The Execution of the Collective Labour Agreement between the

Labour Union and the Management of "X" Hospital

Sumarjoko and M. Hadi Subhan

Department of Law Science and Development, Postgraduate School of Universitas Airlangga

Key words: Cooperative Agreement, Union Worker, Labour.

Abstract: The research was about the implementation of the collective labor agreement between the labour union and

management "X" Hospital. The research was conducted in “X” Hospital in Surabaya. The research method

used was the juridical empirical which observes the work of law in the society. The type of research used in

this study is a type of research that is descriptive in nature, namely research which is a problem-solving

procedure that is investigated by describing or describing the state of the subject or object at the present

time based on the facts that appear. The data used is primary data, namely data obtained directly from the

field, as well as secondary data in the form of data from books, literature, regulations and others. Data

analysis used is qualitative analysis. The data used were primary, which collected directly by conducting

interviews. The focus of this paper is how to implement work agreements at "X" Hospital in Surabaya and

what factors hinder the implementation of the work agreement at "X" Hospital in Surabaya. The purpose of

the study was to find out how to implement work agreements at "X" Hospital in Surabaya and to find out

the factors that hinder the birth of the implementation of work agreements at "X" Hospital in Surabaya.

1 INTRODUCTION

In general, there are five major problems that comes

from unsatisfied policies, they are: a) the waging; b)

social guarantee; c) inappropriate job description; d)

inappropriate job potency; e) personal problems. The

problems above are divided into two categories

which are right conflicts (rechtsgeschillen) and duty

conflicts (belangen-geschillen). Right conflict is a

clash which caused by one of parties could not fulfil

the contract of PKB, labouring agreement, manager

regulation or violation of law. As we know, the

regulation used by labour association is law number

3 of 2014 about employment. From the law, we

could mention the principles, purposes, and

character of it. The principles are stated in article 3,

it states that the principle of employment must

follow Uniting principle through crossed

coordination between centre and local government.

The principle is already in line with national

development principle especially for democracy,

justice, and equity principle. The facultative

character means that it is able to be an optional. In

its implementation, law number 13 of 2013 could

not be directly published. It still needs more detail of

relation between labour and company. One of result

is the implementation of Collective Labour

Agreement (PKB). It is an agreement that consist of

details about the job description among company

and labour association. The purposes of PKB is to

control the working requirements, the duties, and

rights of both parties. Moreover, PKB is the major

agreement tend to be followed as fundamental

policies in job description making. Because of the

normative law, in its implementation, PT Affinity

Health Indonesia decides to establish the agreement

with labour association.

2 RESEARCH METHOD

This study is one of Law study, it is a study based on

analysis of state law documents whether it is

primary or secondary law materials. In one hand, the

approach used in this study is statue approach and

conceptual approach. The statue approach is to

overcame the problem by analysing the law and

regulations which connected to the issue of the

study. Meanwhile, conceptual approach uses

doctrine perspective of the development of law, the

issue of this study is the collective about agreement

Sumarjoko, . and Subhan, M.

The Execution of the Collective Labour Agreement between the Labour Union and the Management of "X" Hospital.

DOI: 10.5220/0007550807530757

In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 753-757

ISBN: 978-989-758-348-3

753

which is controlled by law of employment. At last,

conceptual approach is used to evaluate law concept

in accordance with employment regulation.

3 RESULT AND DISCUSSION

3.1 Definition, Principles, and

Requirement of Legal Agreement

The agreement is stated in article 1313 of The Civil

Law which sates: “an agreement is an act of single

person or more who are bounded towards another

people”. This policy is not strong enough as there is

detail need to be revised. The weaknesses are: first,

it does concern on one sector, it is depicted in the

word “Bounded theirself”, this verb phrase means

single perspective from single sector and it does not

come from both parties of agreement. It must be

replaced by “bounded each other” as it represents

consciousness of both sides. Second, the word “act”

has no consciousness, from its definition, “act” also

has meaning as organizers of interest

(zaakwaarneming), or an act of breaking the law

(onrechmatige daad). It must be replaced with its

former meaning, an agreement.

Thirdly, the term agreement is too general, it

could cover the wedding agreement in system of

law. But, the agreement here has specific relation

between debtor and creditor about their financial

status. The agreement stated in book of III KUH

Perdata limits its agreement on commodities only, it

does not talk about personal character. Fourth, the

law does not mention the purposes of agreement that

makes people bounded by agreement do not have

exact idea of their agreement.

