OVERVIEW MANPOWER LAW IN INDONESIA
Indonesia’s Manpower Laws are quite different from the other countries. Engaging employees, employee entitlements, termination and outsourcing are all arguably more complex. Moreover, the sources of Manpower Laws in Indonesia are widely dispersed among national laws and regulations, presidential decrees and ministerial decrees.
Therefore, in 2013 Indonesia Government issued Law No. 13 of 2003 concerning Manpower (“Manpower Law”) to guide all stakeholders (employers and employees) to create harmonious, dynamic and fair industrial relations, where companies/business can grow and develop sustainably, and the welfare of workers and their families can be continually improved.
Besides the Manpower Law, Indonesia Government issuing Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes, also known by the acronym PHI (Pengadilan Hubungan Industrial) (“Dispute Law”). Dispute Law intended to keep any employment disputes between employer and employee resolved in orderly and peaceful manner, however in recent years employment disputes taking a frustration and spend a lot of time in the process such as (i) bipartite negotiations, (ii) non-binding mediation with the Ministry of Manpower (or, Manpower Agencies) and (iii) Industrial Court.
Therefore, we, BP Lawyers Counselors at Law (“BP Lawyers”) existed to help you resolve your employment issues with proprietary and in accordance with applicable Manpower regulations.
With recognition of entrepreneurial spirit, and high standards of service and ethics, we have been very successful in providing timely and cost-effective representation of our clients. We also believe that complicated legal issues may not always demand complicated solutions, but they certainly demand creativity and the cooperation of lawyers mastering different areas of the law.
Based on the above principles, we are confident to declare that member of BP Lawyers are trained and experienced lawyers in Manpower areas to delivery legal services at the appropriate standard with innovative and creative solutions for legal issues faced by our clients.
Based on the above principles, we are confident to declare that member of BP Lawyers are trained and experienced lawyers to deliver legal services at the appropriate with innovative and creative solutions for Manpower issues faced by our clients.
INVOLVEMENT IN THE LABORS SECTOR
BP Lawyers has longstanding experience and expertise in all aspect of the Labor sector. We have been retained by numerous multinational and domestic companies to assist in various stages of their Manpower Disputes, such as:
- PT Telekomunikasi Seluler (Telkomsel);
- PT Coca Cola Bottling Indonesia (Coca Cola);
- PT Lativi Mediakarya (tvOne);
- PT Mulia Knitting Factory;
- The Sultan Hotel Jakarta (PT Indobuildco);
- PT Agranet Multicitra Siberkom (Detik.com);
- PT Tamura Air Conditioning Indonesia;
- PT Dok & Perkapalan Bahari (Persero);
- Grameen Foundation;
- PT Jaya Readymix;
- Subsidiaries of Dynapack Indonesia; and
- Subsidiaries of VFS Global.
RECENT EXPERIENCE IN THE ARBITRATION AND COMMERCIAL DISPUTES
- Assisting Clients in the mediation the employees regarding termination of employment;
- Assisting Clients in the Tripartite negotiation with the employees and Manpower & Transmigration Agency regarding Termination of Employment Agreement;
- Preparing Legal Opinion to Clients pertaining to new regulations issued by the relevant Department or other Labor issues;
- Preparing Company Regulations and Collective Labor Agreement;
- Representing PMA/national companies in termination of employment before Industrial Court.
SCOPE OF LEGAL SERVICES
Our scopes of legal services relating to legal works are as follows (“Legal Works“):
- Reviewing, inventory & collection legal documents;
- Advising and assisting the Client in negotiation with the Employees;
- Liaising the Client on appearing before relevant governmental authority regarding Industrial Disputes (not Including represent Client before Industrial Court or any Lawsuit);
- Reviewing Company Regulation which made by the Client;
- Reviewing company documents related to employment arrangement (Employment Contract).
We understand that the legal fee should fit the case and it should fit the Client, therefore to mitigate the expenses unexpectedly we offering the Client with various types of legal fees and considering the client goals, their internal budgeting, and the client’s financial resources.
1. Retainer Arrangement (Monthly Fee)
We are “on call” 24/7 for our Client. This fee structure allows clients to plan their budgets wisely, and allows them to reach out anytime to get real-time answers, work through problems, or just to help brainstorm without fear of a billing-clock running. There is no risk of going over budget, and it encourages clients to reach out to us on potential problems before they could become big problems.
2. Lump-sum Basis (One-time)
Lump-sum Basis, also known as Flat Fee. This fee option is good for a particular, single transaction or an isolated issue whereby BP Lawyers agrees to handle a matter or group of matters for a sum certain for the total matter, or for a certain amount.
Clients who seek budgeting certainty often find fixed fee arrangements useful.
3. Hourly Fee
For clients who are comfortable with the traditional billing model or are unsure as to the scope of the engagement, we will agree ahead of time on affordable hourly rates for our member.
SATISFACTION OF FEE STRUCTURES:
- Promise an honest and frank assessment of Client case;
- Set expectations with Client up front (what Client expect and the likelihood of achieving it);
- Define the scope of our services; and
- Determine what features or services are important to our Client.