Indonesia Compliance Assessment Tools 012015

Better Work Compliance Assessment Tool
Indonesia
Copyright © 2015 - International Labour Organization (ILO) and International Finance Corporation (IFC)
Cluster Compliance Point Question Sub-question Legal Reference
Key Strengths and Fact-Gathering 1 Key strengths:

Process Integrity Questions
2 Describe any significant concerns
about process integrity, access
restrictions, or failure to provide
documents in a timely manner.
3 How many person days were spent on
the assessment?
4 Provide the titles of the management
staff interviewed.
5 Briefly describe the interviews with
workers, union leaders, and worker
representatives.
6
Describe any significant issues not
addressed elsewhere in the report.
Child Labour Child Labourers 7
Have you found any workers under the C138; Manpower Act No. 13 of
8 age of 15? 2003, Arts. 68, 69.
Hazardous Work
and other Worst Does theunder
workers employer subject
age 18 to theany
worst Do workers
that who are
is hazardous under age
by nature, 18 they
or do perform
workwork
in a C138; C182;Act
Manpower R146;
No.R190;
13 of 2003,
Forms forms of child labour (including work hazardous working environment? Art. 74; Minister of Manpower
that is hazardous by nature, work in a and Transmigration Decree No.
hazardous working environment, work KEP.235/MEN/2003, Art. 2 and
at night, or overtime)? the Attachment.
9 Do workers who are under age 18 work overtime C138; C182; R190; Manpower
or work at night? Act No 13 of 2003, Art. , 74;
Minister of Manpower and
Transmigration Decree No.
KEP.235/MEN/2003, Art. 4,
and Section C to the
Attachment.
Better Work Compliance Assessment Tool - Indonesia Page 1 of 29
Child Labour Hazardous Work 10 Does the employer subject any Does the employer subject any workers under C182; Manpower Act No. 13 of
and other Worst workers under age 18 to the worst age 18 to the unconditional worst forms of child 2003, Arts. 1(26),74.
Forms forms of child labour (including work labour?
that is hazardous by nature, work in a
hazardous working environment, work
at night, or overtime)?
Documentation and 11 Does the employer have a verification C138; R146; Manpower Act
Protection of Young system in place to ensure they do not No. 13 of 2003, Art. 68.
Workers hire child labour in accordance with
the National Law?
12 Does the employer comply with C138; R146; Manpower Act No.
documentation requirements for 13 of 2003, Arts. 52(1)(b) and
workers under age of 18? Explanatory Note, 54(1)(b).
Discrimination Fact-Gathering 13 Has the employer discriminated Manpower Act No. 13 of 2003,
Questions against workers based on their sexual Arts. 5, 6.
orientation?
Race and Origin 14 Is race, colour or origin a factor in Is applicant's race, color or origin a factor in C111; Manpower Act No. 13 of
hiring, employment, or termination? recruitment or hiring? 2003, Art. 5.
15 Is race, colour or origin a factor in decisions C111; Manpower Act No. 13 of

regarding conditions of work, access to training, 2003, Art. 6.
promotion or pay?
16 Is race, colour or origin a factor in the employer's C111; Manpower Act No. 13 of
decisions regarding termination or retirement of 2003, Art. 153(i).
workers?
17 Is there harassment of workers on the basis of C111; Manpower Act No. 13 of
race, colour or origin? 2003, Art. 6.
Religion and 18 Is religion or political opinion a factor Is applicant's religion or political opinion a factor C111; Manpower Act No. 13 of
Political Opinion in hiring, employment, or termination? in recruitment and hiring? 2003, Art. 5.
19 Is religion or political opinion a factor in decisions

regarding conditions of work, access to training,
promotion and pay?

Is religion or political C111; Manpower Act No. 13 of

opinion a factor in the employer's decisions 2003, Art. 6.
regarding termination and retirement of
workers?
C111; Manpower Act No. 13 of
2003, Art. 153(i).

Discrimination Religion and 21 Is religion or political opinion a factor Is there harassment of workers on the basis of C111; Manpower Act No. 13 of
Political Opinion in hiring, employment, or termination? religion and political opinion? 2003, Art. 6.
Gender 22 Is gender a factor in hiring, Is an applicant's gender a factor in recruitment or C111; Manpower Act No. 13 of
employment, or termination? hiring? 2003, Art. 5.
23 Is gender a factor in decisions regarding C111; Manpower Act No. 13 of

conditions of work? 2003, Arts. 6, 76.
24 Is gender a factor in decisions regarding pay? C100; C111; Manpower Act
No. 13 of 2003, Art. 6.
25 Is gender a factor in decisions regarding C100; C111; Manpower Act
opportunities for promotion or access to training? No. 13 of 2003; Arts. 6, 12.
26 Is gender a factor in the employer's decisions C111; Manpower Act No. 13 of
regarding termination or retirement of workers? 2003, Art. 153(i).
27 Are workers subject to discrimination Does the employer require pregnancy tests or the C111; C183; Manpower Act
based on pregnancy? use of contraceptives as a condition of No. 13 of 2003, Arts. 6, 153(i).
employment?
28 Does the employer change the employment C100; C111; C183; R191;
status, position, wages, benefits or seniority of Manpower Act No. 13 of 2003,
workers during maternity leave? Arts. 6, 153(i).
29 Is maternity leave excluded from workers' period C111; C183; R191; Manpower
of continuous service? Act No. 13 of 2003, Arts. 6, 82,
153(i).
30 Does the employer terminate workers who are C111; C183; Manpower Act
pregnant or on maternity leave or force them to No. 13 of 2003, Art. 153(i).
resign?
31 Is there sexual harassment of workers C111; Manpower Act No. 13 of
in the workplace? 2003, Art. 6.

Discrimination Other Grounds 32 Does the employer hire one disabled Manpower Act No. 13 of 2003,
worker for every 100 workers? Art. 5; Disabled Persons Act
No. 4 of 1997; Government
Regulation on Efforts to
Improve Social Welfare of
People with Disability No. 43 of
1998, Art. 26-31; Minister of
Manpower Decree No. KEP-
205/MEN/1999, Art. 4;
Minister of
33 Has the employer taken steps to Manpower Act No. 13 of 2003,
accommodate disabled workers in Art. 67 and Explanatory Notes.
accordance with the type and extent of
their disabilities?
34 Is disability a factor in employment or Is disability a factor in decisions regarding Manpower Act No. 13 of 2003,
termination? conditions of work, access to training, promotion Art. 6; Minister of Manpower
and pay? Decree No. KEP-
205/MEN/1999, Art. 5.
35 Is disability a factor in the employer's decisions Manpower Act No. 13 of 2003,
regarding termination and retirement? Art. 6, Government Regulation
No. 14 of 1993
36 Is there harassment of workers on the basis of C100; C111; Manpower Act
disability? No. 13 of 2003, Art. 6.
Forced Labour Coercion 37 Does the employer restrict workers C29; Manpower Act No. 13 of
from leaving the workplace? 2003, Art. 32(1-2).
38 Does the employer restrict workers' C29; Manpower Act No. 13 of
freedom to come and go from the 2003, Art. 32(1-2).
dormitories and/or the industrial park
or zone in which the factory is located?

Forced Labour Coercion 39 Does the employer coerce workers to Does the employer delay or withhold wage C29; Manpower Act No. 13 of
work or stay on the job through • payments in order to coerce workers to work? 2003, Art. 31.
violence; • withholding of wages; •
disciplinary measures; • punishment
for participation in a strike; • restricted
access to their personal documents; •
threats of deportation, visa c
40 Does the employer force workers to work to C29; C105; Abolition of Forced
discipline them or as punishment for Labour Act No. 19 of 1999,
participation in a strike? Manpower Act No. 13 of 2003,
Art. 32, 144(b).
41 Does the employer deny workers access to their C29; Manpower Act No. 13 of
personal documents (such as birth certificates, 2003, Art. 31
passports, work permits and ID cards) when they
need them?
42 Does the employer use threats such as C29; Manpower Act No. 13 of
deportation, cancellation of visas or reporting to 2003, Art. 31.
the authorities in order to force workers to stay
at the job?
43 Does the employer use any other coercive tactics C29; Manpower Act No. 13 of
to overwhelm workers' ability to make decisions 2003, Art. 31.
in their own interest.
44 Does the employer use violence or the threat of C29; Manpower Act No. 13 of
violence to intimidate workers? 2003, Art. 31.
45 Are workers free to terminate their C29; Manpower Act No. 13 of
employment with reasonable notice 2003, Art. 31 and 162
and to leave their jobs when their
contracts end?
Bonded Labour 46 Can workers who owe debts to the C29, C181; Manpower Act No.
employer and/or a third party freely 13 of 2003, Arts. 31, 32.
leave their jobs?

Forced Labour Forced Labour and 47 Are workers forced to work overtime C29; Manpower Act No. 13 of
Overtime under threat of penalty? 2003, Arts. 32, 78; Minister of
Manpower and Transmigration
Decree No. KEP.
102/MEN/VI/2004, Art. 6.
Prison Labour 48 Is there any noncompliance relating to If prison labour is used, do the prisoners receive C29; Government Regulation
the use of prison labour (lack of similar treatment to non-prison workers working on Manpower Act No. 13 of
consent to do the work, lack of in the factory? 2003, Art. 32; Government
supervision and control by a public Regulation on Cooperation in
authority, or dissimilar treatment to Coaching and Counselling of
non-prison workers)? Prisoners No. 57 of 1999, Art.
16.
49 If prison labour is used, have the prisoners freely C29; Manpower Act No. 13 of
consented to do the work? 2003, Art. 32.
50 If prison labour is used, is the work carried out C29; Government Regulation
under the supervision and control of a public No. 57 of 1999 Article 18.
authority?
Freedom of Association Fact-Gathering 51 What percentage of workers are union Trade Union Act No. 21 of
and Collective Bargaining Questions members? 2000, Arts. 1, 13.
52 How many active unions with a Trade Union Act No. 21 of
registration number are there in the 2000 Arts. 18, 25.
factory?
53 For each active union with a
registraIon number, provide:• the
name of the union, • the number of
union members, • the union's
affiliation status (affiliated or non-
affiliated with a federation or
confederaIon), • the name of the
federation or c

Freedom of Association Fact-Gathering 54 How many collective bargaining Manpower Act No. 13 of 2003,
and Collective Bargaining Questions agreements are in effect in the factory? Arts. 116-134; Minister of
Decree No.
KEP.48/MEN/IV/2004, Arts. 12-
28.
55 For each CBA, indicate:- the Manpower Act No. 13 of 2003
parIes- the duraIon of the Arts. 123, 124(1)(d); Minister
agreement of Manpower and
KEP.48/MEN/IV/2004, Arts.
21(f, g)-22.
56 How many strikes have there been
since the last visit (or in the past 12
months for initial assessments)?
57 For each strike, indicate:- why Manpower Act No. 13 of 2003,
workers went on strike- whether the Arts. 137-142; Industrial
strike complied with legal Relations Dispute Settlement
requirements, and if not, which Act No. 2 of 2004, Arts 3-4(1);
requirements were not complied Minister of Manpower and
with- whether the strike resulted in Transmigration Decree No.
violence- the number of days KEP.232/MEN/2003, Arts. 3-5.
workers were on strike
Freedom to 58 Can workers freely form and join the C87; Trade Union Act No. 21 of
Associate union of their choice? 2000, Arts. 3, 5, 9, 12, 28;
Manpower Act No.13 of 2003,
Art. 104(1).
59 Can the union(s) freely form and join C87; Trade Union Act No. 21 of
federations and confederations of their 2000, Arts. 6-7, 9-10.
choice?
60 Does the employer require workers to C87; Trade Union Act No. 21 of
join a union? 2000, Art. 28; Manpower Act
No. 13 of 2003, Art. 104
(Explanatory Note).

Freedom of Association Union Operations 61 Does the employer allow workers to C87; C98; C135; R143; Trade
and Collective Bargaining carry out trade union activities during Union Act No. 21 of 2000, Art.
working hours as agreed by both 29.
parties?
62 Do union representatives have access C87; C135; R143; Trade Union
to the workers in the workplace? Act No. 21 of 2000, Arts. 4, 28-
29.
63 Does the employer deduct union dues C87; C98; C135; R143;
from wages when union and workers Minister of Manpower and
request this, or allow unions to collect Transmigration Decree No.
dues directly from their members? KEP.187/MEN/IX/2004, Art. 3
Interference and 64 Has the employer tried to interfere C98; Trade Union Act No. 21
Discrimination with, manipulate, or control the of 2000, Arts. 3, 15.
union(s)?
65 If there is more than one union, does C98; Constitutional Court
the employer treat them as stipulated Decision No. 115/PUU-
by national law? VII/2009 (amending the
Manpower Act No. 13, Art.
120); Manpower Act No. 13 of
2003, Arts. 120, 130(2-3);
Transmigration Regulation No.
PER.32/MEN/XII/2008, Art.
6(c).
66 Is a job applicant's union membership C98; Manpower Act No. 13 of
or union activities a factor during hiring 2003, Art. 5.
decisions?
67 Does the employer punish, threaten, Does the employer punish workers for joining a C98; Trade Union Act No. 21 of
intimidate, harass, terminate or not union or engaging in union activities? 2000, Arts. 5, 28-29.
renew workers' contracts due to their
union membership or activities?
68 Does the employer threaten, intimidate, or C98; Trade Union Act No. 21 of
harass workers who join a union or engage in 2000, Arts. 5, 28-29.
union activities?

Freedom of Association Interference and 69 Does the employer punish, threaten, Has the employer terminated workers or not C98; Trade Union Act No. 21 of
and Collective Bargaining Discrimination intimidate, harass, terminate or not renewed their contract due to the worker's union 2000, Arts. 5, 28-29;
renew workers' contracts due to their membership or activities? Manpower Act No. 13 of 2003,
union membership or activities? Art. 153(g).
70 Does the employer provide incentives to workers C98; Trade Union Act No. 21 of
to keep them from joining a union or engaging in 2000, Arts. 5, 28-29.
union activities?
71 Has the employer terminated a union official in a C98; Manpower Act No. 13 of
way that did not comply with the law? 2003, Arts. 150-154.
72 Are workers free to meet without management C98; Trade Union Act No. 21 of
present? 2000, Arts. 3, 15; Manpower
Act No. 13 of 2003, Arts. 119,
122.
Collective 73 Did the employer consult with C98; Constitutional Court
Bargaining workers/ unions when legally required? Decree No. 115/PUU-VII/2009;
Manpower Act No. 13 of 2003,
Arts. 90, 110, 113; Minister of
Decrees No. KEP
231/MEN/2003, Art. 3, and
No. KEP.48/MEN/IV/2004,
Arts. 3, 5, 6.
74 Does the employer refuse to bargain C98; C154; Manpower Act No.
collectively or refuse to bargain in 13 of 2003, Arts. 116, 119,
good faith with the union, worker 120, 124; Trade Union Act No
representatives, union federations or 21 of 2000, Arts. 4, 20, 25;
confederations? Industrial Relations Dispute
Settlement Act No. 2 of 2004,
Arts 5, 14, 25; Constitutional
Court Decision No. 115 of
2009; Minister of Manpowe
75 Is there a CBA in effect in the factory? Does the employer inform workers about the C98; Manpower Act No. 13 of
contents of the collective bargaining agreement, 2003, Art. 126; Minister of
and provide workers the text of the agreement? Manpower Decree No.
KEP.48/MEN/IV/2004, Art. 28.

Freedom of Association Collective 76 Is there a CBA in effect in the factory? If there is a collective bargaining agreement, are C98; Manpower Act No. 13 of
and Collective Bargaining Bargaining the provisions at least as favourable for workers 2003, Art. 124(2-3).
as the law?
77 Has the employer failed to implement any of the C98; Manpower Act No. 13 of
provisions of the collective bargaining agreement 2003, Art. 126(1); Minister of
in force? Manpower and Transmigration
Decree No.
KEP.48/MEN/IV/2004, Art.
28(1).
Strikes 78 Is there any noncompliance relating to Has the employer tried to prevent any workers C98; Manpower Act No. 13 of
strikes? from participating in a strike? 2003, Arts. 137, 143.
79 Has the employer hired new workers to replace C98; Manpower Act No. 13 of
striking workers during a strike? 2003, Art. 144.
80 Has the employer punished any workers for C98; Manpower Act No. 13 of
participating in a strike? 2003, Art. 144; Minister of
Decree No.
KEP.232/MEN/2003, Arts. 3, 6.
81 Were security guards, the police or armed forces C98; Manpower Act No.13 of
called by the employer to break up a peaceful 2003, Art. 143.
strike or arrest striking workers?
Compensation Fact-Gathering 82 Does the employer properly inform

Questions workers about wage payments and
deductions?
Minimum 83 Does the employer pay the correct Manpower Act No. 13 of 2003,
Wages/Piece Rate district minimum wage for ordinary Arts. 56(1), 90(1); Minister of
Wages hours of work to permanent full time Manpower and Transmigration
workers (PKWTT)? Decree No.
KEP.231/MEN/2003; Minister
of Manpower Regulation No.
PER-01/MEN/1999; Minister of
226/MEN/2000; Related
Provincial Governor Decre
Compensation Minimum 84 Does the employer pay the correct Manpower Act No. 13 of 2003,
Wages/Piece Rate district minimum wage for ordinary Arts. 56 (1), 60, 90; Minister of
Wages hours of work to non-permanent Manpower and Transmigration
workers (PKWT) and probationary Decree No.
workers? KEP.231/MEN/2003; Minister
PER-01/MEN/1999 concerning
Minimum Wage; Minister of
226/MEN/2000 concernin
85 Does the employer pay piece rate Manpower Act No. 13 of 2003,
workers correctly for ordinary hours of Arts. 56(1), 90(1); Minister of
work? Manpower and Transmigration
Decree No.
PER-01/MEN/1999; Minister of
226/MEN/2000; Related
Provincial Governor Decree
86 Does the employer pay higher than Minister of Manpower
district minimum wage for ordinary Regulation No. PER-
hours of work to permanent (PKWTT) 01/MEN/1999, Art. 14 (1-3).
and non-permanent workers (PKWT)
who have worked for more than 1
year?
Overtime Wages 87 Does the employer pay workers Manpower Act No. 13 of 2003,
correctly for all overtime hours Art. 78; Minister of Manpower
worked, including overtime on regular and Transmigration Decree No.
working days, public holidays, and KEP.102/MEN/VI/2004, Arts. 7-
weekly rest days? 11.
88 Does the employer provide meals and Minister of Manpower and
drinks of at least 1,400 calories to Transmigration Decree No.
workers working overtime for 3 hours KEP. 102/MEN/VI/2004, Art. 7.
or more?

Compensation Method of Payment 89 Are wages paid on time? Government Regulation on
Wage Protection No. 8 of
1981, Art. 19.
Wage Information, 90 Has the employer made any Manpower Act No. 13 of 2003,
Use and Deduction unauthorized deductions from wages? Art. 88(3)(g); Government
Regulation on Wage Protection
No. 8 of 1981, Arts. 23, 24 and
25.
91 Does the employer keep only one Manpower Act No. 13 of 2003,
accurate payroll record/ book? Art. 90; Minister of Manpower
and Transmigration Decree No.
of Manpower and
KEP.102/MEN/VI/2004, Arts. 7-
11; Minister of Manpower
Regulation No. PER-
01/MEN/1999, Arts. 15, 2
Paid Leave 92 Does the employer pay any workers Does the employer pay workers correctly for paid Manpower Act No. 13 of 2003,
incorrectly for any types of paid time public holidays? Arts. 85, 93(g); Related Joint
off (breaks and leave)? Ministerial Decree on National
Public Holidays.
93 Does the employer pay workers correctly during Manpower Act No. 13 of 2003,
annual leave? Arts. 79(2c, 3), 84.
sick leave? Art. 93 (2-3, 5) and
Explanatory Note to Art. 93(2).
95 Does the employer pay workers correctly when Manpower Act No. 13 of 2003,
they feel pain during the first two days of Arts. 81, 93 (2, 5).
menstruation and they notify the employer?
96 Does the employer pay workers correctly when Manpower Act No. 13 of 2003,
they take time off for personal/ family matters, as Art. 93 (2, 4, 5).
required by national law?

Compensation Paid Leave 97 Does the employer pay any workers Does the employer pay workers correctly during Manpower Act No. 13 of 2003,
incorrectly for any types of paid time the rest time before and after childbirth? Arts. 82, 84 and Explanatory
off (breaks and leave)? Notes to Art. 82.
breastfeeding breaks, as required under the work Art. 83 and Explanatory Notes.
agreements, company regulations or collective Health Act No. 36 of 2006, Art.
agreement? 200. Government Regulation
No.33 of 2012 concerning
Exclusive Breastfeeding, Arts.
34 and 35.
99 Does the employer pay workers Manpower Act No. 13 of 2003,
correctly during work stoppages? Art. 93(2)(f).
Social Security and 100 Does the employer collect and forward National Social Security System
Other Benefits all workers' contributions for social Act No. 40 of 2004; BPJS Act
insurance (BPJS Ketenagakerjaan) and No. 24 of 2004 Art 6,
health care funds (BPJS Kesehatan)? Presidential Regulation No.
111 of 2013 Article 5 and 16C,
Presidential Regulation No.
109 of 2013 Art 2 and 5;
Government Regulation on
Workers' Social Security
Program No
101 Does the employer pay the required Government Regulation on
contributions for social insurance (BPJS Workers' Social Security
Ketenagakerjaan) and health care Program No. 14 of 1993, Art.
funds (BPJS Kesehatan) to BPJS? 9. Minister of Manpower
Decree No. 150 of 1999; BPJS
Act No. 24 of 2004 Art 6,
Presidential Regulation No.
111 of 2013.Presidential
Regulation No. 109 of 2013.

Compensation Social Security and 102 Does the employer pay workers the Minister of Manpower
Other Benefits religious holiday allowance? Regulation No. 4 of 1994
concerning religious festivity
allowance. Minister of
Circular No. SE.356/MEN/PHI-
PJSK/IX/2008.
103 Does the employer provide round trip Manpower Act No. 13 of 2003,
transport for female workers who Art. 76(4).
work between 11 p.m. and 5 a.m?
104 Does the employer provide nutritious Manpower Act No. 13 of 2003,
food and drinks to female workers Art. 76(3).
who work between 11 p.m. and 7 a.m?
Contracts and Human Fact-Gathering 105 How many total production workers
Resources Questions are employed by the factory?
106 How many of the total production
workers are men?
107 How many permanent production Manpower Act No. 13 of 2003,
workers are employed by the factory? Art. 56.
108 How many of the permanent
production workers are men?
109 How many non-permanent production Manpower Act No. 13 of 2003,
workers are employed by the factory? Arts. 56-59; Minister of
Decree No.
KEP.100/MEN/VI/2004.
110 How many of the non-permanent
111 How many probationary production Manpower Act No. 13 of 2003,
workers are employed by the factory? Arts. 58, 60.
112 How many of the probationary

Contracts and Human Fact-Gathering 113 How many apprentices are employed Manpower Act No. 13 of 2003,
Resources Questions by the factory in production? Art. 22 and Explanatory Notes
to Art. 60.
114 How many of the apprentices in
production are men?
115 How many of the total workforce are
migrant workers?
116 How many of the migrant workers are
men?
117 How many home-based workers are
working for the factory?
118 How many of the home-based workers
are men?
119 How many workers with disabilities are
employed by the factory?
120 How many of the workers with
disabilities are men?
121 How many non-production workers
employed by the factory?
122 How many male non-production
workers employed by the factory?
123 Does the factory use contractors to
provide services at the factory that are
not part of the production process?
124 Does the factory use subcontractors to Manpower Act No. 13 of 2003,
complete all or part of the production Arts. 64-66.
process? (on-site and/or off-site)? If
yes, please provide the name(s) of the
subcontractors and describe the
subcontracted work (if known).
125 How many subcontracted workers are
working for the factory on-site?

Contracts and Human Fact-Gathering 126 How many of the on-site
Resources Questions subcontracted workers are men?
127 Does the factory have a valid business

license?
128 Is there an HR policy that is signed by
top management with a clear
commitment to meet all legal
requirements?
129 Does the employer has a recruitment
procedure?
130 Does the employer has disciplinary and
termination procedures?
131 Does the employer has grievance
handling and dispute resolution
procedures?
132 Does the employer assigns
accountability at all levels of
management for following factory
policies and procedures relating to
Human Resource management and
performance?
133 Are policies and procedures effectively
communicated and implemented?
134 Does the employer investigate
violations of HR policies and
procedures to identify weaknesses and
make necessary adjustments to
prevent recurrence, such as cases of
underage workers or allegations of
discrimination?
Employment 135 Does the employer give a copy of the Manpower Act No. 13 of 2003,
Contracts work agreement in Bahasa to workers? Art. 57.

Contracts and Human Employment 136 Do the company regulations comply Manpower Act No. 13 of 2003,
Resources Contracts with legal requirements as stipulated in Arts. 108-115; Minister of
the labour law and regulations? Manpower and Transmigration
Regulation No.
PER.16/MEN/XI/2011 on
Company Regulations and
Collective Labour Agreements.
137 Do the work agreements specify the Manpower Act No. 13 of 2003,
terms and conditions of employment? Art. 54; Minister of Manpower
100/MEN/VI/2004, Art. 12.
138 Do the work agreements comply with Manpower Act No 13 of 2003,
company regulations, the collective Art 54(2)
labour agreement, and prevailing laws
and regulations?
139 Do all persons who perform work for Manpower Act No. 13 of 2003,
the factory, both on the premises and Arts. 57, 63, 65 (6). Minister of
offsite, have a work agreement? Manpower and Transmigration
Regulation No. 19 of 2012
Arts. 9(1), 14 and 27(1).
Contracting 140 Does the employer comply with limits Manpower Act No. 13 of 2003,
Procedures on the use of work agreements for a Art. 59; Minister of Manpower
specified period of time (i.e., limits on and Transmigration Decree No.
the employment of non-permanent KEP.100/MEN/VI/2004, Arts. 4-
workers)? 7.
141 Do workers pay any recruitment fees? Manpower Act 13 of 2003, Art.
38.
142 Is the probationary period applied only Manpower Act No. 13 of 2003,
to permanent workers (PKWTT) and Arts. 58, 60.
for no longer than 3 months?
143 Does the employer comply with Manpower Act No. 13 of 2003,
requirements concerning sub- Art. 65 (4, 6-7); Minister of
contracted workers at the workplace? Manpower and Transmigration
Regulation No. 19 of 2012,
Arts. 9(2), 13 and 28.

Contracts and Human Contracting 144 Does the employer comply with the Manpower Act No. 13 of 2003,
Resources Procedures law and regulations on subcontracting Art. 64, 65 and 66; Minister of
part of its work to another enterprise? Manpower and Transmigration
Regulation No. 19 of 2012
Arts. 9(1), 10(1),17(1) and 20
(1).
145 Does the employer comply with ILO Convention No. 177.;
requirements concerning home Manpower Act 13 of 2003,
workers? Arts. 50-66; Minister of
Decree No.
KEP.100/MEN/VI/2004;
Transmigration Regulation
No.19 of 2012.
Termination 146 Does the employer only terminate Constitutional Court Decision
workers for valid reasons? No. 012/PUU-I/2003
(amending Manpower Act No.
13 of 2003, Art. 160(1);
Manpower Act No. 13 of 2003,
Arts. 153, 160, 161, 163-169.
147 Are workers given the opportunities Manpower Act No. 13 of 2003,
required under law to defend Arts. 151, 154.
themselves before they are
terminated?
148 Does the employer comply with Manpower Act No. 13 of 2003,
requirements regarding severance pay Arts. 156-157 & 162-168, 172.
and reward for service?
149 Does the employer compensate Manpower Act No. 13 of 2003,
workers for unused paid annual leave Art. 156(4), 162 (1&2); Letter
and other legally required of Minister of Manpower and
termination/resignation benefits? Transmigration No.
B.600/MEN/SJ-HK/VIII/2005.
Dialogue, Discipline 150 Do the disciplinary measures comply Manpower Act No. 13 of 2003,
and Disputes with legal requirements? Art. 161.

Contracts and Human Dialogue, Discipline 151 Have any workers been bullied, Manpower Act No. 13 of 2003,
Resources and Disputes harassed, or subjected to humiliating Art. 86.
treatment?
152 Did the employer resolve grievances Manpower Act No. 13 of 2003,
and disputes in compliance with legal Art. 136; Industrial Relations
requirements? Dispute Settlement, Act No. 2
of 2004, Arts. 1-5; Minister of
Regulation No. 31 of 2008.
153 Does the factory have a functioning Manpower Act No. 13 of 2003,
bipartite cooperation institution? Art. 106(4); Minister of
Regulation No.
PER.32/MEN/XII/2008.
Occupational Safety and Fact-Gathering 154 How many work-related accidents Minister of Manpower
Health Questions have there been in the factory in the Regulation No.
last 12 months? PER.03/MEN/1998.
OSH Management 155 Does the factory have a written OSH Manpower Act No. 13 of 2003,
Systems policy? Art. 87; Work Safety Act No. 1
of 1970, Art. 14; Minister of
Decree No.
KEP.68/MEN/IV/2004, Arts. 2,
3; Government Regulation No.
50 of 2012 concerning
Implementation of OSH
Management System.

