Background
The Minister of Manpower issued the Minister of Manpower Regulation No 36 Year 2016 on Implementation of Domestic Internship (“Minister Regulation No. 36/2016”). The Minister Regulation No. 36/2016 revokes the Minister of Manpower and Transmigration Regulation No PER 22/MEN/IX/2009, which previously regulated the implementation of domestic internship.
Domestic Internship
The internship program can only be conducted by a company which has training units. Under the Minister Regulation No. 36/2016, the training units must have organizational structure, training personnel and internship adviser, place for theory and practice, and scheme of internship program. The companies can make a cooperation with the training institute, if the companies do not have training units.
A company can only accept internship participants maximum 30% from the total number of the employer. There are several changes regarding the requirements for the internship participants, as follows:
- minimum 17 years old;
- physically and spiritually healthy; and
- pass the selection process.
The Minister Regulation No. 36/2016 also changes several requirements that need to be owned by the internship organizer, as follows:
a. Internship Program
The internship program shall have the name of internship program, purpose, competence that will be reached, estimated internship period, requirements of the internship participants and adviser, curriculum and syllabus.
b. Facilities and Infrastructure
The facilities and infrastructure that need to be owned are place for teaching theories, simulation, and completeness of safety and health equipment, including the activity book.
c. Internship Adviser
The Minister Regulation No. 36/2016 also provides requirements of internship adviser, as follows:
- permanent employees;
- physically and mentally healthy;
- competent in training methodology;
- appointment letter as advisor; and
- understand the internship regulation.
Internship Agreement
Under the Minister Regulation No. 36/2016, the internship agreement consists of:
- right and obligation of internship participants;
- right and obligation of internship organization; and
- amount of pocket money to the internship participants.
The internship agreement must be made according to the format of agreement as set out in the Minister Regulation No. 36/2016. The internship agreement must be known and legalized by the city/regency manpower agency.
Implementation of Internship
The internship organizer that wants to conduct internship program shall also made a written notification to (a) director general for the implementation of internship in provinces, (b) head of provincial agency for the implementation of internship in cross city/regency, or (c) head of city/regency agency for the implementation of internship in a regency/city. The internship hours must be adjusted to the working hours in the company. The internship hours cannot be made during the overtime, official holiday and at night.
If the internship participant does not meet the competency standards, the company then will only give a reference letter to the internship participants. The format of reference letter shall be made according to the format as set out in the Minister Regulation No. 36/2016.
Gisella Octavianty Nainggolan
