On 21st March 2017 the Minister of Manpower issued Regulation No. 1 of 2017 on Wage Structure and Wage Scale ("Regulation 1"). Regulation 1 is the implementing regulation of Government Regulation 78 of 2015 on Wages and replaces Minister of Manpower and Transmigration Decree No. KEP.49/MEN/IV/2014.
Under Regulation 1 employers have until 23rd October 2017 to:
Regulation 1 defines:
Under Regulation 1, employers are required to prepare the wage structure and wage scale that are applicable in their organisation. In preparing the wage structure and wage scale, an employer should observe the classification, position/title, years of service, education and competency of the employees.
Under Regulation 1, wages that are set out in the wage structure and wage scale are basic wages only (there is no reference to fixed allowances).
The attachment of Regulation 1 sets out examples for determining the wage structure and wage scale. In preparing the wage structure and wage scale, employers can use those examples. However, employers are not required to do so. That is, employers have the freedom to determine the wage structure and wage scale using their own method.
Article 5 of Regulation 1 provides that the wage structure and wage scale are established by the management of the employer by way of a "decree". Regulation 1 does not provide further details on what is meant by "management of the employer" or "decree". If the employer is a company, the "management" should be the board of directors ("BOD") of the company. Ideally, a "decree" of the BOD should be in the form of a BOD resolution. However, we understand that a letter issued by the BOD containing the wage structure and wage scale should be sufficient.
Employers must inform all employees individually about the wage structure and wage scale, including details on which wage structure and wage scale is applicable to them.
Regulation 1 does not include any requirements for how employees need to be informed about the wage structure and wage scale applicable to them. We understand that the method of communicating the wage structure and wage scale to employees is at the discretion of the employer.
Although it is not specifically required under Regulation 1, we suggest that employers consider informing employees about their wage structure and wage scale in writing. If an employee later claims that he/she has not been informed about the wage structure and wage scale applicable to him/her, the employer will be able to prove that it has fulfilled its obligation to inform the employee.
Under Regulation 1 an employer is not required to report its wage structure and wage scale to the Ministry of Manpower ("MOM") or its local office. However, under Regulation 1 the wage structure and wage scale needs to be presented to the MOE or its relevant local office when an employer applies to:
The wage structure and wage scale presented will not be retained by the MOM or its local office. Instead, the employer will need to provide a statement letter confirming that it already has a wage structure and wage scale in place. This statement letter will be kept by the MOE or its local office.
Employers could face administrative sanctions if they fail to
Administrative sanctions can be in the form of:
It should also be noted that officials of the MOM can conduct inspections of employers at any time. We expect that after 23rd October 2017, wage structure and scale will be a matter that MOM officials will focus on during inspections. It is possible that MOM officials will ask employers about the wage structure and wage scale in inspections prior to 23rd October. However, if they do, the employer could simply inform the MOM officials that they are in the process of setting the wage structure and scale and will ensure it is done before 23rd October. Even if the wage structure and scale is not done before 23rd October and there was an inspection by MOM officials, at the worst the MOM officials would likely only issue a warning letter to the employer requesting them to comply with Regulation 1.
Hadiputranto, Hadinoto & Partners, Member of Baker & McKenzie International - 30th August 2017
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