Legal Literacy - This article discusses bipartite cooperation institutions as essential entities in industrial relations disputes. Let's take a look at the discussion.

Industrial Relations Dispute

Disputes that occur in industrial relations involve employers, namely companies, and employees or workers. Disputes or conflicts that occur between companies and workers often arise because of differences in interests. Companies that have a desire to obtain maximum profits, but on the other hand, workers who want to get the highest possible wages from their work and get a decent life, show that there are differences in interests.[1]

Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes (hereinafter referred to as Law Number 2 of 2004) also stipulates that disputes or conflicts within the scope of industrial relations include disputes of rights, disputes of interests, disputes over termination of employment, and disputes between trade unions/labor unions only within one company.

Law Number 13 of 2003 concerning Manpower in conjunction with Law Number 2 of 2004 mandates that disputes that occur between workers and employers are based on the principle of deliberation to reach a consensus.

Flow of Industrial Relations Dispute Resolution

The dispute resolution mechanism that occurs in industrial relations must first be used or started with alternative resolution. Industrial relations disputes cannot be directly brought to the industrial relations court, but must first be resolved through alternative resolutions contained in Law Number 2 of 2004.

The first stage in resolving the dispute is to resolve it through bipartite negotiations. If no agreement is found between the conflicting parties, then the minutes of the negotiation efforts are recorded with the agency responsible in the field of manpower, in this case the Manpower Office at the regency/city level.

The agency responsible in this case, the Manpower Office at the regency/city level, is obliged to offer the parties to carry out settlement using the conciliation method or through arbitration.[2] A conciliator is a person who is experienced in the field of employment relations and is proficient in employment laws and regulations appointed by the Minister, while Arbitration is a way of resolving civil disputes outside the court which is based on an arbitration agreement made in writing by the disputing parties.[3]

The final stage is when the parties do not find an agreement, the aggrieved party can file a lawsuit for an industrial relations dispute, which is submitted to the industrial relations court at the district court whose legal area covers the place where the worker/laborer works. In submitting the lawsuit, it is mandatory to attach the minutes of settlement through mediation or conciliation.[4]