| Translation of the
Sarasa agreement
COLLECTIVE AGREEMENT
Number: 11/PP-PB/10/04
(Translated courtesy WRC)
On Monday, the eleventh of October, in
the year two thousand and four (11-10-2004),
we the undersigned:
Name : JAP SANJAYA
Employment : representative of the Stock
Holders of the HONGKONG SHANGHAI BANK TRUST
Address : Tiang Bendera St. III No.50 West
Jakarta
In this agreement he can take action for
and in the name of the Stock Holders of
the HONGKONG SHANGHAI BANK TRUST; the party
that will henceforth referred to as the
FIRST PARTY.
1. Name : JOKO WITONO
Employment : former employee of PT.Sarasa
Nugraha Tbk, Union President SPTP PT.Sarasa
Nugraha Tbk.
2. Name : JOKO RAGIL
Employment : former employee of PT.Sarasa
Nugraha Tbk, Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
3. Name : AGUS WIYONO
Employment : former employee of PT.Sarasa
Nugraha Tbk, Humanitarian Division SPTP
PT.Sarasa Nugraha Tbk.
4. Name : SAFEI
Employment : former employee of PT.Sarasa
Nugraha Tbk, Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
5. Name : TRIYATNO
Employment : former employee of PT.Sarasa
Nugraha Tbk Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
6. Name : SISWOYO
Employment : former employee of PT.Sarasa
Nugraha Tbk selaku Member of Advocacy Division
SPTP PT.Sarasa Nugraha Tbk.
7. Name : NURDIN
Employment : former employee of PT.Sarasa
Nugraha Tbk selaku Member of Advocacy Division
SPTP PT.Sarasa Nugraha Tbk.
In this agreement these former employees
represent all former employees of PT.Sarasa
Nugraha Tbk. and will be referred to as
the SECOND PARTY.
In the effort to resolve the problem of
the Termination of Employment of 1.000 (on
thousand) people from PT.Sarasa Nugraha
Tbk Balaraja Kabupaten Tangerang the FIRST
PARTY and the SECOND PARTY have engaged
in deep negotiations and discussions, and
have thus come to agreed on the following:
1. The FIRST PARTY will reinstate approximately
800 (eight hundred) people from the group
of former PT.Sarasa Nugraha Tbk employees.
The people will be rehired as new employees
[zero seniority], and will undergo a 3 month
trial period. Those that pass this trial
period successfully will then be hired as
permanent employees.
2. The FIRST PARTY will pay the employees
that are not continuing on, and those who
do not pass the 3-month trial period 2 (two)
times the Tangerang Regional Minimum Wage
(UMK) of 2004. [The UMK Tangerang of 2004
is Rp 660,000/ month; times two (x2) that
comes to = Rp 1,320,000 ($155 USD).]
3. The FIRST PARTY will pay returning employees
Rp. 250.000 (two-hundred and fifty thousand
rupiah) per person.
4. The FIRST PARTY will compensate all
employees for any unused annual leave from
the calendar year 2003.
5. The payments of items 2, 3, and 4 will
be made by the FIRST PARTY to the SECOND
PARTY in accordance with the following schedule:
from October 13 to October 20, 2004. Payment
will take place at the Police Department
of Balaraja, Tangerang Region.
6. The FIRST PARTY will restart the operations
of the company according to the following
schedule:
a. The Officers of SPTP will deliver the
list of names of employees who wish to return
to work to the management team by no later
than November 10, 2004.
b. Staff recruitment will take place between
the 22 and 30th of November, 2004.
c. Operational preparations will take place
between the 1 and 6 of December, 2004.
d. Final operational alignment will take
place December 7 to 30, 2004.
e. By the 2nd of January, 2005 the company
should be operating at full capacity again.
f. Employees that wish to return must provide
Management with a new work application and
the following documentation attached:
- Photocopy of one's KTP [national id card
of Indonesia]
- 2 passport photos that are 2x3cm, and
2 more that are 3x4cm
- A certificate stating that one is in good
health from a doctor
7. This Collective Agreement is part of
and cannot be separated from the Collective
Agreement made between PT.Sarasa Nugraha
Tbk Management and the officers of SPTP
on the 11th of October, 2004, Number SRS/11/10/04
dated 11 October 2004.
If any disagreements arise during the implementation
of this Collective Agreement the FIRST PARTY
and SECOND PARTY will resolve them through
negotiations and a unanimous decision. If
a unanimous decision cannot be made the
FIRST PARTY and SECOND PARTY agree to take
the dispute to the National Court in the
Tangerang Region.
With that, this Collective Agreement was
made through negotiations and unanimous
agreement, without force, influence, or
pressure from any party, and was signed
by the two parties as described above.
