ข้อพิพาทการชำระเงิน
CHAPTER I
GENERAL PROVISIONS ARTICLE
1 Under this Act, the following definitions shall apply:
1. An Industrial Relations Dispute is a difference of opinion resulting in a dispute between employers or an association of employers with workers/labourers or trade unions due to a disagreement on rights, conflicting interests, a dispute over termination of employment, or a dispute among trade unions within one company.
2. Dispute over rights is a dispute arising over the nonfulfillment of rights, as a result of differences in implementation or interpretation concerning the laws and regulations, work agreements, company regulations, or the collective labour agreement.
3. Dispute over interest is a dispute arises in the work relationship due to non-convergence of opinions in the drawing up of, and/or changes in the work requirements as stipulated in the working agreement, or company regulations, or collective labour agreement.
4. A dispute over termination of employment is a dispute arising from the lack of convergence of opinions regarding the termination of employment as conducted by one of the parties.
5. A dispute among trade unions is dispute between one trade union and another trade union within one company, due to the fact there is non-convergence regarding membership, implementation of rights, and obligations to the union.
6. An entrepreneur is: a. An individual, a partnership or a legal entity that operates a self-owned enterprise; b. An individual, a partnership or a legal entity that independently operates a non-self-owned enterprise; c. An individual, a partnership or a legal entity located in Indonesia and representing an enterprise as mentioned under point a and point b that is domiciled outside the territory of Indonesia.
7. An enterprise is: a. Every form of business, which is either a legal entity or not, which is owned by an individual, a partnership or a legal entity that is either privately owned or state owned, which employs workers/ labourers by paying them wages or other forms of remuneration; b. Social undertakings and other undertakings with officials in charge and which employ people by paying the wages or other forms of remuneration.
8. A trade union/labour union is an organization that is formed from, by and for workers/ labourers either within an enterprise or outside of an enterprise, which is free, open, independent, democratic, and responsible in order to strive for, defend and protect the rights and interests of the worker/ labourer and increase the welfare of the worker/ labourer and their families.
9. A worker/labourer is any person who works and receives wages or other forms of remuneration. 10. Bipartite bargaining is meeting between the workers/ labourers or trade unions and the employers to resolve disputes in industrial relations.
11. Industrial Relations Mediation that hereinafter referred as to mediation is the settlement of disputes over rights, conflict over interests, disputes over termination of the work relationship, and disputes between worker/labour unions within one company only through deliberations that are interceded by one or more mediators who are neutral.
12. An Industrial Relations Mediator that hereinafter referred as to a mediator is a government agency employee responsible for the manpower field who meet the requirements as a mediator, and is appointed by the Minister for the duty of carrying out mediation and has an obligation to provide a written recommendation to the parties in dispute in order to resolve disagreements over rights, conflict over interests, disputes over termination of working relationships, and disputes between trade unions within one company.
13. Industrial Relations Conciliation that hereinafter referred as to conciliation is the settlement of disputes over interests,disagreements over termination of work relationships, or disputes between trade unions within one company only, through deliberations interceded by one or more neutral conciliators.
14. An Industrial Relations Conciliator who hereinafter referred as to a conciliator is one or more persons who meet the requirements as a conciliator and is appointed by the Minister, who is assigned to carry out conciliation and is obliged to give a written recommendation to the parties in dispute to resolve the disagreements over interests, dispute over termination of the work relationship, or a dispute between the trade unions within a single company.
15. Industrial Relations Arbitration that hereinafter referred as to arbitration is the resolution of a dispute over interests, and disputes between trade unions within one company only, outside the Industrial Relations Court through a written agreement from the parties in dispute who agree to submit the settlement of the dispute to an arbiter whose decision is binding on the parties involved and is final.
16. An Industrial Relations Arbiter who hereinafter referred as to an arbiter is one or more pers