Summary of "Ketenagakerjaan dan Cara Bekerja Ke Luar Negeri || Materi BK Kelas 12 Semester 2"

Main Ideas & Lessons (BK Class 12 Semester 2: Employment & Working Abroad)

1) Employment Relationship (Hubungan Kerja)

An employment relationship is the relationship between:

It is based on an employment agreement and includes:

Three elements that must be fulfilled:

2) Employment Agreement (Perjanjian Kerja)

An employment agreement is an agreement between workers/laborers and employers that contains:

It can be made in writing or verbally, but any agreement that must be in writing must follow the relevant laws/regulations.

3) Function, Purpose, and Benefits of the Employment Agreement

Function

Purpose

  1. Provide certainty that an employment relationship exists.
  2. Clarify the status, including:
    • type of work
    • working hours/methods
    • rights and obligations of workers and employers

Benefits

  1. Ensures/affirms employment and business workforce
  2. Increases company productivity
  3. Improves worker/laborer welfare and their families

4) Requirements for Making an Employment Agreement

A valid employment agreement must be based on:

  1. Agreement of both parties (no coercion)
  2. Parties have the ability/skill to perform legal acts (adults)
  3. The existence of agreed work
  4. The agreed work must not conflict with:
    • public order
    • morality
    • applicable laws/regulations

If these requirements are not met, the agreement can be:

5) Content/Material That Must Be Included in a Work Agreement

The agreement should include:

  1. Company name, address, and type of business
  2. Worker identity (name, gender, age, and address)
  3. Position/type of work
  4. Place of work
  5. Wages amount and payment method
  6. Work terms containing:
    • employer rights/obligations
    • worker rights/obligations
  7. Start and validity period of the agreement
  8. Place and date of signing
  9. Signatures of both parties

6) Rights and Obligations of Workers/Employees

Rights (grouped into four)

  1. Certainty of status
    • clear status, type of work, working hours, working methods
  2. Work benefits
    • salary/wages, allowances, decent facilities
  3. Guarantees
    • decent living (human life)
    • occupational health and safety (K3)
    • accident protection
  4. Fair treatment
    • fair, respectful, appreciative, humane treatment

Obligations (general duties)

  1. Do work as best as possible according to abilities
  2. Obey work rules/regulations and maintain good work habits
  3. Be honest and polite, maintain:
    • work honor
    • work safety/security
    • work order

7) Wages and Social Assistance (PP No. 8 of 1981)

Definition of Wages

Basic Wage Components

  1. Basic wages
    • base compensation based on level/type of work (by agreement)

  2. Fixed allowances

    • regular payments tied to conditions given regularly
    • paid in the same payment unit/time as basic wages Examples: wife allowance, child allowance, maternity allowance, etc.

  3. Non-fixed allowances

    • payments given directly/indirectly but irregularly
    • paid in a different time unit than basic wages

Non-wage Income

  1. Facilities
    • tangible benefits from the company (e.g., vehicle/shuttle, free food, places of worship, childcare, cooperatives, canteens)
  2. Bonuses
    • not wages; profit- or performance-based (exceeding normal targets/increased productivity)
  3. THR (holiday allowance)
    • not wages; discretionary company payment based on established rules

8) Termination of Employment (PHK)

Meaning

PHK is the termination of employment due to a certain matter that ends rights and obligations.

Basic Principles Regarding PHK

  1. Employers, workers, and government must try to prevent PHK.
  2. If prevention fails, termination intent must be negotiated:
    • employer with labor union
    • or employer with the worker if the worker is not in a labor union
  3. If negotiations fail, the employer may terminate only after a decision from the industrial relations dispute resolution institution.
  4. The employer must submit a written application with clear reasons.
  5. The institution can accept the application if the employer has made efforts to stop PHK and maximum negotiations have been held.

