Indonesia HR & Employment Law Seminar · Mastering the Art of Drafting Employment Contract &...

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Indonesia HR & Employment Law Seminar: Keeping Indonesia HR Leaders Updated on the Changes and Challenges on Employment Law in Indonesia Faculty Directors Knowledge for the world business leaders C L A R I D E N 28 February — 1 March 2013 Mandarin Oriental, Jakarta Mr Richard D. Emmerson Advisor Soewito Suhardiman Eddymurthy Kardono (SSEK) Susie Beaumont Foreign Legal Consultant Hadiputranto, Hadinoto & Partners Muchamad Kenny Rizki Daeng Macallo Senior Associate Hadiputranto, Hadinoto & Partners Dr Goh Moh Heng President BCM Institute and Managing Director of GMH Continuity Architects Aulia Kemalsjah Siregar Founder Kemalsjah & Associates

Transcript of Indonesia HR & Employment Law Seminar · Mastering the Art of Drafting Employment Contract &...

Page 1: Indonesia HR & Employment Law Seminar · Mastering the Art of Drafting Employment Contract & Handbook ... Reviewing Outsourcing Controversy in Indonesia • Update on Indonesia law

Indonesia HR & Employment Law Seminar: Keeping Indonesia HR Leaders Updated on the Changes and Challenges on Employment Law in Indonesia

Faculty Directors

Knowledge for the world business leaders C L A R I D E N 28 February — 1 March 2013

Mandarin Oriental, Jakarta

Mr Richard D. EmmersonAdvisorSoewito Suhardiman Eddymurthy Kardono (SSEK)

Susie BeaumontForeign Legal ConsultantHadiputranto, Hadinoto & Partners

   

Muchamad Kenny Rizki Daeng MacalloSenior AssociateHadiputranto, Hadinoto & Partners

Dr Goh Moh HengPresidentBCM Institute and Managing Director of GMH Continuity Architects

 

Aulia Kemalsjah SiregarFounderKemalsjah & Associates

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INDONESIA HR AND EMPLOYMENT LAW

Faculty Directors

2Contact Admissions Office at +65 6899 5030 | [email protected] | www.claridenglobal.com

Susie BeaumontForeign Legal ConsultantHadiputranto, Hadinoto & Partners

Susie Beaumont is ranked in Band 2 for Employment by Chambers Asia 2012. She moved from Sydney to Asia in 2000, working in Hong Kong and Singapore before moving to Indonesia in 2003. Susie has many years of experience acting for foreign and Indonesian corporations in a wide range of employment, corporate and commercial, and construction related matters. She has been on the Board of the Indonesia Australia Business Council since 2005 and is actively involved in promoting business relations between Australia and Indonesia.

Susie regularly assists clients in drafting employment-related documents, including company regulations, employment agreements, and settlement agreements. She has advised on various labor issues, such as termination of employment, expatriate employment, sexual harassment, strikes, lockouts, working hours and leave policies. She has also assisted clients in the settlement of employment-related disputes. Susie also has extensive experience advising and assisting foreign and Indonesian corporations in joint ventures, acquisitions, due diligence, leasing, and other corporate matters in variety of industries. In addition she has experience advising clients on construction matters in various countries ranging from preparation and negotiation of construction contracts and tender documents to large scale infrastructure projects to construction disputes.

Mr Richard D. EmmersonAdvisorSoewito Suhardiman Eddymurthy Kardono (SSEK) Richard Emmerson is a senior foreign advisor at Soewito Suhardiman Eddymurthy Kardono (SSEK), one of the largest and most respected independent law firms in Indonesia. He is widely recognized as a leading labor and employment lawyer and has been endorsed by International Financial Law Review, Chambers Asia and Asia Law & Practice. Mr Emmerson has been with SSEK since 1996 and has represented clients with interests in Asia for more than 20 years. He has been praised for his “knowledge of the local law, pragmatic approach and ability to articulate matters in a concise manner” (Chambers and Partners, 2012).