The principles of agreement support the state as

pillars of the policies and laws to create harmony,

balance, and to prevent the complex norms to

dominate over another. The law principles also

become a measure point to guarantee the law

empowerment among societies. Theoretically, there

are five principles agreement law based on civil law.

The principles are freedom of contract,

concsencualism, pacta sun servanda, good faith, and

personality principles.

As for the sake of the validity of the agreement,

even though the law of the treaty embraces an open

system, people are free to enter into an agreement.

They are not to be bound by existing provisions, but

the conditions of validity of treaties required by law

must be fulfilled in order to enter into impeccable

agreement. Regarding the validity of an agreement is

generally regulated in Article 1320 Civil Code,

namely: First, agree those who commit themselves.

Second, the ability to take an engagement. Third, a

certain thing. Fourth, a lawful cause.

3.2 Aspects and Requirement of Legal

Agreement

In collective agreement, there are some aspects that

need to be completed. First, there must be work

aspect. In collective agreement, work aspect should

be mentioned as major object of the agreement, the

job should be done by its own workers, the duties

could not be replaced with other person without

permission from company. This is supported by civil

KUH article 30a, it states “labour must finish their

own job, they could ask help from third parties

within permission of company”. Secondly, it is the

instruction aspect, the job manifestation is depicted

in the instruction given by the companies to the

labours, they must obey to the instruction as their

job description. This aspect differs one job to

another such as doctors and their patient, lawyer and

their client.

Meanwhile, concerning with requirement for

legal agreement, there are several requirements that

must be fulfilled for them as states in article 1320

civil KUH. This policy is also stated in article 52 act

1 law number 13 of 2003 which states that the

agreement is established within four principles as

follow:

 Agreement from both sides

 The ability to commence act of law

 Job description

 The job must not against norms, decency, and

others that stated in current laws.

3.3 Collective Labour Agreement

The agreement is mentioned in law number 13 of

2003 as Perjanjian Kerja Bersama (PKB), it is

known as collective labour agreement in English

(CLA) and Collective Arbeids Overemskomst in

Netherlands (CLO). In Indonesia, this agreement is

known as part of civil KUH. Meanwhile, according

to Lotmar, Tarifvertrage, it is an agreement between

an individual or a group entrepreneur and group of

labour which concern in minimum wage for future

job that will be part of their agreement.

According to article 1 number 12 law number 13

of 2003 jo article 1 number 2 decision of ministry of

employment and transmigration number KEP-

48/MEN/IV/2004, PKB is an agreement is result of

conference between worker association/labour

association which is registered in state record in

ICPS 2018 - 2nd International Conference Postgraduate School

754

department of employment and transmigration, or a

group of companies who commence requirement of

job, duty, and right of both sides.

From the definitions above, there are similarities

that either the labour agreement or the Collective

Labour Agreement is intended to regulate the

relationship between the two parties in conducting

labour relations between workers / employers and

employers / entrepreneurs. Similarly, it is also

intended as a basic reference or as a parent in

making employment agreements. However, it can be

seen that the understanding of PKB in Law No. 13

of 2003 has a broader understanding.

3.4 The Role and Function of Labour

Within Collective Labour

Agreement

In accordance with the role of labour association in

“X” Hospital, the role is controlled in law number

13 of 2003 article 116 act 2. From the law, we could

conclude that the role of law association in “X”

Hospital is to establish, form, and sign the collective

labour agreement with management team of “X”

Hospital. The agreement must be established by

conference within mutual cooperation of both sides.

The labour association in “X” Hospital, started in

2008, had commenced five collective labour

agreement, the first PKB is signed on June 2016.

The first agreement was not used in long time. there

was a revision and addition of its materials. Thus,

the new agreement was established and it survived

until June 2018.

The establishment of labour association is to

provide protection, right and duties empowerment,

and improve the prosperous life of the labours and

their families. Within the purposes, the role and

function of labour association will be as follow:

 the side who commit in collective labour

agreement and problem between labour and

company

 as representation of labours in state employment

council or any similar state institution.

 as mediator to create industrial relation which is

harmony, dynamic, and equitable based on

current regulation of state

 as aspiration mediator of its members

 as the one who plan, execute, and responsible for

mass employee strike based on current laws.

There is a slight different about minimum wage

stated i PKB and concept of Law about

employement. Law number 13 of 2013 in chapter X

second section, the concept of law is using the term

Wage while PKB uses the term of Salary. It will

result in different interpretation, the labours will be

known as subject if the term used was salary.

Whether the labour is already permanent or on

training, the agreement that they made with “X”

Hospital is still affected and the same to all labours.

