government agencies that have a working relationship with BPMIGAS/KKKS. Education and Training for BPMIGAS Employees and Employees of Government Agencies at KKKS Expense GUIDELINES II. AIMS 2.1 To help BPMIGAS employees and employees of government agencies in increasing their knowledge and professional capabilities. 2.2 To foster cooperation between government agencies and KKKS. 2.3 To promote good relations with KKKS and their parent companies. III. AUTHORITY 3.1 KKKS shall ensure that the education and training programs for BPMIGAS employees and employees of government agencies proceed properly and are cost effective. 3.2 KKKS is obliged to ensure that the BPMIGAS employees and employees of government agencies that receive sponsorship from the KKKS are required to sign agreement letters setting out their rights and responsibilities while taking part in the training programs. 3.3 BPMIGAS is required to request reports on the training and education activities from the participants. 51 BK 1.indd Isi51 4/27/2007 9:02:02 AM
  • 64. Education and Training for BPMIGAS Employees and Employees of Government Agencies at KKKS Expense GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : EDUCATION AND TRAINING FOR BPMIGAS EMPLOYEES AND EMPLOYEES OF GOVERNMENT AGENCIES AT KKKS EXPENSE Promulgated on : 11-05-2005 Effective : 11-05-2005 IV. REGULATION/LIMITS 4.1 4.2 4.3 Requests for training and education for BPMIGAS employees and employees of government agencies must go through and be coordinated by BPMIGAS, specifically the Manpower Utilization & Industrial Relations Service of BPMIGAS. KKKS shall study the proposals that come in from BPMIGAS and may coordinate them with their respective parent companies. KKKS shall notify BPMIGAS of its approval or rejection of implementation of the training. V. INSTRUCTIONS/IMPLEMENTATION 5.1 The authorized officials of government agencies shall submit requests for training and education for the employees within their organizations by sending training and education request letters to BPMIGAS and the KKKS that is asked to be the sponsor, no later than 14 (fourteen) working days before the training and education is to be conducted if within the country, and 30 (thirty) working days before the training and education is to be conducted if outside the country if passport and visa are already held. (In the case of urgent need, the decision may be made through evaluation). 5.2 Submission of training and education requests to BPMIGAS by government agencies must comply with the established requirements. 5.3 For BPMIGAS employees, requests shall be submitted by the supervisor to the Manpower Utilization & Industrial Relations Service, with a copy to the KKKS that is approved as the sponsor. 5.4 The Manpower Utilization & Industrial Relations Service shall coordinate with the KKKS to examine and process training and education requests for government employees, to be adapted to the needs of the BPMIGAS/KKKS guidance and development programs, as follows: A. Training and Education Within the Country: x Courses/seminars/workshops/conferences. x Collective courses coordinated by the Committee for Cooperation in Education and Training (KKSD) among BPMIGAS and KKKS. x In-House courses conducted by KKKS. B. Training and Education Abroad: x Short courses. x Conferences/seminars/workshops. x Formal Education. 5.5 Calculation of the costs related to the training and education shall be done by BPMIGAS, in this case the Manpower Utilization & Industrial Relations Service, and then forwarded to the KKKS that is asked to serve as sponsor. 52 BK 1.indd Isi52 4/27/2007 9:02:03 AM
  • 65. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : EDUCATION AND TRAINING FOR BPMIGAS EMPLOYEES AND EMPLOYEES OF GOVERNMENT AGENCIES AT KKKS EXPENSE Promulgated on : 11-05-2005 Effective : 11-05-2005 5.6 The rates of official travel costs shall be based on the provisions in the guidelines for providing official travel facilities established by BPMIGAS. 5.7 After completing programs, government agency employees are required to submit reports to the KKKS that provided the sponsorship, with a copy to the Head of the Manpower Utilization & Industrial Relations Service of BPMIGAS, no later than two weeks after the training ended. VI. REFERENCES 6.1 6.2 6.3 6.4 6.5 6.6 Law No. 22/2001 on Oil and Gas. Law No. 13/2003 on Manpower. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. Cooperation Contract (KKS). Work Program & Budget (WP&B). VII. ATTACHMENTS 7.1 Letter of agreement to rights and obligations in participating in training program at KKKS’ expense. (Attachment 1). Education and Training for BPMIGAS Employees and Employees of Government Agencies at KKKS Expense GUIDELINES 53 BK 1.indd Isi53 4/27/2007 9:02:03 AM
  • 66. Education and Training for BPMIGAS Employees and Employees of Government Agencies at KKKS Expense (Attachment 1) GUIDELINES Attachment 1 Kepada Yth. Kepala HR. Manager, KKKS Perihal : Laporan Pelaksanaan Perjalanan Dinas Ke Luar Negeri Dengan ini kami laporkan perjalanan dinas Luar Negeri dari ; 1. N a m a : …………......…………………………………………. 2. No. Pekerja / Golongan : ……………...…………………………………………. 3. Jabatan : …………..……………………………………………. 4. SKPD Luar Negeri No. : …………..……………………………………………. 5. Berangkat tanggal : …………..……………………………………………. 6. Kembali tanggal : …………….……….…………………………………. Sebagai penyelesaian pertanggung jawaban atas perjalanan dinas Luar Negeri, terlampir kami sampaikan : 1. Pertanggungjawaban keuangan (akomodasi, tiket dll.) 2. Surat bukti pembayaran fiscal Luar Negeri 3. Photocopy passport Demikian laporan kami, atas perhatian Bapak kami ucapkan terima kasih. Jakarta, (____________________) x Tembusan Kepala Dinas PTK & HI BPMIGAS. 54 BK 1.indd Isi54 4/27/2007 9:02:04 AM
  • 67. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PRACTICAL WORK TRAINING FOR UNIVERSITY STUDENTS, COOP, STUDENTS, AND OTHERS PARTIES Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL The Practical Field Work/Final Assignment, Apprenticeship, and Cooperative Education (Co-op) programs are a form of cooperation with universities/other institutions of higher learning in order to help students/graduates of universities and other students with academic requirements and to obtain work experience. 1.1. Practical Field Work (PKL) & Final Assignment. This is a program for students and others to perform practical field work and to perform research to complete their final assignments, for a period of 1 to 2 months. 1.2. Apprenticeship. This is a program for graduates of universities/academies to work in companies/industries for a fixed period (in line with the applicable laws and regulations) in order to obtain work experience. Practical Work Training for University Students, COOP, Students, and Other Parties GUIDELINES 1.3. Cooperative Academic Education (Co-op). This is an academic partnership program between universities and the business/industry community. The program is an effort by the Government to upgrade the quality of S1 [bachelor’s degree equivalent] candidates by providing them the opportunity to work in companies/industry in order to obtain real-life work experience. II. AIMS To provide an opportunity for students and others who need it to carry out practical work and to do research in order to complete academic and work experience requirements. III. INSTRUCTIONS/IMPLEMENTATION 3.1. Practical field work/Final Assignment Program. 3.1.1. Letter of request from University using Form TEA-1, addressed to KKKS’s HR Department. 3.1.2. KKKS’s HR Department forwards it to the lines to find a practical work placement and appropriate mentor. 3.1.3. KKKS confirmation to University/School/Educational Institution (if there is a place) to notify students and others as applicants. 3.1.4. Student or other party arranges clinic examination and correspondence with HR Department of the KKKS that accepted him/her. 3.1.5. Student or other party submits results of clinic examination from local Government Hospital/Clinic/Public Health Center (including readout of xray results) to the KKKS’s Training and Education section to be legalized by the KKKS’ Medical Department. 55 BK 1.indd Isi55 4/27/2007 9:02:04 AM
  • 68. Practical Work Training for University Students, COOP, Students, and Other Parties GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PRACTICAL WORK TRAINING FOR I UNIVERSITY STUDENTS, COOP, T STUDENTS, AND OTHERS PARTIES Promulgated on : 11-05-2005 Effective : 11-05-2005 3.1.6. Based on a letter of clean health from the KKKS’s Medical Department, KKKS’s Training and Education section notifies the student/other party through the university/school/educational institution about confirmation of the practical work schedule. 3.1.7. The student/other party reports to the KKKS to sign field practice agreement using form TEA-2. 3.1.8. Execution of practical work at operation field. 3.1.9. Financial assistance for Practical field work is a minimum of Rp 100.000 per month per participant, in line with the KKKS’s capability and local conditions. 3.2. Apprenticeship. 3.2.1. Apprenticeship requests may be addressed directly to the KKKS concerned, using as guidelines the availability of an apprenticeship place and of a mentor. 3.2.2. KKKS shall conduct selection in line with the requirements prevailing at each KKKS. 3.2.3. Maximum length of time for the apprenticeship shall be in accordance with the applicable laws and regulations. 3.2.4. Financial assistance for apprenticeship is a minimum of Rp 400.000 per month per participant, in line with the KKKS’s capability and local conditions. 3.3. Coop Education Program. 3.3.1. KKKS receives Co-op candidates who have been selected by the university. 3.3.2. KKKS prepares letter of agreement with the university. 3.3.3. Evaluation is conducted and certificates awarded to those who conducted certificates awarded to those ho Evaluation successfully complete the program. Certificates are issued by the KKKS successfully complete the program. Certificates are issued by the KKKS concerned. concerned. 3.3.4. Honorarium for Co-op participants. The honorarium for each student is set by the KKKS concerned. IV. REFERENCES 4.1. Law No. 22/2001 on Oil and Gas. 4.2. Law No. 13/2003 on Manpower. 4.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 4.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 4.5. Cooperation Contract (KKS). 4.6. Work Program & Budget (WP&B). 56 BK 1.indd Isi56 4/27/2007 9:02:05 AM
  • 69. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PRACTICAL WORK TRAINING FOR UNIVERSITY STUDENTS, COOP, STUDENTS, AND OTHERS PARTIES Promulgated on : 11-05-2005 Effective : 11-05-2005 4.7. Guidelines for Conduct of the Cooperative Academic Education (Co-op) Program by BAPPENAS [and] Directorate General of Higher Education, Department of National Education. 4.8. Concept of Dual-System (PSG) Education in Vocational High Schools (SMK) by Department of Education and Culture, 1994. V. ATTACHMENTS 5.1. TEA (Technical Education Assistance) 1 (Attachment 1). 5.2. TEA (Technical Education Assistance) 2 (Attachment 2). Practical Work Training for University Students, COOP, Students, and Other Parties GUIDELINES 57 BK 1.indd Isi57 4/27/2007 9:02:05 AM
  • 70. Practical Work Training for University Students, COOP, Students, and Other Parties (Attchment 1) GUIDELINES Attachment 1 Form : TEA-1 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI KKKS . . . . . . . . . . . . . . . . . . . . . PERMOHONAN PRAKTEK LAPANGAN PADA KONTRAKTOR KONTRAK KERJA SAMA NO.: /TEA-1/KPS/20 . . . . ----------------------------------------------------------------------------------SEMUA PERMOHONAN PRAKTEK LAPANGAN PADA KONTRAKTOR KONTRAK KERJASAMA HARUS MELAMPIRKAN ISIAN LENGKAP DARI FORMULIR TEA-1 INI. UNIVERSITAS FAKULTAS/JURUSAN ALAMAT/TELEPON : ……………………………………………………………… : ……………………………………………………………… : ……………………………………………………………… A. MAHASISWA 1. N a m a : ……………………………………………………………… 2. Lahir di/Tanggal : ……………………………………………………………… 3. Alamat/Telepon : ……………………………………………………………… 4. Tanggal masuk Universitas/ Akademi : ……………………………………………………………… 5. Keterangan mengenai “tingkat” yang sudah dicapai saat ini (jika “sistem kredit”, agar dijelaskan prosentase yang sudah dicapai dari yang semestinya s/d akhir tahun akademi sekarang). ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. .…………………………………………………………………………………………………. 6. Keterangan mengenai Orangtua & Wali a. N a m a : ……………………………………………………………… b. A l a m a t : ……………………………………………………………… d. J a b a t a n 7. : ……………………………………………………………… c. Pekerjaan/Instansi : ……………………………………………………………… Jika pernah Kerja Praktek/Thesis Lapangan Instansi Perusahaan : ……………………………………………………………… Waktu : ……………………………………………………………… 58 BK 1.indd Isi58 4/27/2007 9:02:06 AM
  • 71. B. Keterangan mengenai Kerja Praktek/Thesis Lapangan yang diinginkan (Diisi oleh Dosen Pembimbing Akademis) 1. Bidang Studi/Judul Skripsi : ………………………………………………………………..... ………………………………………………………………………………………………...... ………………………………………………………………………………………………...... ………………………………………………………………………………………………...... 2. Ihtisar Permasalahan (singkat, jelas, spesifik) (yang membuat thesis menyerahkan abstrak/outline) : ………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. 3. Jangka waktu : Kerja Praktek = 1 bulan/Thesis Lapangan = 2 bulan C. Keterangan lainnya yang dianggap perlu ditambahkan ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. D. Pernyataan mengenai Tanggungan Resiko. Practical Work Training for University Students, COOP, Students, and Other Parties (Attchment 1) GUIDELINES Perusahaan tidak akan menanggung segala resiko kecelakaan/kematian selama mahasiswa melakukan Praktek Lapangan. Pernyataan ini mengandung arti bahwa Perusahaan tidak akan dituntut dikemudian hari oleh Mahasiswa/i ataupun pihak lainnya. Dosen Pembimbing Tandatangan dan Cap Fakultas (. . . . . . . . . . . . . . . . . . . .. . . .) Mahasiswa Pemohon, (. . . . . . . . . . . . . . . . . . . . . .) Dekan Fakultas Tandatangan dan Cap Fakultas (. . . . . . . . . . . . . . . . . . . . . . . .) 59 BK 1.indd Isi59 4/27/2007 9:02:06 AM