In addition to being a leading labor and employment lawyer, Mr Emmerson’s practice includes foreign investment planning, the establishment of subsidiaries and joint venture companies and their ongoing corporate and commercial affairs, corporate restructuring, and mergers and acquisitions. He has been endorsed by Chambers Global and Asia Law & Practice as a leading practitioner in the fields of corporate and commercial law, corporate restructuring and corporate governance.

Mr Emmerson has lectured at the faculties of law of some of the leading universities in the country and has published widely on Indonesian law, including most recently articles on data privacy and protection and a well-received guide to employment law in the country. Mr Emmerson has been a director of the Canadian Chamber of Commerce in Indonesia since 1998 and is now vice president of that organization. He is a member of the Inter-Pacific Bar Association, the Law Firm Network and the Employment Lawyers Alliance.

   

Muchamad Kenny Rizki Daeng MacalloSenior AssociateHadiputranto, Hadinoto & Partners

Muchamad Kenny Rizki Daeng Macallo is an associate in the Commercial Litigation and Dispute Resolution. He is involved in handling various civil, criminal (mainly corruption cases), bankruptcy and arbitration litigation cases during his nine years experience. He is also involved in litigation proceeding for labor disputes.

Dr Goh Moh HengPresidentBCM Institute and Managing Director of GMH Continuity Architects

Dr Goh Moh Heng is the President of BCM Institute and the Managing Director of GMH Continuity Architects. Armed with his primary areas of expertise, which include Business Continuity Management, Disaster Recovery Planning (DRP), contingency planning and Crisis Management, Moh Heng has helped many organizations, particularly those operating in the Asia Pacific and Middle-East Region. In 2011, Moh Heng had assisted 15 organizations in their successful implementation of their Business Continuity Management System (BCMS) and BS25999/ SS540 organization certification.

In May 2012, Dr Goh Moh Heng became the first Asian in the 16th year of tradition, to be awarded the “Business Continuity Lifetime Achievement Award” in London, United Kingdom by the Continuity, Insurance and Risk (CIR) Magazine

 

Aulia Kemalsjah SiregarFounderKemalsjah & Associates

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2013 CLARIDEN GLOBAL EXECUTIVE EDUCATION

Indonesia HR & Employment Law Seminar: Keeping Indonesia HR Leaders Updated on the Changes and Challenges on Employment Law in Indonesia

E X E C U T I V E S U M M A R YProgram:

Dates: Location:

HR & Employment Law Seminar - Keeping HR Leaders updated on the changes and challenges on Employment Law in Indonesia28 February — 1 March 2013Mandarin Oriental, Jakarta

Early Bird 1 (Register & pay by 15 Jan 2013):Early Bird 2 (Register & pay by 7 Feb 2013): Regular Tuition Fee:

US$1,950US$2,150 US$2,250

GROUP DISCOUNT:10% discount for the 2nd participant from the same organization. For registrations before 15 January 2013 and for 3 or more participants, the 4th participant will receive a complimentary seat.

This highly interactive two-day seminar is designed for Indonesia’s leading practitioners within the employment/HR sector, business owners, or those who expecting to have staffing responsibility in Indonesia. Participants will gain comprehensive knowledge on latest legislative changes & development in Indonesia, legal implications when hiring contract workers and its controversy, drafting employment contract, terminating your employee, and also complying to the minimum wage structure in Indonesia to avoid any legal dispute. Given the growing numbers of expatriates in the last few years in Indonesia, it is important to find out requirements to employ and terminate expatriates as well as common issues arising.

Led by top tier legal and HR experts who have immaculate track record in providing strategic legal, employment and HR advice to HR professionals across Indonesia, you will also gain latest update on Labor Unions Act to achieve harmonious industrial relations. Due to recent strikes and manpower disruptions, you will ensure learn the latest business continuity plans and solutions in order to give ensure your organization has business continuity and resilient manpower strategy.