Occupational Safety and OSH Management 156 Does the factory have an OSH Work Safety Act No. 1 of 1970,
Health Systems Committee and assign accountability at Art. 10; Minister of Manpower
all levels of management for carrying Regulation No. 3 of 1978;
out health and safety responsibilities? Minister of Manpower
Regulation No. PER-
05/MEN/1996, Art. 3,
Appendix I (3.1.4, 3.1.5);
Minister of Manpower
Regulation No. Per-
04/MEN/1987, Arts. 2-3.
Government Regul
157 Does OSH policies and procedures are Work Safety Law No. 1 of
effectively communicated and 1970, Government Regulation
implemented? No. 50 of 2012 concerning
Management System Arts. 8
and 10.
158 Has the employer performed Manpower Act No. 13 of 2003,
hazard/risk management and control Arts. 86-87; Work Safety Act
and conducted regular reviews of No. 1 of 1970, Art. 9; Minister
occupational safety and health of Manpower Decree No.
performance in the factory? KEP.187/MEN/1999, Arts. 7-9;
PER.18/MEN/XI/2008, Art. 2
(1); Government Regulation
No.
159 Does the employer has a written Work Safety Law No. 1 of
emergency preparedness procedure? 1970, Government Regulation
No. 50 of 2012 concerning
Management System Art. 11.

Occupational Safety and OSH Management C 160 Does the employer record, investigate and report
Health Systems h work-related accidents and diseases to the Local
e Manpower Office?
m
i
c
a
l
s
a
n
d
161 Does the factory investigate, monitor and
H
a measure OSH issues to identify root causes
z and make necessary
a adjustments to prevent re-occurrence?
r
d
o 162 Does the employer have the required
u certificates for the installation/ operation of
s electrical installations and other machines and
S equipment?
u
b
s
t
a
n
c 163 Does the employer ensure the building is safe
e
and maintain legally required permits?
s
Does the employer fail to comply with any

164 requirements regarding chemicals and Does the employer keep an
hazardous substances? inventory of chemicals and
hazardous substances Work Safety Law M 30, Art. 6; Minister of Manpower and
used in the workplace? No. 1 of a Transmigration Regulation No.
1970, Art. n Per.01/MEN/1982; Minister of
11; Minister a Manpower Regulation No. Minister of
of g Manpower and Transmigration
Manpower e Decree No. KEP.75/MEN/2002, Art.
Regulation m 2.; Per.04/MEN/1985; Minister of
No. e Manpower Regulati
PER.03/MEN n Work Safety Act No. 1 of 1970,
/1998, Art. t Art.3.o.; Building Act No. 28 of
2; Minister S 2002 Art. 8, 17 and 40 ; Government
of y Regulation No. 36 of 2005, Art 33, 71,
Manpower s 79, 80;
and t Civil Work Minister Decree No.
Cooperative e 16 of 2010, Art. 3.
s No. KEP- m
A Minister of Manpower Decree
116/MEN/1 No. KEP.187/MEN/1999, Arts.
977, r
t 7, 8, and Appendix 2.
Appendix;
Minister of s
Manpower 1
Regulation 1
No. ,
PER.01/MEN 14
/1981, Art. &
2. 15
Government .
Regulation N S
Work Safety Law t
No. 1 of e
1970. a
Government m
Regulation No. A
50 of 2012 c
concerning t
Implementation 1
of OSH 9

Occupational Safety and Chemicals and 165 Does the employer fail to comply with Has the employer appointed a Chemical Officer? Minister of Manpower Decree
Health Hazardous any requirements regarding chemicals No. KEP.187/MEN/1999, Arts.
Substances and hazardous substances? 14, 16, and 17.
166 Does the employer have chemical safety data Minister of Manpower Decree
sheets for the hazardous chemicals used in the No. KEP.187/MEN/1999, Arts.
workplace, and are the chemicals properly 3-5.
labelled?
167 Are chemicals and hazardous substances properly Minister of Manpower Decree
stored? No. KEP.187/MEN/1999, Art. 2.
168 Does the employer provide adequate washing Minister of Manpower Decree
facilities and cleansing materials in the event of No. KEP.187/MEN/1999, Art.
exposure to hazardous chemicals? 2; Minister of Manpower and
PER.15/MEN/VIII/2008, Art. 8
(3).
169 Has the employer trained all workers who work Minister of Manpower Decree
with chemicals and hazardous substances? No. KEP.187/MEN/1999, Art.
19(2c).
Worker Protection 170 Does the employer comply with Manpower Act No. 13 of 2003,
ergonomic requirements? Art. 86; Work Safety Act No. 1
of 1970, Art 3(m, p); Minister
of Manpower Regulation No. 5
of 1985; Minister of
Manpower Regulation No. 7 of
1964, Art. 9
171 Are electrical wires, switches and plugs Work Safety Act No. 1 of 1970,
properly installed, grounded, and Art. 3(q).
maintained?
172 Are appropriate safety warnings Work Safety Act No. 1 of 1970,
posted in the workplace? Arts. 9, 14.
173 Are workers punished if they remove Manpower Act No. 13 of 2003,
themselves from work situations that Art. 86; Work Safety Act No. 1
they believe present an imminent and of 1970, Art. 12; Minister of
serious danger to life or health? Manpower Regulation No.
PER.01/MEN/1981, Art. 5 (5).
Occupational Safety and Worker Protection 174 Are all workers trained and obliged to Work Safety Act No.1 of 1970,
Health use the personal protective equipment Arts. 9, 12-14; Minister of
that is provided? Manpower Regulation No.
PER.01/MEN/1981, Art. 5(2);
Minister of Manpower
Regulation No.
PER.08/MEN/VII/2010, Arts. 6,
7(c, f).
175 Are all workers trained and obligated Work Safety Act No. 1 of 1970,
to use machines and equipment safely? Arts. 9, 14.
176 Are proper guards installed and Work Safety Act No. 1 of 1970,
maintained on all dangerous moving Art. 3. Minister of Manpower
parts of machines and equipment? Regulation No. 4 of 1985, Art. 4
177 Does the employer provide workers Work Safety Act No. 1 of 1970,
with all necessary personal protective Arts. 9, 14; Minister of
clothing and equipment? Manpower Regulation No.
PER.01/MEN/1981, Art. 4 (3);
Transmigration Regulation
No.PER.08/MEN/VII/2010, Art.
2.
178 Do the operators/ technicians/ officers Steam Act 1930, Art. 6;
responsible for machinery/ Minister of Manpower and
equipment/ installations/ lifting Transmigration Regulation No.
equipment have the required license? Per.01/MEN/1982; Minister of
Manpower Regulation No.
Per.04/MEN/1985; Minister of
Per.05/MEN/1985; Minister of
Per.01/MEN/1988;
Working 179 Is the workplace climate measured by Work Safety Act No. 1 of 1970,
Environment the employer, and in line with Art. 3; Ministerial Regulation
applicable standards? No. 13/2011.