  • 72. Practical Work Training for University Students, COOP, Students, and Other Parties (Attchment 2) GUIDELINES Attachment 2 Form : TEA-2 BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI KKKS/PSC : ……………………………………………. PERJANJIAN PRAKTEK LAPANGAN PRACTICAL WORK AGREEMENT Perjanjian ini dibuat antara : This Agreement is made between : Mahasiswa Perguruan Tinggi : ……………………………. ………………………………………………………………… selanjutnya disebut “Praktikan” dan ……………………… ………………………………………………………………… ………………………………… A Student of University : ……………………… ……………………………………………………………… Here in after referred to as “Student Trainee” and…………………………………….…………..……… ………………………… Kontraktor Kontrak Kerja Sama, selanjutnya disebut “Perusahaan” Production Sharing Contractor hereinafter referred to as “Company” Perjanjian ini dibuat dengan maksud untuk memberikan program praktek lapangan di industri minyak dan gas bumi kepada mahasiswa. The Agreement is made for the purpose of providing a Practical Training program in oil and gas industry for University students. Program ini diatur dengan syarat dan kondisi sebagai berikut : The following terms and conditions shall govern this program : 1. Praktikan setuju untuk mematuhi dan tunduk kepada semua ketentuan dan peratutran yang berlaku selama menjalani program Praktek Lapangan. 1. Practical student agree to abide by and comply all existing rules and regulations of the Company while undergoing the practical work. 2. Program ini berlaku mulai tanggal : ……………. dan berakhir pada tanggal ……………. , kecuali ditentukan lain oleh Perusahaan. 2. The Program will be effective on ……………… and expire on …………………., except stimulated otherwise by the Company. 3. Praktikan setuju untuk melaksanakan tugas-tugas Praktek Lapangan sesuai dengan ketentuan yang berlaku. Penilaian Praktek Lapangan dilakukan oleh Perusahaan. 3. Practical Student agree to maintain a satisfactory level of performance in accordance with the prevailing regulation. Appraisal of performance shall be done by the Company. 4. Perusahaan akan berusaha memberikan kesempatan pengalaman kerja yang sesuai dengan minat Praktikan maupun kehendak Perguruan Tinggi akan tetapi pekerjaan sehari-hari lebih diutamakan, dengan demikian tidak selamanya dapat berpegang kepada program yang diinginkan. 4. Company will make every effort to provide work experience opportunities within Practical Student interest as well as special requirements of the University. How ever, normal operational requirement shall take precedence, therefore it may not always be possible to adhere to the desired program. 5. Perusahaan akan memberikan bantuan keuangan sebesar Rp. 100.000,- 5. Company will grand a financial assistance a Rp. 100.000,- 6. Perusahaan akan apabila tersedia : 6. Company available : memberikan fasilitas berikut will provide the PERTAMINA following if a. Akomodasi dan Makan a. Accommodation and Meals b. Pelayanan kesehatan dengan cuma- cuma sejauh yang dapat diberikan oleh fasilitas klinik Perusahaan. b. Free medical services to the extent available at Company’s Medical Clinic. 7. ……. 60 BK 1.indd Isi60 4/27/2007 9:02:07 AM
  • 73. 7. Tidak ada tunjangan-tunjangan lain yang akan diberikan selain yang disebut diatas. Praktikan dianggap bujangan (tidak kawin) tanpa memperdulikan tanggung jawab dan tanggungan pribadinya. 7. No benefits other than stated above will be extended. Practical student will be considered single (unmarried) regardless of this private responsibilities of commitments. 8. Praktikan harus mengikuti jam-jam kerja yang berlaku dilapangan atau kantor tempat praktikan ditugaskan. Untuk jam-jam kerja khusus ditentukan oleh pengawas/pembimbing langsung praktikan. 8. 9. Praktikan harus bersedia melaksanakan tugastugas yang dibebankan kepadanya dan menerima syarat-syarat seperti yang diterapkan kepada karyawan lain di tempat atau dibidang pekerjaan apapun. 9. Practical student agrees to follow the same working hours as applied to the field or in the office unit. Any other schedule will be strictly at the discretion of the practical student’s immediate supervisor. Practical student must be prepared to carry out work and assigned tasks as and accept conditions as applied to other employees in whatever job and/or location. 10. Pada akhir masa praktek lapangan hubungan antara Perusahaan dengan Praktikan putus tanpa adanya kewajiban dari Perusahaan untuk mepekerjakan Praktikan setelah yang bersangkutan menyelesaikan studinya. 10. At the conclusion of this training period, the agreement will be terminated without any obligation for the Company to employ the Practical Student upon the completion of his/her study. 11. Praktikan wajib merahasiakan semua keterangan mengenai Perusahaan dan Praktikan sama sekali tidak akan membicarakan urusan Perusahaan dengan pihak lain selain dengan pengawas/pembimbing Praktikan di Perusahaan. Perjanjian ini dapat diputuskan dengan segera apabila ketentuan ini dilanggar. 11. Practical Student is required to keep confidential all information concerning the Company and he her will never discuss them with anyone except the practical student’s supervisor during the practical training. This agreement can be immediately terminated if this secrecy provision in violated. 12. Perusahaan tidak menanggung resiko apapun selama Praktikan melakukan praktek lapangan. Dengan demikian Perusahaan tidak akan dituntut dikemudian hari oleh Praktikan ataupun oleh Pihak lainnya. 12. Company is not at all obliget to bear any risks during the period of practical work. This agreement means that the Company is not liable againts any law suit in the future by practical student or any other party. Jakarta, ………………………………………… Jakarta, …………………………………………… Praktikan/Practical Student : Pihak Perusahaan/For the Company : Nama lengkap : ………………………………... Name in full Nama Lengkap : …………………………………. Name in full Jabatan : …………………………………………. Position Jabatan : …………………………………………. Position Tanda Tangan : ……………………………….. Signature Practical Work Training for University Students, COOP, Students, and Other Parties (Attchment 2) GUIDELINES Tanda Tangan : …………………………………. Signature 61 BK 1.indd Isi61 4/27/2007 9:02:08 AM
  • 74. Domestic Scholarships GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : DOMESTIC SCHOLARSHIPS Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL Domestic scholarships are implemented through the BPMIGAS-KKKS Education Consortium or through Community Development and Community Relations. II. AIMS 2.1. To assist with financing domestic education for university students in Indonesia based on selection. 2.2. To improve the image of BPMIGAS and Cooperation Contract Contractors. 2.3. To assist Government programs in the effort to improve the mental life of the nation. III. AUTHORITY Allocation of a number of domestic scholarships and KKKS scholarships from the consortium program for each operating area coordinator designated by the Consortium Council. IV. INSTRUCTIONS/IMPLEMENTATION 4.1. Granting of domestic scholarships charged as non-consortium operating costs shall be determined by the KKKS and BPMIGAS’s Government and Public Relations section. 4.2. Programs for granting scholarships conducted through Community Development and Community Relations programs by each KKKS (charged as non-consortium operating costs) shall be determined by the KKKS and BPMIGAS’s Government and Public Relations section and reported to the Manpower Utilization & Industrial Relations Service of BPMIGAS. 4.3. Programs for granting domestic scholarships conducted through the BPMIGASKKKS Education Consortium shall be determined by the BPMIGAS-KKKS Education Consortium Council. V. PROCESS AND PROCEDURE FOR IMPLEMENTATION OF SCHOLARSHIPS Granting of domestic scholarships shall be based on the guidelines of the BPMIGASKKKS Education Consortium. VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Cooperation Contract (KKS). 62 BK 1.indd Isi62 6.6. Work Program & Budget (WP&B). 4/27/2007 9:02:08 AM
