A New Regulation! Violating These Manpower Norms, Business Actors Can Be Proceeded Directly to the Court
In the previous regulation, the implementation of manpower supervision for all manpower norms was carried out in stages. Judicial Repressive action is the last resort.
Manpower is an important thing that must be considered by employers. To avoid loss and as a form of legal compliance, employers have to comply with all aspects of employment to avoid Manpower conflict. To supervise legal compliance in manpower, the Government has the authority to conduct manpower supervision. The Government has big participation in manpower supervision, regulated in Regulation of Minister of Manpower Number 1 of 2020 on Amendment to Regulation of Minister of Number 33 of 2016 on Procedures of Manpower Supervision (“Permenaker 1/2020”). One of the amendments to this regulation is regarding the implementation of manpower supervision for violations that can be directly carried out by force in the court.
This is regulated in Article 9B Permenaker 1/2020 which states violations of certain manpower norms, judicial repressive action can be carried out directly. This judicial repressive action is carried out without going through the educative preventive implementation stage and the non-judicial repressive stage. Judicial repressive action is a coercive measure through the court by carrying out an investigation process by the manpower inspector as a manpower civil servant.
Violations of certain manpower norms include:
- Work accidents resulting in death, partial disability, or permanent local disability;
- Violations of manpower norms that cause casualties;
- Violations of child manpower norms by employing children not by statutory provisions;
- Violations of the Foreign Workers norms in the case of no permit;
- Other violations of manpower norms as referred to in the letters a to d did repeatedly; or
- Committing an offense in the field of Manpower which is of public concern.
When judicial repressive action is taken, the Manpower Inspector will order the Employer/ Management to:
- Ensure workers’ rights are fulfilled;
- Discontinuing child manpower and/or transferring child manpower to decent work as in statutory provisions; and/or
- Discharged foreign workers from work locations and pay compensation funds and other obligations as in statutory provisions and the Manpower Inspector provides recommendations for immigration action.
It should be noted that Manpower Supervision is the activity of supervising and enforcing the implementation of provisions in the field of manpower. Manpower Supervision is an effort to enforce the laws regarding Manpower. This includes planning, implementation, and reporting.
The Manpower Inspector can carry out the supervision of the Company or Workplace outside the work plan that has been prepared. Implementation outside the work plan is based on complaints from Workers/Employees, Employers, trade unions/labour unions, Employer associations or public complaints. Manpower Supervision is carried out through several stages, namely:
- Educative preventive stage, includes the action of Guiding the Manpower Norms to prevent violations of the Manpower Norms.
- The non-judicial repressive stage includes coercive measures outside the judiciary against Manpower Norms that are not fulfilled in accordance with the statutory provisions in the field of Manpower.
- Judicial repressive stages include coercive measures through the judiciary against Manpower Norms that are not fulfilled after non-judicial repressive measures are taken. Except for the six points mentioned earlier.
Author: Muhammad Toha Hasan/ Frederik Yu