[signatures]
SECOND PARTY, FIRST PARTY
1. JOKO WITONO JAP SANJAYA
Representative of the Company
[he doesn't state which company specifically]
2. JOKO RAGIL
Witnessed by
3. AGUS WIYONO
4. SAFEI YULIANA NATA
Representative of PT.SRSN, Tbk
5. TRIYATNO
6. SISWOYO DAVID HARYANTO
Wakil Investor Baru
7. NURDIN
COLLECTIVE AGREEMENT
Number: SRS / 11 / 10 / 04
On Monday, the eleventh of October, in
the year two thousand and four (11-10-2004),
we the undersigned:
Name : YULIANA NATA
Employment : Director of Operations PT.Sarasa
Nugraha Tbk
Address : Graha Kencana Suite 9 A Jalan
Raya Perjuangan Kebon Jeruk
Jakarta Barat
In this agreement she can take action for
and in the name of PT.Sarasa Nugraha Tbk;
the party that will henceforth referred
to as the FIRST PARTY.
1. Name : JOKO WITONO
Employment : former employee of PT.Sarasa
Nugraha Tbk, Union President SPTP PT.Sarasa
Nugraha Tbk.
2. Name : JOKO RAGIL
Employment : former employee of PT.Sarasa
Nugraha Tbk, Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
3. Name : AGUS WIYONO
Employment : former employee of PT.Sarasa
Nugraha Tbk, Humanitarian Division SPTP
PT.Sarasa Nugraha Tbk.
4. Name : SAFEI
Employment : former employee of PT.Sarasa
Nugraha Tbk, Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
5. Name : TRIYATNO
Employment : former employee of PT.Sarasa
Nugraha Tbk Member of Union Training and
Education Division SPTP PT.Sarasa Nugraha
Tbk.
6. Name : SISWOYO
Employment : former employee of PT.Sarasa
Nugraha Tbk selaku Member of Advocacy Division
SPTP PT.Sarasa Nugraha Tbk.
7. Name : NURDIN
Employment : former employee of PT.Sarasa
Nugraha Tbk selaku Member of Advocacy Division
SPTP PT.Sarasa Nugraha Tbk.
In this agreement these former employees
represent all former employees of PT.Sarasa
Nugraha Tbk. and will be referred to as
the SECOND PARTY.
After engaging in negotiations and meetings
from the 27th of August to October 11th,
in an effort to resolve the problems regarding
the rights of employees from PT.Sarasa Nugraha
Tbk Balaraja Kabupaten Tangerang who are
being terminated, the following has been
agreed to:
1. The FIRST PARTY will pay a severance
amount to 1000 (one thousand) employees
equal to ½ (half) times article 156
of Act Number 13 year 2003 regarding Manpower.
2. The FIRST PARTY will pay the all outstanding
wages from January 26, 2004 to February
3, 2004.
3. The FIRST PARTY will pay the wages and
maternity leave compensation to pregnant
employees and employees who recently gave
birth as they are entitled by law.
4. The payment of items 1 and 3 will be
carried out by the FIRST PARTY according
to the following schedule: the 13th to through
the 20th of October 2004. Payment will take
place at the Police Department of Balaraja,
Tangerang Region.
5. The SECOND PARTY will receive their
severance [the amount stated in item1],
their seniority pay, their housing and medical
compensation, and any outstanding duties
in wages, overtime, wages from paid leave,
and maternity leave compensation as stated
above in item 3. Any other outstanding duties
will be generously excused by the SECOND
PARTY and the rights handed over to the
FIRST PARTY.
6. The Termination of Employees between
the FIRST PARTY and the SECOND PARTY will
be in effect and legal once the SECOND PARTY
receives all of the payments from the FIRST
PARTY as described in points 1 through 3
above, and will be proven by receipts signed
by the receivers of the payment.
7. After the SECOND PARTY receives the
payments as described in points 1 through
3 above and it has been proven by receipts
signed by the receiving party, the Termination
of the Employment Relationship between the
FIRST PARTY and the SECOND PARTY will be
considered finalized. Furthermore, after
the termination is finalized both parties
unanimously agree not to make requests regarding
other rights at any point later in time.
With that, this Collective Agreement was
made through negotiations and unanimous
agreement, without force, influence, or
pressure from any party, and was signed
by the two parties as described above.
[signatures]
SECOND PARTY, FIRST PARTY
1. JOKO WITONO YULIANA NATA
2. JOKO RAGIL
Di saksikan oleh
3. AGUS WIYONO
4. SAFEI JAP SANJAYA
Wakil Investor Baru
5. TRIYATNO
6. SISWOYO DAVID HARYANTO
Wakil Investor Baru
7. NURDIN
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