  • 75. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : OVERSEAS SCHOLARSHIPS Promulgated on : 11-05-2005 I. Overseas Scholarships GUIDELINES Effective : 11-05-2005 GENERAL Overseas scholarships are implemented through programs in line with KKKS needs Overseas scholarships are implemented through programs in line with KKKS needs or BPMIGAS policies and charged to to operating costs through the BPMIGAS KKKS BPMIGAS policies and charged operating costs or or through the BPMIGASKKKS Education Consortium. Education Consortium. II. AIMS 2.1 To provide [as] professional personnel for the oil and gas industry Indonesian personnel of international standard. 2.2 To participate in the fostering of National Human Resources in the Oil and Gas Industry by providing an opportunity to obtain the latest scientific and technological knowledge through high-quality education. III. AUTHORITY 3.1 Allocation of the number of overseas scholarships that use consortium funds shall be determined by the Consortium Council. 3.2 Overseas scholarship programs conducted by each KKKS with the charge of operating costs determined by each KKKS and proposed to BPMIGAS. 3.3 KKKS may determine the prospective grantees through a selection process and requirements set by the BPMIGAS-KKKS Education Consortium, proposed the requirements set by the BPMIGAS-KKKS Education Consortium, proposed to to the BPMIGAS-KKKS Education Consortium,Council attn.: Executive Chairman. the BPMIGAS-KKKS Education Consortium Council,attn.: Executive Chairman 3.4 The Executive Chairman of the BPMIGAS-KKKS Education Consortium shall approve the grantees. IV. INSTRUCTIONS/IMPLEMENTATION 4.1 Programs for granting overseas scholarships in line with the needs of each KKKS and charged to operating costs shall be implemented in accordance with the provisions of the BPMIGAS-KKKS Education Consortium Council. 4.2 Programs for granting overseas scholarships conducted through the BPMIGASKKKS Education Consortium shall be determined by the BPMIGAS-KKKS Education Consortium Council. V. PROCESS AND PROCEDURE FOR IMPLEMENTATION OF SCHOLARSHIPS Granting of overseas scholarships shall be based on the guidelines of the BPMIGASKKKS Education Consortium. VI. REFERENCES 6.1 Law No. 22/2001 on Oil and Gas. 6.2 Law No. 13/2003 on Manpower. 6.3 Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4 Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5 Cooperation Contract (KKS). 6.6 Work Program & Budget (WP&B). 63 BK 1.indd Isi63 4/27/2007 9:02:09 AM
  • 76. Preparation of Company Regulations and Collective Labor Agreements (PP & CLA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : PREPARATION OF COMPANY PREPARATION OF COMPANY REGULATIONS AND COLLECTIVE REGULATIONS AND COLLECTIVE LABOR AGREEMENTS (PP & CLA) LABOR AGREEMENTS (PP & CLA) Promulgated on : 11 -05-2005 I. Effective : 11-05-2005 GENERAL 1.1. Company Regulations (PP) are regulations produced in writing by Company Management that contain the Company’s work requirements and rules. 1.2. A Collective Labor Agreement (CLA) is an agreement that represents the result of negotiations between (one or more) Labor Union(s) (SP) that is/are registered with the government manpower agency (Department of Manpower and Transmigration) and the Company’s Management, which contains work requirements to regulate and protect the rights and responsibilities of the each parties. 1.3. Every proposed PP/CLA prepared by a KKKS must first be discussed together with BPMIGAS to obtain approval to ensure the achievement of balance within the KKKS and compliance with the applicable laws and regulations. II. AIMS To provide a reference for KKKS companies in the preparation of PP/CLA so that the interests of the nation, the company, and the workers are protected. III. AUTHORITY 3.1. KKKS shall prepare draft PP/CLA in line with the company’s business strategy and financial capability, based on the normative provisions of laws and regulations and with attention to input from/results of discussion with worker representatives in a mechanism of bipartite cooperation in the company. 3.2. BPMIGAS shall conduct evaluation of the PP/CLA prepared by the KKKS in accordance with the company’s WP&B and the laws and regulations. IV. INSTRUCTIONS/IMPLEMENTATION 4.1. The PP/CLA prepared by KKKS may not conflict with, or be lower in quality or quantity, than the provisions of laws and regulations. 4.2. Procedure for Producing Company Regulations (PP): 4.2.1. KKKS shall prepare a draft of the PP, using as guidelines the applicable laws and regulations and the WP&B. 4.2.2. The draft PP shall be sent to the Manpower Utilization & Industrial Relations Service of BPMIGAS for joint discussion. 4.2.3. Using as its guidelines the results of the discussion, the KKKS shall revise the draft PP with attention to the input and considered opinions of employee representatives in a bipartite fashion. 4.2.4. If there are further changes, the draft PP shall be discussed again together with BPMIGAS Manpower Utilization & Industrial Relations Service. 64 BK 1.indd Isi64 4/27/2007 9:02:10 AM
  • 77. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION Preparation of Company Regulations and Collective Labor Agreements (PP & CLA) GUIDELINES SUBJECT : PREPARATION OF COMPANY PREPARATION OF COMPANY REGULATIONS AND COLLECTIVE REGULATIONS AND COLLECTIVE LABOR AGREEMENTS (PP & CLA) LABORAGREEMENTS (PP & CLA) Promulgated on : 11 -05-2005 Effective : 11-05-2005 4.2.5. The agreed draft PP shall be produced as a document in three (3) original copies, and sent together with an Approval Letter from BPMIGAS to the government manpower agency (Department of Manpower and Transmigration) to be ratified. 4.3. Procedure for producing Collective Labor Agreements (CLA): 4.3.1. KKKS shall prepare a draft of the CLA, using as guidelines the applicable laws and regulations and the WP&B. 4.3.2. The draft CLA shall be sent to the Head of the Manpower Utilization & Industrial Relations Service of BPMIGAS to be discussed together with the KKKS company’s management/representative. 4.3.3. Using as its guidelines the results of the discussion, the KKKS shall revise conduct negotiations on drafting the CLA with (one or more) Labor Union(s) in bipartite fashion in accordance with the laws and regulations. 4.3.4. If there are further changes, the draft CLA shall be discussed again by the KKKS company’s management/representative and BPMIGAS Manpower Utilization & Industrial Relations Service. 4.3.5. Once an agreement has been reached, the agreed CLA shall be produced as a document in three (3) original copies, to be signed by company representatives and Labor Union representatives and witnessed by a BPMIGAS representative, and then sent to the Department of Manpower and Transmigration. 4.4. Three (3) original PP/CLA documents that have been ratified/approved shall be provided: one (1) to the Department of Manpower and Transmigration; one (1) to BPMIGAS; and one (1) to be retained by the KKKS, the contents of which will then be announced/explained, and copies of its text distributed, to the employees. 4.5. While the PP remain in force, if there is a Labor Union in the company that, in accordance with the provisions of laws and regulations, desires negotiations to produce a CLA, the KKKS must (immediately report to BPMIGAS) and comply with the request. 4.6. PP/CLA whose periods have expired shall remain in force until the ratification of a new PP or the signing of a new CLA. 4.7. PP shall come into force once they are ratified by the Department of Manpower and Transmigration, while CLA shall come into force once they are signed by both parties. 4.8. If therecan that there is athe content of the PP/CLA during the term ofduring the In the is a plan to revise plan to revise the content of the PP/CLA its validity, term of must be discussed must be discussed with the Utilization Manpower the plan its validity, the planwith the BPMIGAS ManpowerBPMIGAS & Industrial Utilization & Industrial Relations Service to further processed by the further Relations Service to obtain approval and thenobtain approval and thenKKKS in processed procedures for producing the procedures line with theby the KKKS in line withPP/CLA above. for producing PP/CLA above. 65 BK 1.indd Isi65 4/27/2007 9:02:10 AM