Program Essence:

Indonesia is quickly becoming one of the top economic regions in Asia. As a result, many foreign, international companies are eager to set up offices in Indonesia. However, labor laws tend to favor employees over employers, making HR management and recruiting practices in Indonesia difficult. One of the biggest challenges is to keep up with the various employment law changes and consequences that companies exposed to on a daily basis. Employment matters can often be both complex and confusing. New policies, regulations and rules in employment law can be confounding even for the most seasoned HR professionals. Failing to adhere to new regulations and proper administration can put an employer in a vulnerable position and open to the risk of unlawful practices, lawsuits and litigations; which contributes to a great deal of stress, lowered productivity and high turnover rate. Thus, it is important for management personnel to have a clear understanding on Indonesia Employment Law issues.

In addition, with over 117 million workers, Indonesia has the fifth largest workforce in the world. In the past months, some of this workforce has been mired in strikes, demanding better pay and work conditions. This situation has created disruption to the business operations. This executive program will also cover business continuity plans and solutions to issues such as strikes and disruptions in order to give ensure your organization has business continuity and resilient manpower strategy.

Designed for Indonesia’s leading practitioners within the employment/HR sector, business owners, or those who expecting to have staffing responsibility in Indonesia. Participants will gain comprehensive knowledge on latest legislative changes & development in Indonesia, legal implications when hiring contract workers and its controversy, drafting employment contract, terminating your employee, and also complying to minimum wage structure in Indonesia to avoid any legal dispute. Given the growing numbers of expatriates in the last few years in Indonesia, it is important to find out requirements to employ and terminate expatriates as well as common issues arising. You will also benefit from legal insights on Labor Unions Act in order to achieve harmonious industrial relations.

Led by top tier legal and HR experts who have immaculate track record in providing strategic legal, employment and HR advice to HR professionals across Indonesia, you will gain latest understanding on HR, legal and employment law

P R O G R A M I N T R O D U C T I O N

Contact Admissions Office at +65 6899 5030 | [email protected] | www.claridenglobal.com

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P R O G R A M O U T L I N E

DAY 1

Indonesia Employment Law: Challenges & Approaches • Overview, legislation, and agencies of Indonesia Labor and Employment Law• Latest updates on the employment Law• Key points to note to ensure your employment policies and procedures comply with the law• How to communicate policies & procedures across your organization effectively Mastering the Art of Drafting Employment Contract & Handbook• Examine the most common employee Contract and handbook mistakes• Find out what policies your organization should include in the employee Contract and handbook • Take away language to add to your employee contract and handbook to protect your organization• Learn how to successfully introduce an employee handbook into your workplace

Reviewing Outsourcing Controversy in Indonesia• Update on Indonesia law on hiring contract workers• Latest revision on the labor decree on contract workers and how it will affect your businesses • Recent case on labor strikes and its implication to the demand of contract staff• Contingency plans when government restrict the use of contract workers• The role of outsourcing agencies in fighting for contract’s workers right

Minimizing Disruption When Strikes Occur - Have Your Crisis Management and Business Continuity Plans Ready • Prioritizing the threats and risk occurring both internally and externally. E.g. employees, customers, suppliers, and business partners.• Identifying the financial and non-financial impacts to your businesses• Developing business continuity strategy to minimize the impact of a disruptions• Implementing a crisis and business continuity procedures and plans to recover, resume, and restore your operation upon disruption• Testing and exercising your plans in preparation for the next incoming disruptions such as strikes• Sharing of global good practices in managing human resources related crises and disasters

L E A R N I N G O B J E C T I V E S

• Keep up to date with the latest changes on Indonesia Employment Law• Master the art of drafting employment contract & handbook to avoid dispute• Understand legal obligations in hiring contract workers in Indonesia and its controversy• Find ways to minimize disruptions when strikes occur• Understand dismissals and redundancies procedures in Indonesia• Find out requirements and common issues arising in hiring expatriates• Comply with mandatory minimum wage structure to keep away from legal issue• Get the Legal Insight on Labor Unions Act to achieve harmonious industrial relations

