If workers violate provisions of their work agreement, company regulations or collective bargaining agreement, employers may discipline workers through warnings and demotions, in proportion to the workers’ violation. Employers may terminate a worker’s employment after issuing three warnings.

Employers must resolve grievances and disputes in compliance with legal requirements. Where there is a dispute between an employer and a worker, the employer must first enter bipartite negotiations in good faith with the worker and/or with their union representative. If the parties fail to reach agreement, the dispute can be addressed to the Institution for the Settlement of Industrial Relations Disputes.

Supervisors must not use sanctions that are disproportionate to the workers’ behaviour, and may not bully, harass or subject workers to humiliating treatment. They should not hit or push workers, or throw things at them. Restricting access to food, water or toilets; threatening or shouting at workers, or publicly scolding workers in a degrading manner also are inappropriate.

LEGAL REFERENCES:

1. MANPOWER ACT NO. 13 OF 2003, ARTS. 86, 136 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 86, 136];
2. INDUSTRIAL RELATIONS DISPUTE SETTLEMENT ACT NO. 2 OF 2004 [UU PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL NO. 2 TAHUN 2004];
3. MOMT REGULATION NO. NO. PER.31/MEN/XII/2008 [PERATURAN MENAKERTRANS NO. PER.31/MEN/XII/2008].