  • 78. Preparation of Company Regulations and Collective Labor Agreements (PP & CLA) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT :: SUBJECT PREPARATION OF COMPANY PREPARATION OF COMPANY REGULATIONS AND COLLECTIVE REGULATIONSAND COLLECTIVE LABOR AGREEMENTS (PP & CLA) LABOR AGREEMENTS (PP & CLA) Promulgated on : 11 -05-2005 Effective : 11-05-2005 4.9. Documents of revisions to PP/CLA that have been ratified/agreed must still be announced/explained, and copies of their text given, to the employees by the KKKS. 4.10. Extension of the validity period of PP/CLA (without revisions) may be proposed directly to the Department of Manpower and Transmigration, with a copy to the Manpower Utilization & Industrial Relations Service of BPMIGAS. 4.11. If there are plans to dissolve a labor union or to transfer the ownership of the company, the KKKS must discuss them together with the Manpower Utilization & Industrial Relations Service of BPMIGAS, and the existing CLA shall remain in force until its validity period expires. 4.12. If there are plans for a company merger, and each of the companies has a CLA, the plan must be discussed together with the Manpower Utilization & Industrial Relations Service of BPMIGAS. 4.13. If there is a plan for a merger between a company that has a CLA and a company that does not yet have a CLA, this plan must also be discussed together with the Manpower Utilization & Industrial Relations Service of BPMIGAS, and the existing CLA shall remain in force for the company that was merged until its validity period expires. V. FORMS Letter of Approval from BPMIGAS for draft PP/CLA, and to be further processed in accordance with the provisions of the laws and regulations, VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Decree of the Minister of Manpower and Transmigration No. 48/2004 on Procedure for Production and Ratification of Company Regulations and Production and Registrations of Collective Labor Agreements. 6.6. Cooperation Contract (KKS). 66 BK 1.indd Isi66 4/27/2007 9:02:11 AM
  • 79. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : COMPENSATION AND BENEFITS Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 The determination of policy and system for compensation/benefits in a KKKS must take heed of laws and regulations and the company’s financial performance, and reflect a competitive level of salaries so that it will encourage human resource productivity. 1.2 Compensation and Benefits GUIDELINES The KKKS’s compensation/benefits policy and system must be set forth in the Company Regulations/Collective Labor Agreement (PP/CLA). If anything is regulated outside the PP/CLA, everything must be submitted to BPMIGAS to request prior approval before it can be applied. II. AIMS 2.1 To maintain balance in the sector of compensation/benefits policy in KKKS and to ensure that industrial relations problems do not arise. 2.2 To promote competitive salary levels and employee productivity in accordance with the company’s financial performance as set forth in the Work Program & Budget. III. AUTHORITY 3.1 KKKS shall prepare the compensation/benefits policy and system in line with the WP&B that has been approved by BPMIGAS. 3.2 BPMIGAS shall conduct approval and supervision of all compensation/benefit policies and systems prepared and applied by KKKS. IV. REGULATION/LIMITS 4.1 Compensation and benefits of KKKS employees (Indonesian personnel and expatriate personnel) shall be prepared based on the remuneration guidelines established by BPMIGAS. 4.2 Incentives/bonuses that are given to KKKS employees (Indonesian personnel and expatriate personnel) may be charged as operating costs if they are given in line with the KKKS’s operational performance on a principle of equality between Indonesian and Expatriate Personnel through BPMIGAS approval. TKI and TKA through BPMIGAS approval. 4.3 Severance payments to expatriate personnel whose work relationship is terminated by the KKKS, if charged to operating costs, shall be calculated pro rata in line with the length of service at the KKKS. 4.4 Provision of incentives to employees (Indonesian personnel and expatriate personnel) for the purpose of “Maintaining Employees” as an impact of “Transfer of Interest” of the KKKS (acquisition and merger) shall not be charged to the KKKS’s operating costs. 67 BK 1.indd Isi67 4/27/2007 9:02:11 AM
  • 80. Compensation and Benefits GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : COMPENSATION AND BENEFITS Promulgated on : 11-05-2005 Effective : 11-05-2005 V. INSTRUCTIONS/IMPLEMENTATION 5.1 KKKS shall prepare a draft of the compensation/benefits policy and system in the PP/CLA to be discussed with BPMIGAS. 5.2 Plans for compensation/benefits policy and systems that are regulated outside the PP/CLA must still be discussed with BPMIGAS. 5.3 Plans for determination or revision of annual compensation/benefits policy and system shall be submitted to the Head of BPMIGAS’s Manpower Utilization & Industrial Relations Service to be evaluated and obtain BPMIGAS approval. These plans, once they are approved, shall serve as the basis for recommendation of preparation of the KKKS’s overall WP&B. 5.4 In preparing employee benefits, the KKKS is required to adapt the program to the terminology in the provisions of the laws and regulations to avoid the occurrence of interpretations that could result in labor disputes. VI. REFERENCES 6.1 6.2 6.3 Law No. 22/2001 on Oil and Gas. Law No. 13/2003 on Manpower. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4 Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5 Decree of the Minister of Manpower and Transmigration No. 48/2004 on Procedure for Production and Ratification of Company Regulations and Production and Registrations of Collective Labor Agreements. 6.6. Cooperation Contract (KKS). 68 BK 1.indd Isi68 4/27/2007 9:02:12 AM
  • 81. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : SUBJECT TERMINATION OF EMPLOYMENT (PHK) TERMINATION OF EMPLOYMENT AND MUTUAL AGREEMENT (PHK) AND MUTUAL AGREEMENT TERMINATION (MAT) TERMINATION (MAT) Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1. KKKS must make every possible effort to prevent Termination of Employment (dismissal, PHK). If all such efforts have been undertaken but Dismissal still occurs, the KKKS shall process the Dismissal on the basis of the Company Regulations (PP)/Collective Labor Agreement (CLA) and the relevant legislation. 1.2. Mutual Agreement Termination (MAT) shall be done on the principle of an offer either from the company or the employee for ending the employment relationship by voluntary mutual agreement. Termination of Employment (PHK) and Mutual Agreement Termination (MAT) GUIDELINES II. AIMS 2.1. To provide protection for KKKS personnel and management. 2.2. To end problems in industrial relations. 2.3. To minimize the impact of labor disturbances and the operating costs incurred. III. AUTHORITY 3.1. KKKS shall carry out Dismissal/MAT processes of an individual nature in accordance with the Company Regulations (PP) or Collective Labor Agreement (CLA). 3.2. BPMIGAS shall provide rejection or approval for Dismissals/MAT that are: x Large-scale (more than 10 persons). x Individuals, with payment of dismissal/MAT entitlements in excess of the normative provisions stipulated in the PP/CLA. IV. REGULATION/LIMITS 4.1. KKKS shall carry out the dismissal or MAT process for their employees from the initial plan through to completion, both those that need and those that do not need to obtain determinations from the institution for resolution of industrial relations disputes or as stipulated in the laws and regulations. 4.2. KKKS must report every implementation of a dismissal due to a Case to BPMIGAS. If necessary, the KKKS may consult beforehand with BPMIGAS before imposing the dismissal due to a Case. 4.3. BPMIGAS will provide a response within 14 calendar days after receiving the letter proposing an Individual dismissal filed by a KKKS. 4.4. Termination of Employment not due to a Case, whether individual or largescale, may only be done if a work area is being closed or as an efficiency effort that must be taken due to a very significant decline in operational activities that could lead to closure of a work area. 69 BK 1.indd Isi69 4/27/2007 9:02:12 AM