Procedure for Resolving PHK Disputes

  1. Bipartite settlement (employer with union/worker)
  2. Settlement through a mediator
  3. Settlement via Regional P4
  4. Settlement via Central P4

Technical Provisions: Situations Where PHK Is Prohibited (Examples)

Employers are prohibited from carrying out PHK in cases such as:

  1. Worker is unable to work due to illness with a doctor’s statement for up to 12 consecutive months
  2. Worker is unable due to obligations to the state under applicable laws
  3. Worker is carrying out religious worship commands
  4. Worker is married
  5. Pregnant worker gives birth (including miscarriage) and is breastfeeding
  6. Worker has blood/marital ties with another worker in the company (unless regulated in agreement/rules)
  7. Worker resigns from being a union member/administrator
  8. Worker carries out union activities outside working hours or with agreement during working hours (per rules/agreements)
  9. Worker reports the employer to authorities due to the employer committing a crime
  10. Differences based on religious/political beliefs, ethnicity, skin color, gender, physical conditions, marital status
  11. Worker is permanently ill due to a work accident or work-related illness where recovery time cannot be determined

PHK Does Not Require Permission in Certain Cases

Severance and Compensation

When PHK occurs, the employer must pay:

9) Basis for Calculating Overtime Wages (and Related Pay Calculations)

The wage components mentioned are used for calculating PHK-related payments:

  1. Use wage components to calculate:
    • severance pay
    • service award
    • compensation money owed to the worker
  2. If income is daily:
    • monthly income = 30 × daily income
  3. If income is piecework/commission/unit-based:
    • daily income = average daily income over the last 12 months
    • must not be lower than the minimum wage provisions
  4. For wages based on piecework due to work depending on weather:
    • monthly wages calculated from the average over the last 12 months

10) How to Work Abroad (Procedural Steps)

A) Steps to Work Abroad

  1. Find job vacancy information
    • from the district/city labor office
    • from Indonesian labor service companies and PPTKIS (appointed by the government for recruitment/sending workers abroad)
      • PPTKIS can be found in every province
    • from BP3TKI (Indonesian Migrant Worker Placement and Protection Service Center) in the provincial capital
  2. Register to become a TKI (Indonesian worker abroad)
    • at district/city labor office or at PPTKIS
  3. Selection process after registration
    • administrative selection: validity and completeness of documents
    • skills test: according to each candidate’s special skills
    • health test: by a designated doctor
    • training: to match skills needed by overseas users/employers
  4. Before being sent, candidates undergo training including:
    • special skills needed by destination demand
    • destination country language
    • laws and customs in the destination country
    • training period (stated as 23.19 days in the subtitles)
    • type of work and destination country information
    • information on Indonesian government policy on sending migrant workers
  5. Work agreement before departure
    • a binding agreement between prospective Indonesian migrant workers and PPTKIS representing the user before authorized officials
    • must include:
      • type of work, location, and position
      • rights/obligations including salary, allowances, and other rights
      • departure time
      • agreement period
      • agreement is always extended (as stated)
  6. Dispute-related mention
    • “South Kalimantan regarding disputes” is referenced in the subtitles (context unclear)
  7. Departure preparation (documents/requirements)
    • passport
    • visa
    • ticket recommendation
    • fiscal free (as written)
    • insurance for protection against accidents/illness/death
    • savings for saving and sending money to Indonesia
  8. Depart to the destination country
    • PPTKIS sends prospective workers according to the signed work agreement
  9. Working in the destination country
    • TKI works at the employer/user’s place according to the work agreement
  10. Preparing return to Indonesia (end of contract period)
    • TKI handles return-related matters
    • PPTKIS ensures rights are obtained and employer obligations are fulfilled
    • coordination includes: Indonesian Embassy, PPTKIS/“per waluk”, business partners, and the user/employer
  11. Arrival in Indonesia
    • TKIs return with their savings
    • can become entrepreneurs, work as staff, and open new job opportunities in Indonesia

B) Advantages of Working Abroad (As Listed)

  1. Mastering a foreign language
    • communicating with locals helps gradually improve language proficiency
  2. Saving salary/money
    • some countries treat foreign workers similarly to citizens for certain costs (rent/food/vacation)
    • possible to save when working part-time
  3. Working with free vacation time
    • weekends/free time can enable cheaper vacations
  4. Carrying out Allah’s command
    • traveling to learn lessons/history/wisdom from people who rejected Allah (as described)
    • learning character and culture across countries
  5. Building a wide network
    • interacting with people of different cultures increases connections
  6. Understanding other countries’ culture
    • a new environment broadens perspective, increases openness, and helps accept differences

Speakers / Sources Featured (As Mentioned in the Subtitles)

Category ?

Educational

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