Union
 
     
 
UNION
UNOFFICIAL TRANSLATION
THE DECREE OF MINISTER OF MANPOWER AND TRANSMIGRATION
REPUBLIC OF INDONESIA
NO. KEP.187/MEN/X/2004 YEAR 2004
CONCERNING
LABOUR UNION MEMBERSHIP FEE

MINISTER OF MANPOWER AND TRANSMIGRATION OF REPUBLIC OF INDONESIA,

Considering:

  1. That to motivate the development of function and role of labour union, financial support, which among other comes from membershp fee of labour union, is necessary;
  2. That to realize the fund from labour union membership fee aforesaid in letter a can be collected and used in effective and effisien way, it is necessary to stipulate the prosedural guidlines of fee collection, the use of it and fee distribution by Ministerial Decree.

In View of:

  1. Act No. 21 Year 2000 concerning Labour Union (Indonesia State Gazzete Year 2000 No. 131, Supplement to State Gazzete No.3989);
  2. Act No.13 Year 2003 concerning Manpower (Indonesia State Gazzete Year 2003 No. 39, Supplement to State Gazzete No. 4279);
  3. The Decree of President of Indonesia no. 228/M Year 2001 concerning Formation of “Gotong Royong” Cabinet.

Observing:

The review of The Secretariat Court of National Tripartite Cooperation Intitute on September 16, 2004;

DECIDE:

To Stipulate:

THE DECREE OF MINISTER OF MANPOWER AND TRANSMIGRATION OF REPUBLIC OF INDONESIA CONCERNING LABOUR UNION MEMBERSHIP FEE

Article 1

Under this Ministerial Decree, the following definitions shall apply:

  1. A worker/labourer are any person who works and receives wages or other forms of remuneration.
  2. A trade union/labour union is an organization that is formed from, by and for workers/labourers either within an enterprise or outside of an enterprise, which is free, open, independent, democratic, and responsible in order to strive for, defend and protect the rights and interests of the worker/ labourer and increase the welfare of the worker/ labourer and their families.
  3. Labour Union Federation is an association of trade/ labour unions.
  4. Labour Union Confederation is association of labour union federations .
  5. An entrepreneur is:
    1. An individual, a partnership or a legal entity that operates a self-owned enterprise;
    2. An individual, a partnership or a legal entity that independently operates a non-self-owned enterprise;
    3. An individual, a partnership or a legal entity located in Indonesia and representing an enterprise as mentioned under point a and point b that is domiciled outside the territory of Indonesia.
  6. Labour union membership fee is the fund collected from the wage of the members of respective labour unions monthly with the amount stipulated in statutes or regulation or organization rules.

Article 2

The finance of labour union, federation, and confederation of labour union come from the following sources:

  1. membership fee with the amount stipulated in statutes or regulations;
  2. legal effort, and
  3. support from memberse and another parties that is not binding

Article 3

  1. It is applicable to deduct wage for monthly payment of membership fee
  2. Wage deduction aforsaid in subsection (1) is implemented by entrepreneur.
  3. Labour union membership collection outside the company is conducted by the related labour union officials.

Article 4

  1. In condition that labour union decides to collect the membership fee through wage deduction, the union officials shall socialze the membership fee collection plan through wage deduction and its utilization for the union members.
  2. Labour union officials shall informed the plan of membership fee collection to the company’s management in writing by attaching:
    1. The list of labour union member;
    2. The list of labour union’s officials in the company and the ratification of labour union officials structure;
    3. Copy of labour union lisence from authorized intitution copy
    4. Authorization from the worker/ labourer;
    5. copy of labour union organization’s rule which regulates the collection and distribution of labour union membership fee.

Article 5

  1. The enterpreneur can collect the membership fee if only the employees give authotization to the enterpreneur to deduct their wage
  2. Fee collection aforesaid in subsection (1) is recorded in particular way by the enterpreneur.
  3. In condition that the member of labour union resigns from labour union membership, the employee shall make withdrawal of authorization from employee to the enterpreneur to deduct the wage.

Article 6

  1. The distribution of labour union membership fee in the company to the labour union officials is conducted by labour union based on the labour union organitation regulation.
  2. Labour union official outside the company is obliged to distribute labour union membership fee to organization official based on the organization rule.
  3. The distribution of membership fee is conducted via bank transfer and the cash is forbiden.
  4. For the effectiveness of labour union membership fee distribution, federation or confederation of labour unions can manage the amount of transfer of labour union membership fee.
  5. Labour union in the company can asked the enterpreneur for the evidence of transfer of membership fee

Article 7

The amount of fee, its use, and or fee distribution for the activities of labour union, federation of labout unions, and or confederation of labour unions are regulated in statutes and or regulation of related labour union, related federation and or confederation of labour unions.

Article 8

  1. If the collection and distribution of labour union membership fee is not regulated in statutes or regulation, it shall be regulated in organization rule of labour union.
  2. The making of organization regulation of labour union aforesaid in subsection (1) is stipulated as follow:
    1. If labour union does not join in federation of labour unions nor in confederation of labour unions, the organization regulation shall be made by related labour union officials.
    2. If labour union joins in federation of labour unions, the organization rule shall be made by the officials of federation of labour unions
    3. If labour union joins in confederation of labour unions, the organization rule shall be made by the officials of confederation of labour unions

Article 9

This decree comes into effect, starting from the date of its promulgation.

Stipulated in Jakarta,
On October 4, 2004
MINISTER OF MANPOWER AND TRANSMIGRATION OF
REPUBLIC OF INDONESIA
JACOB NUWA WEA
 
     
 
 
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