  • 82. Termination of Employment (PHK) and Mutual Agreement Termination (MAT) GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : SUBJECT TERMINATION OF EMPLOYMENT (PHK) TERMINATION OF EMPLOYMENT AND MUTUAL AGREEMENT (PHK) AND MUTUAL AGREEMENT TERMINATION (MAT) TERMINATION (MAT) Promulgated on : 11 -05-2005 Effective : 11-05-2005 V. INSTRUCTIONS/IMPLEMENTATION V. INSTRUCTIONS/IMPLEMENTATION 5.1. Individual dismissal Due to a Case. 5.1. Individual dismissal Due to a Case. 5.1.1. KKKS shall examine and process the case that has occurredoccurred and accurred and 5.1.1.KKKS shall examine and process the case that has and determine the penalties to be imposed. determine the penalties toto be imposed. determine the penalties be imposed. 5.1.2.In carrying out dismissal, consideration needs to be given to the following: 5.1.2. In carrying out dismissal, consideration needs to be given to the following: • PP/CLA. • PP/CLA. • Background to the case/occurrence of violation by the employee. • Background to the case/occurrence of violation by the employee. • Other aggravating or mitigating circumstances. • Other aggravating or mitigating circumstances. 5.1.3.KKKS shall then process the dismissal in line with the provisions stipulate 5.1.3. KKKS shall then process the dismissal in line with the provisions stipulate in in the laws and regulations. the laws and regulations. 5.1.4.KKKS shall report the implementation of dismissal Cases to BPMIGAS. 5.1.4. KKKS shall report the implementation of dismissal Cases to BPMIGAS. 5.2. Individual MAT. 5.2. Individual MAT. 5.2.1. KKKS shall process MAT in line the the provisions stipulated in the 5.2.1. KKKS shall process MAT in line with withprovisions stipulated in the PP/CLA PP/CLA and the applicable laws and regulations. and the applicable laws and regulations. 5.2.2. If the payment of entitlement for Conclusion of Work Relationship the payment of entitlement for Conclusion of Work Relationship 5.2.2. If the payment of entitlement for Conclusion of Work Relationship (severance pay, etc.) exceeds the normative provisions stipulated in the (severanceapproval must be requested from BPMIGAS. stipulated in the the pay, etc.) exceeds the normative provisions stipulated in PP/CLA, pay, etc.) exceeds the normative provisions PP/CLA, approval must be requested from BPMIGAS. approval must be requested from BPMIGAS. 5.3. Large-scale MAT with payment of entitlement for Conclusion of Work 5.3. Large-scale MAT with payment of entitlement for Conclusion of Work Relationship Relationship exceeds normative provisions, stipulated in the PP/CLA. exceeds normative provisions, stipulated in the PP/CLA. The KKKS shall prepare for BPMIGAS the following: The KKKS shall preparethe planned MAT. following: 5.3.1. Background to for BPMIGAS the 5.3.1. Background MAT. planned MAT. 5.3.2. Aim of the to the 5.3.2. Aim of for implementation of the MAT. 5.3.3. Plan the MAT. 5.3.3. Plan for implementation of the MAT. 5.3.4. Formula for severance pay/other package of compensation for employee entitlements. 5.3.4. Formula for severance pay/other package of compensation for employee 5.3.5.entitlements.implementation of the large-scale MAT. Budget for 5.3.6.Budget for implementationlarge-scale MAT seen from various aspects. 5.3.5. Estimated impact of the of the large-scale MAT. 5.3.7. BPMIGAS shall conduct evaluation and discuss with the 5.3.6. Estimated impact of the large-scale MAT seen from various aspects. KKKS concerned. 5.3.7. BPMIGAS shall conduct evaluation and discuss with the KKKS concerned. 5.4. Dismissal other than for cases (individual or large-scale). 5.4. Dismissal other than for cases (individual or large-scale). To be proposed to BPMIGAS once there a very strong basis. To be proposed to BPMIGAS once there isis a very strong basis. 5.5. Terminology and Formulas. 5.5. Terminology and Formulas. 5.5.1. The formula for payment by by the KKKS of employees’ entitlements due formula for payment the KKKS of employees’ entitlements due to 5.5.1. The formula for payment by the KKKS of employees’ entitlements due to toDismissal/MAT shall observe the provisions stipulated inin theand and Dismissal/MAT shall observe the provisions stipulated the laws Dismissal/MAT shall observe the provisions stipulated in the laws laws and regulations. regulations. 70 70
  • 83. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : SUBJECT TERMINATION OF EMPLOYMENT (PHK) TERMINATION OF EMPLOYMENT AND MUTUAL AGREEMENT (PHK) AND MUTUAL AGREEMENT TERMINATION (MAT) TERMINATION (MAT) Promulgated on : 11-05-2005 Effective : 11-05-2005 5.5.2. The KKKS Should adjust the terminology and form of the formula for payment of employees’ entitlements due to Dismissal/MAT in accordance with the laws and regulations. 5.5.3. KKKS that still use terminology and formulas that differ from [those in] the laws and regulations should stress in the PP/CLA that the payment of the employee entitlements includes within it the elements that are specified in the laws and regulations. Termination of Employment (PHK) and Mutual Agreement Termination (MAT) GUIDELINES VI. REFERENCES 6.1. Law No. 22/2001 on Oil and Gas. 6.2. Law No. 13/2003 on Manpower. 6.3. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 6.4. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 6.5. Decree of the Minister of Manpower and Transmigration No. 48/2004 on 6.5 Cooperation Contract (KKS). 6.6 Procedure for &Production and Ratification of Company Regulations and Work Program Budget (WP&B) Production and Registrations of Collective Labor Agreements. 6.6. Cooperation Contract (KKS). 71 BK 1.indd Isi71 4/27/2007 9:02:14 AM
