Perjanjian Kerja Bersama Agreement

A company can only have a collective agreement (PKB) that applies to all its employees. For businesses with branches, the parent company PKB is applicable in all branches and can be considered a spin-off for each branch. For companies that are members of a group but each have a separate legal entity, the PKB is established and negotiated by each company. The above view emerges from Labour Act 13 of 2003, Article 1, paragraph 21. The Employment Agency is as follows: “corporate regulations” and “collective agreements” differ in labour law. Therefore, the following differences are described. In principle, the PKB is not a document that should belong to all companies, but a means of including new agreements when both parties (companies and employees) need them. The PKB is conducted through a negotiation and then registered with the relevant office, the content of which binds the two parties to be implemented. Employment contracts are not cancelled due to the death of the employer or the awarding of rights to the company caused by sales, estates or subsidies.

In the event of a transfer of the company, the rights of workers/employees will be the responsibility of the new employer, unless the transfer contract indicates something else that does not diminish the rights of workers.” If the employer, an individual, dies, the heir of the employer may terminate the employment contract after negotiation with the worker. If the worker dies, the heirs of the worker are entitled to their rights in accordance with existing laws and regulations or rights, which are governed by employment contracts, enterprise agreements or collective agreements. If one of the parties terminates the employment relationship before the expiry of the period set by the central counterparty or if the termination of the employment relationship is not due to the provisions of Section 61, paragraph 1, of the Employment Contracts Act[2], the party terminating the employment relationship is required to pay the other party equal compensation until the expiry of the employment contract.

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