Sales and Marketing Training in Indonesia about Outsourcing

 In an effort to improve the performance of sales and marketing,  HR Department of  PTES provided a complete information regarding the legal aspects (laws) in the implementation of the outsourcing system in Indonesia by conducting training for sales and marketing to discuss issues regarding its  legal aspect. Mr. Yoris was the speaker that day and a business adviser to management of  PTES, and this time he led the training with the theme "Legal Aspect of Outsourcing"

Definition of Outsourcing 

In business, outsourcing is the contracting out of a business process to another party. The term "outsourcing" became popular in the United States near the turn of the 21st century. Outsourcing sometimes involves transferring employees and assets from one firm to another, but not always.

Type of Outsourcing

According to article 64 of Law No. 13 of 2003 on Labour, outsourcing is divided into two parts, namely:

1.      Manage Service / Full Outsource / BPO and Labor Supply / Manpower Supply.

 

But the first point above the one that will be much discussed, namely the Service Manager (BPO), where the definition of BPO is : An action that subcontract part of the company to another company through a written agreement by fulfilling certain conditions, with emphasis on achieving results.

While Labor Supply / Manpower Supply is a form of cooperation agreement between company B as service providers, where company A to company B asked to provide the necessary manpower to work in company A by paying a sum of money and fixed wages or salaries paid by company B, As for company A pay all labor costs plus a fee to the company B.

But in Employment Law in Indonesia, Outsourcing is defined as follows: 

1.      Through the principle of affirmative action Indonesian State intervene in the implementation of the outsourcing system in Indonesia. There are elements of force (public law) in the system of labor laws that regulate outsourcing should be categorized as private law (freedom of contract). 

2.      The existence of Article 17 of Chapter III of Part One Pemenakertrans Decree No. 19 of 2012 and the SE Menakertrans No. 04 In 2013 the political labor laws make it clear that the government (Ministry of Labour) in outsourcing arrangements in Indonesia directed at the system of contract of work.

In conclusion, through this material, sales team directed to be ready in answering all questions relating to the legal aspects of the implementation of the outsourcing system. If the sales team have some problems and difficulty in dealing with clients to answer all the questions regarding the legal aspects of this, then Mr. Yoris as legal counsel of PTES is willing to help us, so that the client will get a solution that can make them calm and comfortable to establish cooperation with PT. Elabram System.

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