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.
Photos:
