Best Outsourcing Lawyers in Gresik

When a Gresik labor-outsourcing arrangement needs legal review

Labor outsourcing is common in Gresik’s manufacturing, industrial-estate, and port-linked operations, including around Manyar. Businesses may use service providers for work such as cleaning, security, maintenance, logistics, or production support.

Legal questions often concern which company employs the workers, who directs their day-to-day work, and whether written contracts protect wages and other employment rights. A lawyer can review the arrangement against Indonesian manpower rules and help address disputes before they disrupt operations.

Why you may need a lawyer

• A factory or warehouse in Gresik is changing service providers, and workers are concerned about continued employment, unpaid entitlements, or changes to their terms.

• A company operating in an industrial estate near Manyar or another Gresik industrial area needs to check its service agreement and the provider’s employment contracts before a contract begins.

• Workers say a vendor has failed to pay wages, overtime, holiday pay, or social-security contributions, or they are unsure which company must address the complaint.

• A user company is accused of controlling outsourced workers in a way that creates uncertainty about the actual employment relationship and responsibility for compliance.

• A vendor or user company faces a collective complaint, union involvement, or a proposed termination and needs to follow the required industrial-relations dispute process.

Indonesian laws that govern labor outsourcing in Gresik

Law No. 13 of 2003 on Manpower, as amended most recently by Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, provides the main statutory framework. Law No. 6 of 2023 was enacted on 31 March 2023.

Government Regulation No. 35 of 2021 addresses fixed-term employment agreements, labor outsourcing, working time and rest periods, and termination of employment. For outsourcing, it sets requirements for written agreements and protections for workers, including provisions relevant when a service provider changes and the work continues.

Law No. 2 of 2004 on Industrial Relations Dispute Settlement governs the process for resolving employment disputes. It requires bipartite negotiations first; if they fail, the parties may use the statutory dispute-settlement channels, including mediation through the relevant manpower office.

Frequently asked questions

What does labor outsourcing mean under Indonesian law?

It generally involves a service provider employing workers to perform work under an agreement with another company. The written arrangements and the actual working relationship both matter when assessing responsibilities and worker protections.

Does every Gresik business using a contractor need a lawyer?

No, but legal review is useful before signing or changing a significant service arrangement. It is especially valuable where many workers are affected, employment terms are changing, or a dispute has already arisen.

Who can seek legal advice about an outsourcing dispute?

Workers, labor unions, service providers, and companies using outsourced services can all seek advice. A lawyer can assess the person’s role, documents, and the appropriate route for raising or defending a claim.

What documents should a lawyer review?

Gather the service agreement, employment agreement, workplace rules or collective labor agreement, and relevant wage and attendance records. Notices, messages, social-security records, and prior complaint correspondence may also help establish the facts.

Can outsourced workers negotiate directly with the user company?

They may raise workplace concerns with the user company, but their formal employment relationship may be with the service provider. A lawyer can identify the responsible parties and help direct negotiations or complaints appropriately.

What happens before an employment dispute goes to formal proceedings?

The parties must first attempt bipartite negotiations. If those negotiations fail, the dispute may be recorded and taken through the applicable process, which can include mediation by a manpower-office mediator.

How long does a labor dispute take to resolve?

Timing depends on the dispute, the parties’ willingness to negotiate, and whether formal proceedings are needed. The statutory period for bipartite negotiations is up to 30 working days; later stages can take longer.

How much does an outsourcing lawyer in Gresik cost?

There is no single statutory fee for private legal services. Fees depend on the work, such as contract review, negotiations, or dispute representation, and should be confirmed in a written engagement agreement.

Can a worker keep their job when the service provider changes?

There is no automatic answer for every change of provider. Government Regulation No. 35 of 2021 requires relevant protection provisions in certain fixed-term employment and outsourcing arrangements when the provider changes but the work continues.

How can a company check whether its outsourcing documents are adequate?

Have an Indonesian labor-law lawyer compare the service agreement with the employment contracts and actual workplace practices. The review should identify who employs workers, how employment rights are protected, and how complaints are handled.

How should I choose a lawyer for an outsourcing matter?

Look for an Indonesian advocate with relevant employment-law and dispute experience, and ask who will handle the matter, what work is included, and how fees are calculated. Confirm the proposed strategy and reporting arrangements in writing.

Official resources in Gresik and East Java

• Dinas Tenaga Kerja Kabupaten Gresik: The Gresik regency manpower office can provide local manpower services and information on employment matters, including access to relevant dispute-settlement processes.

• Dinas Tenaga Kerja dan Transmigrasi Provinsi Jawa Timur: The provincial manpower and transmigration office provides provincial-level employment services and information on labor regulations and administration.

• BPJS Ketenagakerjaan: The national employment social-security agency administers employment coverage and contributions. Workers and employers can use its official channels to check coverage or raise contribution-related questions.

Steps to find and hire a labor-outsourcing lawyer

1. Define the issue. In one or two days, identify whether you need a contract review, advice about employment rights, negotiation support, or dispute representation.

2. Collect key records. Gather the service and employment agreements, wage records, notices, and relevant correspondence before contacting lawyers.

3. Shortlist suitable advocates. Seek Indonesian advocates with employment-law experience and experience handling outsourcing contracts or industrial-relations disputes in East Java.

4. Arrange an initial consultation. Ask how the lawyer would assess the facts, what documents are missing, and whether urgent steps may be needed. Confirm consultation fees beforehand.

5. Compare scope and fees. Ask for a written proposal covering the work, fee basis, likely expenses, communication arrangements, and any limits on representation.

6. Agree on the first actions. Once retained, confirm who will contact the other party, whether negotiations or bipartite meetings are appropriate, and when the lawyer will report progress.