  • 84. Administrative Provision for Medical Board GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROVISIONS FOR S MEDICAL BOARD Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL In order to make decisions on policies related to medical matters, it is considered necessary to have expert opinions provided by a team from within the KKKS. It is hoped that such considerations will be more balanced and have a broader perspective. For this purpose, the Board is established to help in analyzing and making recommendations regarding various medical and health issues and problems. II. AIMS To provide unity of understanding in establishment and administrative practical works of the Medical Board so that it can function optimally. III. AUTHORITY BPMIGAS shall determine the structure, scope of duties, and responsibilities of the Medical Board. In exercising its functions, the Medical Board shall provide opinions and recommendations based on the views of its medical expertise and, if necessary, may request the opinions of other specialist doctors. IV. INSTRUCTIONS/IMPLEMENTATION The Medical Board shall be lead by a chairman and assisted by other personnel comprised of a Deputy Chairman, Secretary, and members. The structure of the board shall be determined by the Head of the External Division, with at least six members, each of whom has the right to express an opinion. 4.1. Functions of the Medical Board. 4.1.1. To provide recommendations and approval for sending patients abroad. 4.1.2. To provide assistance of opinions and considerations on determination of unsuitability of an employee to perform duties or hold a position, on the request of a KKKS. 4.1.3. To provide other considerations and opinions on medical matters on the request of the Head of the BPMIGAS Manpower Utilization & Industrial Relations Service. 4.1.4. The Board shall hold sessions on the request of the Head of the Manpower Utilization & Industrial Relations Service in accordance with the need or on its own initiative or after receiving a request from a KKKS, and sessions shall be attended by at least two thirds of the personnel. 4.2 Duties of the Medical Board. 4.2.1 Duties of the Chairman. x To determine direction and lead the board’s personnel in executing their functions. x To present recommendations to the Head of the Manpower Utilization & Industrial Relations Service. 72 BK 1.indd Isi72 4/27/2007 9:02:15 AM
  • 85. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROVISIONS FOR MEDICAL BOARD Promulgated on : 11-05-2005 Effective : 11-05-2005 4.2.2 Duties of the Deputy Chairman. x To attend sessions and put forward o pinions and proposals. x To serve as chairman when the chairman is unavoidably absent. 4.2.3 Duties of the Secretary. x To document and administer the board’s activities. x To prepare the sessions. x To serve also as a member. Administrative Provision for Medical Board GUIDELINES 4.2.4 Duties of the Members. x To attend the sessions. x To put forward opinions and proposals. V. REFERENCES 5.1. Law No. 23/1992 on Health. 5.2. Law No. 22/2001 on Oil and Gas. 5.3. Law No. 13/2003 on Manpower. 5.4. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 5.5. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 5.6. Regulation of the Manpower of Minister No. Per.03/Men/1982 on Employee Health Services. 5.7. Cooperation Contract (KKS). 5.8. Work Program & Budget (WP&B). 73 BK 1.indd Isi73 4/27/2007 9:02:15 AM
  • 86. Administrative Procedure for Approval of Medicine by Pharmacist GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR APPROVAL OF MEDICINE BY PHARMACIST Promulgated on : 11 -05-2005 I. Effective : 11-05-2005 GENERAL Purchases of medicine shall be made to fulfill the needs of medical treatment as implementation of an employee health and medical services program. Medicine is a commodity whose trade and distribution is specially regulated by the Government. II. AIMS To determine a medicine purchasing procedure that meets the principles of compliance with regulations and competitive prices to achieve cost efficiency. III. AUTHORITY 3.1. BPMIGAS shall determine the standards of medicines, appoint and coordinate with pharmacists, and share the pharmacists’ services proportionally with KKKS that utilize the pharmacists. 3.2. KKKS shall determine the medicines for their own needs with reference to the list of standard medicines, and plan and execute purchases of medicine. IV. REGULATION/LIMITS 4.1. Every medicine order must be approved by a Pharmacist registered with the Department of Health. 4.2. For those [KKKS] that do not have their own pharmacists, BPMIGAS will provide a pharmacist to be used jointly together with other KKKS. 4.3. Medicine Order documents shall be sent to BPMIGAS, Attn.: Service for Manpower Utilization and Industrial Relations, to examine the types with reference to the standards and prices for medicines. 4.4. BPMIGAS shall then send these files for approval from the pharmacist. 4.5. Medicine order files that have been approved shall be sent back to the KKKS. 4.6. BPMIGAS shall submit the cost chare information to each KKKS that uses the Pharmacist. 4.7. Purchases of medicines categorized as narcotics shall be processed and performed by the KKKS it self by using a doctor’s prescription directly at a pharmacy designated by the Company. V. REFERENCES 5.1. Law No. 23/1992 on Health. 5.2. Law No. 22/2001 on Oil and Gas. 74 BK 1.indd Isi74 4/27/2007 9:02:16 AM
  • 87. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR APPROVAL OF MEDICINE BY PHARMACIST A Promulgated on : 11 -05-2005 Effective : 11-05-2005 5.3. Law No. 13/2003 on Manpower. 5.4. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 5.5. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 5.6. Regulation of the Manpower of Minister No. Per.03/Men/1982 on Employee Health Services. 5.7. Cooperation Contract (KKS). 5.8. Work Program & Budget (WP & B). 5.9. Law No. 1/1970 on Work Safety. Administrative Procedure for Approval of Medicine by Pharmacist GUIDELINES 75 BK 1.indd Isi75 4/27/2007 9:02:16 AM
  • 88. Administrative Procedure for Referring Patients for Treatment Abroad GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR REFERRING PATIENTS FOR TREATMENT ABROAD Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL Referral for treatment abroad is one form of medical services in the effort to achieve the highest possible level of health for employees and their families. It is recognized that medical technology advances very rapidly, and that the best possible use should be made of this for the purposes of health care services for employees and their families. Gradually, doctors will follow and master this technology and develop it in Indonesia. II. AIMS To unify perceptions and endeavor to ensure optimal health care services by placing priority on the health care services available within the country. III. AUTHORITY 3.1. KKKS shall propose employees or their family members who are to be referred in line with what is stipulated in their respective Company Regulations/Collective Labor Agreements regarding health care services. 3.2. BPMIGAS shall approve or reject the proposal for referral after considering the thoughts presented by the team appointed for that purpose (Medical Board). IV. INSTRUCTIONS/IMPLEMENTATION Basically, the facility of health care abroad may be provided in line with the provisions of each respective KKKS as specified in its Company Regulations/Collective Labor Agreement. 4.1. Every time a patient is to be sent abroad, approval must be obtained from BPMIGAS. 4.2. The KKKS shall submit a request by sending an Assistance Requisition Sheet (ARS) to the Head of BPMIGAS’s Manpower Utilization & Industrial Relations Service, which will then request that the Medical Board meet in session. 4.3. The patient’s medical history and current status shall also be sent to the Head of the Manpower Utilization & Industrial Relations Service as material for the Board’s session. 4.4. The Medical Board shall prepare its recommendation. 4.5. Approval shall be granted by the Head of the Manpower Utilization & Industrial Relations Service by affixing his/her signature to the ARS form or by letter. 4.6. In an emergency situation that requires further treatment because an employee’s life is in danger, a KKKS may refer the patient abroad directly for reasons of saving the employee’s life and access to medical services without obtaining prior approval from BPMIGAS. In such a case, the KKKS must report this action within 2 x 24 hours. 76 BK 1.indd Isi76 4/27/2007 9:02:17 AM
