Kepmen 101   2004 outsourcing company (english)
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Kepmen 101 2004 outsourcing company (english)

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Peraturan mengenai Outsourcing dalam bahasa Inggris, berguna untuk menjelaskan kepada atasan expatriate (orang asing).

Peraturan mengenai Outsourcing dalam bahasa Inggris, berguna untuk menjelaskan kepada atasan expatriate (orang asing).

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  • 1. MINISTER OF MANPOWER AND TRANSMIGRATION REPUBLIC OF INDONESIA DECREEOF THE MINISTER OF MANPOWER AND TRANSMIGRATIONOF THE REPUBLIC OF INDONESIA NUMBER: KEP. 101/MEN/VI/2004 REGARDING THE PROCEDURES FOR ACQUIRING A PERMIT FOR A WORKER / LABOR SUPPLIER COMPANYTHE MINISTER OF MANPOWER AND TRANSMIGRATIONOF THE REPUBLIC OF INDONESIAConsidering: a. As the implementation of Article 66 paragraph (3) of Act Number 13 Year 2003 on Manpower, it is necessary to stipulate procedures for acquiring a permit for a worker/labor supplier company; b. That for said purpose, it needs to be promulgated a Ministerial Decree.In view of: 1. Act Number 3 Year 1951 regarding the Validation of the Labor Supervision Act Number 23 Year 1948 of the Republic of Indonesia throughout the whole territory of Indonesia (The Republic of Indonesia State Gazette Year 1951 Number 4); 2. Act Number 13 Year 2003 on Manpower (The Republic of Indonesia State Gazette Year 2003 Number 39, the Republic of Indonesia State Gazette Amendment Number 4279); 3. Decree of the President of the Republic of Indonesia Number 228/M Year 2001 on the establishment of the Gotong Royong CabinetObserving: 1. Principal Thoughts of the National Tripartite Cooperation Body dated April 20th 2004
  • 2. 2. Agreement reached at the Plenary Meeting of the National Tripartite Cooperation Body dated April 23rd 2004 DECIDES : THE DECREE OF THE MINISTER OF MANPOWER AND TRANSMIGRATION REGARDING THE PROCEDURES FOR ACQUIRING A PERMIT FOR A WORKER/LABOR SUPPLIER COMPANY Article 1In this Ministerial Decree, the meaning of:1 Worker is everyone who is working with receiving money or compensation in other forms.2 Entrepreneur is: a. individual person, a federation, or a corporate body, who operate a company owned by themselves. b. An individual person, a federation, or a corporate body, who independently operate a company, which is not theirs. c. An individual person, a federation, or a corporate body in Indonesia who represent a company as meant in letters a and b located outside the region of Indonesia3 Company is: a. All business types with corporate body or not, owned by an individual person, a federation, or a corporate body, both owned by private or owned by government which employ the worker/ laborer with paying wages or compensation in other forms. b. Social businesses and other businesses, which have executives and employ other people with paying wages or compensation in other forms.4 Labor / worker supplier company is a cooperation body that in its business activity provides labor / worker to perform work for a work provider company5 Minister is the Minister of Manpower and Transmigration. Article 21 To become a worker/labor supplier company, the company is under obligation to acquire an operational permit from the authorized manpower institution in district/ city relevant to the location of the worker/labor supplier company.2 To acquire operational permit the worker/labor supplier company shall submit a proposal by attaching the following evidences: a. Copy of ratification of the company as a cooperation body in form of limited enterprise or cooperative b. Copy of article of association in which include business activity of labor/worker supplier c. Copy of business license (SIUP) d. Copy of valid compulsory report on manpower3 The authorized manpower institution as meant in paragraph (1) shall have issued operational permit for the proposal that has fulfilled the requirements as meant in paragraph (2) within
  • 3. 30 (thirty) working days at the longest from the time the proposal is received. Article 3The operational permit as meant in Article 2 is valid throughout Indonesia for 5 years period andcan be renewed for the same period of time.Article 4In the case the labor / worker supplier company accepts the work from a work provider companyboth parties are under obligation to make a written agreement which at minimum consists of:a. Type of work that will be executed by labor / worker of the labor / worker supplier company;b. Statement that in executing the work as meant in letter a, the working relation made is between the labor / worker supplier company and labor / worker who is employed by the labor / worker supplier company, therefore the protection on wage and welfare, working conditions, and the dispute occurred become the responsibility of the labor / worker supplier company;c. Statement that the labor / worker supplier company will accept labor / worker from the previous labor / worker supplier company for type of work that is continuously available in work provider company in the case of change of labor / worker supplier company Article 51 The agreement as meant in Article 4 shall be registered to the authorized manpower institution in the district / city where the labor / worker supplier company performs the work.2 In the case labor / worker supplier company performs the work for a work provider company in more than one district / city within one province, therefore the registration is executed at provincial authorized manpower institution.3 In the case labor / worker supplier company performs the work for a work provider company in more than one province, therefore the registration is executed at Directorate General of Industrial Relation Development.4 The registration of agreement as meant in paragraph (1), paragraph (2) and paragraph (3) shall be enclosing draft of work agreement Article 61 In executing registration as meant in Article 4 the official of authorized manpower institution conducts evaluation on that agreement.2 In the case the agreement as meant in paragraph (1) has fulfilled the requirements as meant in Article 4, therefore the official of authorized manpower institution issues registration evidence.3 In the case there is condition which does not comply with the requirements in Article 4, therefore the official of authorized manpower institution write a note on registration
  • 4. evidence stated that the particular agreement does not comply with the requirements in Article 4. Article 71 In the case the labor / worker supplier company does not register labor / worker supplier agreement, therefore the official of authorized manpower institution as meant in Article 2 cancels the operational permit of the respective labor / worker supplier company after receiving recommendation from the authorized manpower institution as meant in Article 5.2 In the case the operational permit is canceled, the rights of labor / worker remain the responsibility of the respective labor / worker supplier company. Article 8This Decree of the Minister shall come into force on the day of its stipulation. Stipulated in Jakarta On 21 June 2004 Minister of Manpower and Transmigration of the Republic of Indonesia Jacob Nuwa Wea