The character of PKB is general for employment

department, there is specific points which company

give instructions for the decision made by

management team of “X” Hospital before the

agreement is reached from both parties.

Conference and discussion in bipartite forum will

be applied if there is any clash or conflict occurred

in their environment. If the bipartite forum could not

finish the clash between both parties, the case will

be handles into employment and transmigration state

council.

Moreover, if the result they got from council

does not meet their expectation of both sides, the

case will follow current laws. The procedures above

are also applicable for different interpretation case

between PKB and current regulation. In the other

hand, “X” Hospital will be the one who responsible

for employee requirement which requires high skills,

specific criteria, the recruitment process and

policies. The PKB agreement only concern in

waging policies, Occupational Health Safety, and

social guarantee for labours.

3.5 Subduing Collective Labour

Agreement Obstacles

The efforts to handle with PKB obstacles have been

established by company and labour association as

follow:

a. The representation of the role commenced by the

Labour Association in accordance with problems

arising of the existence of management decisions

that affect the employee's welfare within

coordination and clarification. From the results

of coordination, the result gives positive steps

taken by the Union in performing its functions

and roles. Then, the Union of Workers and

Management sit together to coordinate and

conduct joint talks to correct the decisions or

policies that have been issued by management.

For policies or decisions that have been issued by

management of “X” Hospital has never been

cancelled. However, correction is made by way

of revision relating to the substance of the

decision or policy that harms the employee. If

according to the consideration of the policy is in

accordance with the circumstances of the

company, then Unions are not too imposing the

The Execution of the Collective Labour Agreement between the Labour Union and the Management of "X" Hospital

755

will. The circumstances of the company that can

be considered such as the increase prices or the

ability of the company that does not allow the

company to meet the demands of the Union

Workers. Then in the bipartite meeting was made

by Minute of Meeting or Minutes that will be

attached in the decision of the board of directors.

b The labour association contributes in sanctions

given to their members as follow:

1. Clarifying the sanction to corresponding

labour, the association ask the position of

labour when the case was occurring. The

association measures the mistakes of their

member and the sanction given by company,

the association will ask for labour perspective

whether he/she accept the sanction or not.

2. If the result is an objection. The association

will accompany the labour to send legal letter

of objection to HRD department of company

for advance advocacy. Because, some of

labour are not willing to have meeting with

HRD team because of prestige factors. In

other words, it is the labour decision to have

an objection and get help from association or

the labour simply just take and accept the

sanction from their mistakes.

From collective labour agreement effectiveness

perspective between company and association, the

one who is very affecting in PKB effectiveness is

labour association, the employee, and management.

From regulation perspective, PKB has already in

line with current regulations, it could be a model for

good agreement between company and its employee.

Moreover, the agreement meets all requirements to

be a legal document in the eye of state.

Unfortunately, the behaviours of actors in PKB

agreement has violated that makes the agreement

ineffective. The internal problems of the obstacles

are caused by self-demand that result in regulation

violation within company. Externally, the problems

come from economic condition and government

policies which result in relation between company

and its employee.

4 CONCLUSION

There is some conclusion taken from collective

labour agreement case. First, the collective labour

agreement between “X” Hospital and Labour

association, from the first agreement established in

2016 into current agreement, there is no much

problem in quantity perspective. But, such little

mistakes will also affect the agreement which result

in relation between both parties. Second, the

problem arose when there is no coordination

between both “X” Hospital and its employee. The

policies decision without coordination of both

parties will result in the welfare of labours and

violation to the regulation. Thus, the sanction to the

employee becomes an option for the employee to

deliver and show their aspiration. Thirdly, bipartite

forum is enough to handle out most cases happened

during the agreement. Whereas, the labour

association becomes protector of its members in the

conference. But, most problems are affected from

external factors such as economic condition and

government policies which affects policies by

company.

REFERENCES

Abdul, Khakim, 2003, Pengantar Hukum

Ketenagakerjaan Indonesia Berdasarkan Undang-

Undang Nomor 13 Tahun 2003. PT. Citra Aditya

Bakti.

Asyhadie, Zaeni, 1994, Dasar-Dasar Hukum Perburuhan,

Raja Grafindo Persada, Jakarta.

Djumialdji, F.X dan Wiwoho Soejono, Perjanjian

Perburuhan dan Hubungan Perburuhan Pancasila,

(Bina Aksara, Jakarta 1987).

Government Regulation of Republic of Indonesia number

8 of 1981 about Wage Protection