  • 89. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR R REFERRING PATIENTS FOR S TREATMENT ABROAD Promulgated on : 11-05-2005 Effective : 11-05-2005 V. REFERENCES 5.1. Law No. 23/1992 on Health. 5.2. Law No. 22/2001 on Oil and Gas. 5.3. Law No. 13/2003 on Manpower. 5.4. Law No. 1/1970 on Work Safety. 5.5. Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 5.6. Government Regulation No. 35/2004 on Upstream Oil and Gas Business Activities. 5.7. Regulation of the Manpower of Minister No. Per.03/Men/1982 on Employee Health Services. 5.8. Cooperation Contract (KKS). 5.9. Work Program & Budget (WP&B). VI. ATTACHMENTS 6.1. Assistance Requisition Sheet (ARS). Attachment 1. Administrative Procedure for Referring Patients for Treatment Abroad GUIDELINES 77 BK 1.indd Isi77 4/27/2007 9:02:17 AM
  • 90. Administrative Procedure for Referring Patients for Treatment Abroad Attchment 1 GUIDELINES Attachment 1 ASSISTANCE REQUEST SHEET From : To : No. ARS/HPR/V/2004 Date : Details of Assistance Required : Bersama ini kami mengajukan permohonan untuk mengirim istri dari karyawan kami, Sdr/i ……(nama karyawan/I dan nama pasien)……… Adapun permohonan ini atas rekomendasi dari .....(nama dokter)…… untuk berobat ke rumah sakit .....(nama rumah sakit yang dituju)….. Perlu kami jelaskan bahwa pasien tersebut diatas di diagnosa menderita penyakit ……(diagnosa penyakit)………… sejak tahun …………….. dan telah dirawat beberapa kali di Rumah Sakit yang ada di Indonesia, tanpa ada tanda – tanda penyembuhan penyakitnya. Sehubungan dengan hal tersebut diatas, kami sangat mengharapkan persetujuan dari Bapak. Atas perhatiannya kami ucapkan terima kasih. Requested Signature Name Function Charge To : (Nama KKKS) : ………………… : ………………... : ………………... : ………………... To Be Completed by BPMIGAS Date of Completion or delivery Signature Name Function Charge To Special Remark : : ………………………….. : ………………………….. : ………………………….. : ………………………….. 78 BK 1.indd Isi78 4/27/2007 9:02:18 AM
  • 91. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR EMPLOYEE HEALTH EXAMINATIONS Promulgated on : 11-05-2005 I. Effective : 11-05-2005 GENERAL 1.1 Health examinations are one method to supervise the level of employees’ health in connection with their work environment, and are conducted to obtain and maintain personnel so that they have a high level of health and are protected from work hazards so that they do not endanger themselves, their colleagues, or the environment. 1.2 The results of health examinations reflect the implementation of the occupational health program in general. II. AIMS 2.1 To ensure that KKKS carry out health examination programs as a part of their Occupational Health Programs, the BPMIGAS functional unit that serves as supervisor and coordinator for work safety and health shall be as per the provisions specified in Government Regulation No. 42/2002. 2.2 As a facility to obtain and collect data on occupational health that can be used for evaluation, to formulate standards, and for improvements to program implementation. 2.3 Administrative Procedure for Employee Health Examinations GUIDELINES To monitor the general level of health throughout the KKKS as a whole. III. AUTHORITY 3.1 The KKKS shall formulate and establish a Health Examination Program including, among other matters, the schedule and types of examinations and the examiner personnel, in line with the available budget while still complying with the established regulations and guidelines. 3.2 BPMIGAS shall exercise supervision and request reports and data for the purposes of evaluation, formulation of standards, and determination of policy. IV. REGULATION/LIMITS 4.1 Prepare guidelines and work plan for the implementation of each type of Medical Examination which are reported to the Manpower Utilization & Industrial Relations Service of BPMIGAS. 4.2 Periodically submit Health Examination Activity Reports in accordance with the established formulas to the Manpower Utilization & Industrial Relations Service of BPMIGAS. 4.3 Conduct supervisions and guidance of the implementation of periodic health examinations in contractor companies by working with other related functions. 4.4 The forms and methods of reporting shall be determined separately and put in the form of technical guidelines for recording and reporting. 79 BK 1.indd Isi79 4/27/2007 9:02:19 AM
  • 92. Administrative Procedure for Employee Health Examinations GUIDELINES FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR EMPLOYEE HEALTH EXAMINATIONS Promulgated on : 11-05-2005 4.5 Effective : 11-05-2005 The procedure for Regular Examinations is as follows: 4.5.1 Health examinations for prospective employees. x x 4.5.2 Conducted on the request of the Human Resources Section. The decision on whether a prospective employee’s health meets or does not meet requirements is a recommendation for Management in determining whether to accept the candidate as an employee. Periodic health examinations. x x Results of examinations are recorded, summarized, and analyzed. x Examination covers physical examination, physical fitness, supplementary examinations, and other examinations considered necessary. x 4.5.3 Conducted at least once a year for all employees. If a case of work-related illness is discovered, a report must be sent to the local Manpower Service with a copy to BPMIGAS Manpower Utilization & Industrial Relations Service. Special periodic health examinations. x Target: Special periodic health examinations are for employees who: - - Have just experienced an accident or a near miss, or experienced an illness that was treated for more than two weeks. - Are over 40 years old, female employees, or disabled employees who work in certain work environments that are potentially detrimental to their health and safety. x Will work, are working, or have worked in special work environments that are potentially detrimental to their health and safety. File complaints or are suspected of suffering health problems in connection with their work. These health examinations may also be done as the result of observations by work safety and health officials or evaluation from the Occupational Health and Safety Development Center (Department of Manpower and Transmigration), or of general public opinion. 80 BK 1.indd Isi80 4/27/2007 9:02:19 AM
  • 93. FUNCTION : MANPOWER UTILIZATION & INDUSTRIAL RELATION SUBJECT : ADMINISTRATIVE PROCEDURE FOR EMPLOYEE HEALTH EXAMINATIONS Promulgated on : 11-05-2005 Effective : 11-05-2005 V. REFERENCES 5.1 Law No. 23/1992 on Health. 5.2 Law No. 22/2001 on Oil and Gas. 5.3 Law No. 13/2003 on Manpower. 5.4 Law No. 1/1970 on Work Safety. 5.5 Government Regulation No. 42/2002 on the Executive Agency for Upstream Oil and Gas Business Activities. 5.6 Regulation of the Manpower of Minister No. Per.03/Men/1982 on Employee Health Services. 5.7 Regulation of the Manpower of Minister No. Per.02/Men/1980 on Employee Health Examinations in the Conduct of Work Safety. 5.8 Cooperation Contract (KKS). 5.9. Work Program & Budget (WP&B). Administrative Procedure for Employee Health Examinations GUIDELINES 81 BK 1.indd Isi81 4/27/2007 9:02:20 AM
  • 94. BK 1.indd Isi82 4/27/2007 10:07:52 AM