Clariden Executive Education

W H O W I L L B E N E F I T M O S T

This course is designed for all Executives, Managers, Directors, Vice Presidents, Supervisors, Superintendent dealing with Human Resource, Learning/Training Development, Organizational Development, Workplace Relations & Compliance, Employment Relations, Talent & Recruitment, Remuneration, Compensation & Benefits, Mediators & Arbitrators of Employment Law, and People Development. This course is also applicable to General Manager, business owners, or those who are expecting to have staffing responsibility.

4Contact Admissions Office at +65 6899 5030 | [email protected] | www.claridenglobal.com

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Contact Admissions Office at +65 6899 5030 | [email protected] | www.claridenglobal.com

P R O G R A M O U T L I N E

DAY 2

Termination of Employment in Indonesia • Requirements, process, and payments• Differences between definite (contract) and indefinite (permanent) employment• Involvement of foreigners in termination and HR matters in general• Case Studies

Employment of Expatriates in Indonesia• Requirements to employ expatriates• Common issues in the employment of expatriates• Termination of expatriates

Complying to Mandatory Minimum Wages Structure to Avoid Dispute• Update on the latest remuneration structure including minimum wage• At what precise level should the minimum wage be fixed?• What institutional mechanism, accepted by all parties should determine the amount?• Find out options to effectively settle dispute and foster industrial peace• The impact of the rising on the minimum wage on business operating cost and investment climate• Is the increase on the wage equals to the increase on productivity level

Implementing Labor Unions Act to Achieve Harmonious Industrial relations • Latest update on the industrial and labor unions act in Indonesia• Definition, role, and objectives of Labor Union• Rights and obligations of Labor Union• Settlement of industrial relations and Labor Union dispute without facing any legal issues• Dissolution of Labor Union• Violation against labor Union act

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Clariden Executive Education

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C L A R I D E NKnowledge for the world business leaders

REGISTRATION PAGE

HR & EMPLOYMENT LAW SEMINAR - KEEPING HR LEADERS UPDATED ON THE CHANGES AND CHALLENGES ON EMPLOYMENT LAW IN INDONESIA

Please register the following participant(s) for this Program:

1st Participant Name (Mr/Mrs/Ms):________________________________________

Job Title:_____________________ Department:_______________________________

Telephone:_____________________________Fax: _____________________________

Email:_______________________________________Date of Birth: _______________

2nd Participant Name (Mr/Mrs/Ms):_______________________________________

Job Title:_____________________ Department:_______________________________

Telephone:_____________________________Fax: _____________________________

Email:_______________________________________Date of Birth: _______________

3rd Participant Name (Mr/Mrs/Ms):________________________________________

Job Title:_____________________ Department:_______________________________

Telephone:_____________________________Fax: _____________________________

Email:_______________________________________Date of Birth: _______________

4th Participant Name (Mr/Mrs/Ms):________________________________________

Job Title:_____________________ Department:_______________________________

Telephone:_____________________________Fax: _____________________________

Email:_______________________________________Date of Birth: _______________

Booking Contact (Approving Ma nager) Mr/Mrs/Ms:______________________

Job Title:_________________________ Department:_______________________

Telephone:_______________________ Fax:_____________________________

Email:______________________________________________________________

Organisation: ______________________________________________________

Address:___________________________________________________________

_____________________________________ Postal Code:__________________

I would like to receive more information on hotel accommodation using Clariden Global corporate rate.

