Polemics over Internship Contracts in the Teacher’s Room! What are the Rules?

Last week, learning startup Ruang Guru was discussed on Twitter.
Ruang Guru is considered to deliberately use interns in order to pay employees cheaply.
This case went viral after several people gave similar statements.
Netizens then also debated about the internship system that has been happening in Indonesia, from the problem of companies that are considered exploiting interns, work contracts between companies and interns that are not appropriate, to the absence of knowledge gained during internships.
Imam Usman, co-Founder of Ruang Guru through his personal Twitter then gave a statement that Ruang Guru pays all interns competitively and unlike other companies, he emphasized that there are no unpaid interns at Ruang Guru.
Then, what are the actual rules of internships in Indonesia and what are the rights that interns should get?
Kontrak Hukum will discuss it below.

Internship Rules

Specifically, the rules of apprenticeship in Indonesia are regulated in Law No. 13 of 2003 concerning Manpower and Minister of Manpower Regulation No. 6 of 2020 concerning the Implementation of Apprenticeship in the Country.
In the regulation, apprenticeship is defined as part of a job training system that is organized in an integrated manner between training at training institutions and working directly under the guidance and supervision of instructors or more experienced workers/laborers, in the process of producing goods and/or services in companies, in order to master certain skills or expertise.
Companies as apprenticeship organizers can only accept apprentices at a maximum of 20% of the number of workers in the company.
Please note that the working time or hours for apprentices can be adjusted to the working hours in the company.
If the working time in the company uses a shift system, then the night shift is only allowed with conditions, including the age of the apprentice is at least 18 years old, the company must also provide shuttle transportation, provide food in accordance with the specified nutritional standards, and the work provided is in accordance with the type of competence required.
However, the implementation time or working hours are not allowed on official holidays set by the government.  

Employment Agreement

Although apprenticeship systems usually do not last long or only a few months, they should still be implemented on the basis of an agreement between the apprentice and the company.
This agreement must also be in writing.
Similar to other agreements, apprenticeship agreements must contain at least :

1. Rights and obligations of apprentices.
2. Rights and obligations of apprenticeship organizers.
3. Apprenticeship program.
4. Apprenticeship period
5. Allowance amount.

Based on Article 13 and Article 14 of Permenaker No. 6/2020, apprentices have the right to:

1. receive guidance from apprenticeship mentors or instructors.
2. obtain the fulfillment of rights in accordance with the apprenticeship agreement.
3. obtain occupational safety and health facilities during the apprenticeship.
4. receive an allowance that covers transportation costs, meals, and incentives for apprenticeship participants.
5. are included in the social security program.
6. obtain an apprenticeship certificate or certificate of having participated in the apprenticeship.

In addition to the above rights, apprentices also have obligations to :

1. comply with the apprenticeship agreement.
2. follow the apprenticeship program to completion.
3. obey the rules and regulations that apply in the apprenticeship organizer.
4. maintain the good name of the apprenticeship organizer.

The period of apprenticeship may vary because it can be adjusted to the time required by the company to achieve the competency standards set in the apprenticeship training program.
Apprenticeships held without an apprenticeship agreement can be considered invalid and result in a change in the status of apprentices to become employees of the company concerned.
Read also: The Polemic of Apprentice Children Again, What Are the Rules?

KH Contact

Well Friend KH, those are the provisions regarding internships in Indonesia including the rights and obligations of interns.
If you have any questions regarding the legality of employment in Indonesia or other legal issues, don’t hesitate to contact Kontrak Hukum at the Ask KH link!
Also read: KH Services – Contracts and Agreements