KULTUM: Perjanjian Kerja Bersama (PKB)

Introduction

This tutorial provides a comprehensive guide on creating a Perjanjian Kerja Bersama (PKB) or Collective Labor Agreement in Indonesia. Understanding PKB is essential for both employers and workers, as it outlines mutual rights and obligations, ensuring a harmonious working environment. This guide will help you navigate the key aspects of formulating a PKB based on the principles discussed in the KULTUM series by Kus&Co. Law Office.

Step 1: Understand the Basis of PKB

• PKB is established through negotiations between employers and labor unions representing at least 50% of the workforce.
• These negotiations should be conducted in good faith and with the aim of reaching a mutual agreement.

Step 2: Prepare for Negotiation

• Gather necessary documents and information regarding current employment conditions and existing contracts.
• Involve all relevant stakeholders, including representatives from the labor union and management.
• Set clear objectives for the negotiation process, focusing on desired outcomes for both parties.

Step 3: Conduct the Negotiation

Engage in a collaborative discussion to address key topics, including

• Rights and obligations of employers and employees.
• Working conditions, wages, and benefits.
• Aim to reach consensus on all issues before drafting the agreement.

Step 4: Draft the PKB

• Ensure the PKB is written in Bahasa Indonesia.

Include the following essential elements

• Rights and obligations of each party (employer, labor union, and employees).
• Duration of the agreement and the effective date.
• Signatures of all parties involved in the agreement.
• Verify that the content of the PKB complies with existing laws and regulations.

Step 5: Review and Finalize the PKB

• Conduct a thorough review of the draft PKB to ensure clarity and comprehensiveness.
• Consider involving legal counsel to assess compliance with labor laws and to safeguard the interests of all parties.
• Make necessary adjustments based on feedback from stakeholders.

Step 6: Sign and Implement the PKB

• Arrange for all parties to formally sign the PKB.
• Distribute copies of the signed agreement to all stakeholders for transparency.
• Ensure that all parties are informed about the contents of the PKB and its implications.

Conclusion

Creating a Perjanjian Kerja Bersama is a critical step towards fostering a positive and legally compliant work environment. By following this structured approach, employers and employees can establish clear expectations and responsibilities, promoting workplace harmony. If you need assistance with the legalities of establishing a PKB or other legal matters, consider consulting a legal expert.