Email: [email protected]

Fax: +65 6567 4328

Call: +65 6899 5030

Website: www.claridenglobal.com

This executive program will be held at:

Mandarin Oriental Jakarta28 February — 1 March 2013Jalan M. H. Thamrin PO Box 3392 Jakarta 10310, Indonesia Tel : + 62 (21) 2993 8888Fax : + 62 (21) 2993 8889Website : http://www.mandarinoriental.com/jakarta/

The fee for this two-day executive program includes all written materials, lunch and refreshments.

BY CHEQUE / BANK DRAFT: Made payable to Clariden Global Pte Ltd and mail to: 3 International Business Park, #04-31, Nordic European Centre, Singapore 609927.

BY TELEGRAPHIC TRANSFER TO:Bank Name: DBS BANKBank Branch Code: 027Bank Address: 6 Shenton Way, DBS Building, Singapore 068809Bank Account No: 027-903583-8Bank Account name: Clariden Global Pte LtdBank SWIFT Code: DBSSSGSG

Please note that all bank charges are to be borne by participants. Please ensure Clariden Global receives the full invoiced amount.

Note: Please include invoice number on all payment types and your company’s name in your payment instructions for our reference.

CREDIT CARD: To make payment by credit card, please call our client services hotline at +65 6899 5030.

PAYMENT METHODS

1ST EARLY BIRD FEE: US$1,950 (Registration and payment must be received by 15 Jan 2013)

2ND EARLY BIRD FEE: US$2,150 (Registration and payment must be received by 7 Feb 2013)

REGULAR FEE: US$2,250

GROUP DISCOUNT: For 2 registrations from the same company and billing source, the 2nd participant enjoys a 10% discount.

For registrations of 3 from the same company and billing source, the 4th participant receives a complimentary seat. One discount scheme applies per company.

Note: GST is applicable only to participants from Singapore registered companies.

Important Notice: Payments are required with registration and must be received prior to the Course to guarantee your place.

PROGRAM FEES

FEE RECEIVED REFERENCE L3005/LC/JT

FOR OFFICIAL USE

4 WAYS TO REGISTER

DATE AND LOCATION

An invoice and registration confirmation will be sent within 7 days, please contact us if you have not heard from us within 7 days. Payment can be made by credit card, by bank transfer or by cheque made payable to “Clariden Global Pte Ltd. ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT.

HOW TO REGISTER AND PAY

Accommodation is not included in the program fee but you will be entitled to use our corporate rate for your accommodation. Information will be sent along with your registration confirmation.

ACCOMMODATION

INTERESTED IN PROMOTING YOUR ORGANIZATION TO OUR PARTICIPANTSFor more information on sponsorship, tabletop displays & insert opportunities, please contact us at 6899 5030.

SPONSORSHIP

Once we have received your booking, the place(s) are confirmed. No refunds will be made for any cancellations, however, program credits of equivalent value only applicable for Clariden Global events will be provided. Credits can only be redeemed for 1 program and is valid for only one (1) year from date of issue.

Substitution with a qualified candidate is allowed by providing at least 5 working days of advance notice to Clariden Global. One time substitution is allowed with no charges. Subsequent substitutions will be charged 10% admin fee.

CANCELLATIONS AND SUBSITUTIONS

PLEASE NOTE: Clariden Global Pte Ltd reserves the right to change the content and timing of the programme, the speakers and the date and venue due to reasons beyond their control. If in the unlikely event that the course is cancelled, Clariden Global Pte Ltd will refund the full amount and disclaim any further liability.

ENQUIRIES: If you have any queries about registration or payment please do not hesitate to contact our client services department on +65 6899 5030.

PRIVATE DISCLOSURE STATEMENT: Any information provided by you in relation to this event is being collected by Clariden Global Pte Ltd and will be held in the strictest confidence. It will be added to our database for the primary purpose of providing you with information about future events and services.

Visit us at www.claridenglobal.com for upcoming events

ALL CANCELLATIONS MUST BE RECEIVED IN WRITTEN FORM

28 February — 1 March, 2013 Mandarin Oriental, Jakarta