Occupational Safety and Working 180 Are noise levels measured by the Work Safety Act No. 1 of 1970,
Health Environment employer and in line with applicable Art. 3; Minister of Manpower
standard? Regulation No. PER-
13/MEN/2011, Appendix I.
181 Is the workplace adequately lit? Work Safety Act No. 1 of 1970,
Art. 3; Minister of Manpower
Regulation No. 7 of 1964, Arts.
11-14;Minister of Health
Decree No.
1405/MENKES/SK/XI/2002,
Appendix 2, Section V.
Welfare Facilities 182 Does the employer provide adequate Minister of Manpower
lockers for workers to store their Regulation No. 7 of 1964, Art.
personal belongings? 7(6).
183 Does the workplace have an adequate Manpower Act No.13 of 2003,
eating area? Art. 100; Minister of
Circular No. SE.01/MEN/1979.
184 Does the workplace have adequate Manpower Act No. 13 of 2003,
accessible toilets (separated by sex)? Arts.86, 100; Minister of
Manpower Regulation No. 7 of
1964, Art. 6 (2).
185 Does the workplace have adequate Manpower Act No.13 of 2003,
hand washing facilities and adequate Arts. 86, 100; Minister of
soap? Manpower Regulation No.7 of
1964, Art. 7.
186 Does the employer provide workers Manpower Act No.13 of 2003,
enough free safe drinking water? Art. 86; Minister of Manpower
Regulation No. 7 of 1964, Art.
8(5); Minister of Health
Decree, No.
907/MENKES/SK/VII/2002, Art.
2(2).

Occupational Safety and Health Services and 187 Does the employer provide workers Work Safety Act No. 1 of 1970,
Health First Aid with pre-assignment, annual and Arts. 2, 8; Minister of
special medical checks when required? Manpower and Transmigration
Regulation No.
Per.02/MEN/1980, Arts. 2, 3,
5, 9; Minister of Manpower
Regulation No.
PER.01/MEN/1981, Art. 5.
188 Does the employer address safety and Manpower Act No.13 of 2003,
health risks to female workers, Arts. 76, 83. Joint Decrees No.
including to pregnant or nursing Kep 22/BW/1996 and 202/BM
workers? / DJ/BGM/II/1996.
189 Does the employer provide adequate Manpower Act No.13 of 2003,
first-aid facilities? Art. 100; Minister of
Regulation No.
PER.15/MEN/VIII/2008, Arts. 2,
8, 9.
190 Does the employer provide required Minister of Manpower
medical services? Regulation No.
PER.3/MEN/1982
191 Does the employer comply with Minister of Manpower and
requirements on HIV/AIDS? Transmigration Decree No.
KEP.68/MEN/IV/2004, Art. 5;
Director-General of Manpower
Management and Monitoring
Decision No.
KEP.20/DJPPK/VI/2005,
Sections A-D.
192 Has the employer ensured that there Work Safety Act No. 1 of 1970,
are a sufficient number of readily Art. 9; Minister of Manpower
accessible first aid boxes/ supplies in and Transmigration Regulation
the workplace? No. PER.15/MEN/VIII/2008,
Appendixes II, III.

