COMPANY’S OBLIGATION TO CARRY OUT PERIODIC MEDICAL EXAMINATION FOR ITS EMPLOYEE

CONTRACT-AGREEMENT-IN-ACADEMIC-DRAFT-AND-BILL-OF-INDONESIAN-PRIVATE-INTERNATIONAL-LAW
CONTRACT/AGREEMENT IN ACADEMIC DRAFT AND BILL OF INDONESIAN PRIVATE INTERNATIONAL LAW
August 3, 2017
RULES-AND-REGULATIONS-CONCERNING-LEAVE-OF-EMPLOYEES
RULES AND REGULATIONS CONCERNING LEAVE OF EMPLOYEES
August 5, 2017

Many people are not aware that a company has an obligation to carry out a periodic medical examination of its employee.  This matter is being regulated under Article 35 Paragraph 3 of Law Number 13 of 2003 concerning Manpower, whereas the employers as mentioned in paragraph (1) are under an obligation to provide protection which shall include protection for their welfare, safety, and health both mental and physical.

Furthermore, Article 8 Paragraph 2 of the Law of the Republic of Indonesia Number 1 of 1970 concerning Work Safety stipulated that the Manager has the duty to make all the workers under his/her authority to check up their health regularly with the Doctor who is appointed by the entrepreneur and is approved by the director.  The Manager is an individual who has the duty to directly lead a certain workplace or its branch that stands independently (Article 1 Paragraph 3 of the Law of the Republic of Indonesia Number 1 of 1970 concerning Work Safety).

Hence, under the provision as mentioned above, a company in general and the company’s manager in specific are obligated to carry out a medical examination for all of the employees in the company periodically.

Furthermore, under Article 3 Paragraph 1 of Regulation of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety it is being regulated that the Periodic Medical Examination is intended to maintain the worker’s health in a certain degree after he /she carried out his/her works, and to assess a possibility of any effects from the work that may be required to be controlled through prevention efforts as soon as possible.

All companies must at least carry out a periodic medical examination of its employee once a year, unless determined otherwise by the Directorate General for Industrial Relations and Manpower Protection (Article 3 Paragraph 2 of Regulation of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety).  The Periodic Medical Examination including a complete physical examination, physical fitness, lungs x-ray (if possible) and routine laboratory and other examination which deemed necessary (Article 3 Paragraph 3 of Regulation of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety).

Furthermore, the entrepreneur or manager and doctor must arrange guidance on periodic medical examination in accordance with the requirements of each type of works in the company (Article 3 Paragraph 4 of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety).  Such guidance will be developed further following the capability of the company and medical advances in work safety (Article 3 Paragraph 5 of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety).

If there is an issue in the health of the workers (health disorders or health disturbances) to be found at the periodic medical examination, the manager must carry out a follow up to improve such issue and its causes to guarantee the implementation of work health and safety (Article 3 Paragraph 6 of the Minister of Manpower and Transmigration Number PER-02/MEN/1980 concerning Medical Examination of Workers in Organizing Work Safety).

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