Occupational Safety and Health Services and 193 Does the workplace have adequate Work Safety Act No. 1 of 1970,
Health First Aid trained first aid officers? Art. 9; Minister of Manpower
and Transmigration Regulation
No. PER.15/MEN/VIII/2008,
Arts. 2, 5, Appendix I.
Worker 194 Do workers and/or supervisors stay in Is the accommodation adequately protected Manpower Act No.13 of 2003,
Accommodation dorms on the factory premises, or do against heat, cold, and dampness? Art. 100 and Explanatory Note.
workers stay in offsite housing that is
managed by the employer?
195 Is the accommodation protected against disease Manpower Act No.13 of 2003,
carrying animals or insects? Art. 100 and Explanatory Note.
196 Is the accommodation protected against noise? Manpower Act No.13 of 2003,
Art. 100 and Explanatory Note.
197 Is the accommodation adequately ventilated? Manpower Act No.13 of 2003,
198 Does the accommodation have adequate cooking Manpower Act No.13 of 2003,
and storage facilities? Art. 100 and Explanatory Note.
199 Is the accommodation adequately lit? Manpower Act No.13 of 2003,
200 Does the accommodation offer workers adequate Manpower Act No.13 of 2003,
privacy? Art. 100 and Explanatory Note.
201 Is the accommodation protected against fire? Manpower Act No.13 of 2003,
202 Does the accommodation comply with minimum Manpower Act No.13 of 2003,
space requirements? Art. 100 and Explanatory Note.
203 Is the accommodation separate from the Manpower Act No.13 of 2003,
workplace (even though it may be in the same Art. 100 and Explanatory Note.
compound/industrial park)?
204 Does the accommodation have enough safe Manpower Act No.13 of 2003,
water? Art. 100 and Explanatory Note.
205 Does the accommodation have adequate toilets, Manpower Act No.13 of 2003,
showers, sewage and garbage disposal systems? Art. 100 and Explanatory Note.
Occupational Safety and Worker 206 Do workers and/or supervisors stay in Has the employer adequately prepared for Manpower Act No.13 of 2003,
Health Accommodation dorms on the factory premises, or do emergencies in the accommodation? Art. 100 and Explanatory Note.
workers stay in offsite housing that is
managed by the employer?
Emergency 207 Does the workplace have a fire Work Safety Act No. 1 of 1970,
Preparedness detection and alarm system? Art. 3(1)(b); Minister of
KEP.186/MEN/1999, Art. 2
(2b); Minister of Manpower
Regulation No.
Per.02/MEN/1983, Arts. 3, 7.
208 Does the workplace have adequate fire- Work Safety Act No. 1 of 1970,
fighting equipment? Arts. 3, 9; Minister of
Regulation No.
Per.04/MEN/1980, Arts. 4, 11,
12.
209 Are emergency exits and escape routes Work Safety Act No. 1 of 1970,
clearly marked and posted in the Arts. 3, 9.
workplace?
210 Are there enough emergency exits? Work Safety Act No. 1 of 1970,
Art. 3.
211 Are the emergency exits accessible, Work Safety Act No. 1 of 1970,
unobstructed and unlocked during Art. 3; Minister of Manpower
working hours, including overtime? Instruction No.
INS.11/M/BW/1997, Art.5.
212 Does the employer conduct periodic Work Safety Act No. 1 of 1970,
emergency drills? Arts. 3, 9; SNI 06-6464-2000
Emergency Preparedness
Article 5.2.4.
213 Has the employer appointed and Work Safety Act No. 1 of 1970,
trained a fire management team? Arts. 3, 9; Minister of
KEP.186/MEN/1999, Arts. 2-6.

Occupational Safety and Emergency 214 Are flammable materials safely stored? Work Safety Act No. 1 of 1970,
Health Preparedness Arts. 3, 9.
215 Are possible sources of ignition Work Safety Act No. 1 of 1970,
appropriately safeguarded? Arts. 3, 9.
Working Time Fact-Gathering 216 Do workers work for 7 or more days in

Questions a row (including overtime on weekly
rest days)?
Regular Hours 217 Do regular daily and weekly working Manpower Act No. 13 of 2003,
hours exceed legal limits (40 hours per Arts. 77, 79. Minister of
week; 7 hours a day, 6 days a week or Manpower and Transmigration
8 hours per day, 5 days a week)? Decree No.
KEP.102/MEN/VI/2004, Art. 3,
7.; Joint Decrees of Minister of
Manpower and
Transmigration, and Chief of
Indonesian National Police No.
KEP-275/MEN/1989 No. POL-
218 Do the attendance records reflect the Manpower Act No. 13 of 2003,
hours actually worked? Arts. 77-78; Minister of
Decree No.
KEP.102/MEN/VI/2004, Arts. 3,
4.
219 Is overtime voluntary? Manpower Act No. 13 of 2003,
Overtime
Art. 78(1)(a); Minister of
Decree No.
KEP.102/MEN/VI/2004, Art. 6.
220 Does the employer prepare written Minister of Manpower and
instructions on overtime? Transmigration Decree No.
KEP.102/MEN/VI/2004, Art. 6.

Working Time Overtime 221 Is overtime limited to 3 hours per day, Manpower Act No. 13 of 2003,
14 hours per week? Art. 78; Minister of Manpower
KEP.102/MEN/VI/2004, Arts. 3-
4.
Leave 222 Does the employer fail to provide Does the employer provide 12 days of annual Manpower Act No. 13 of 2003,
workers time off for any required leave per year? Art. 79 (2c, 3).
breaks or types of leave?
223 Does the employer allow workers to take time off Manpower Act No. 13 of 2003,
for paternity/ personal or family matters as Art. 93 (2, 4, 5).
required by national law?
224 Does the employer allow workers to take time off Manpower Act No. 13 of 2003,
when they are sick? Arts. 93(2, 5), 153.
225 Can female workers take time off when they feel Manpower Act No. 13 of 2003,
pain during the first two days of menstruation Arts. 81, 93(2, 5).
and they notify the employer?
226 Does the employer provide 1.5 months of Manpower Act No. 13 of 2003,
maternity rest before a worker’s estimated due Art. 82.
date and another 1.5 months after delivery?
227 Does the employer provide opportunities for Manpower Act No. 13 of 2003,
breastfeeding breaks? Art. 83 and Explanatory Notes;
Health Act No. 36 of 2009, Art.
128; Joint Regulation No.
48/Men.PP/XII/2008, No PER.
27/MEN/XII/2008, No.
1177/Menkes/PB/XII/2008;
Minister of Women
Empowerment and Child
Protection Regulation N
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Better Work Compliance Assessment Tool

Key Strengths and Fact-Gathering 1 Key strengths:

15 Is race, colour or origin a factor in decisions C111; Manpower Act No. 13 of

19 Is religion or political opinion a factor in decisions

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Is religion or political C111; Manpower Act No. 13 of

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23 Is gender a factor in decisions regarding C111; Manpower Act No. 13 of

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Compensation Fact-Gathering 82 Does the employer properly inform

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127 Does the factory have a valid business

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Does the employer fail to comply with any

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Working Time Fact-Gathering 216 Do workers work for 7 or more days in

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