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YAKARTA, KOMPAS.com – The Minister of Human Resources, Ida Fauziah, issued Circular Letter (SE) Number M / 6 / HI.00.01 / V / 2020 regarding the implementation of the allocation of religious holidays in 2020 in companies during the disease of the Corona virus 2019 (Covid-19).
In SE, Ida asked governors to ensure that companies pay religious THRs to workers in accordance with legal provisions.
Quoted in the official statement of the Ministry of Human Resources, on Saturday (09/05/2020), in the preparation of this THR Religious Circular, Ida stated that the Ministry of Human Resources had held several dialogues with businessmen who were members of Apindo and with the unions.
This THR SE has also been discussed and has become an agreement with the National Agency for Tripartite Cooperation (LKS Tripnas) in the plenary session of LPS Tripnas, that is, in point 2, which establishes the preparation for the implementation of the THR when considering the economic conditions due to the Covid-19 pandemic when adding financial reports at the company level.
Also read: Workers reject THR deferment and installment rule
To be effective in administering Religious THR in 2020, the Governor is also expected to establish a Religious THR Command Post in 2020 in each province by observing health procedures / protocols to prevent transmission of the coronavirus.
Ida explained the options that companies could not pay THR to their employees in a timely manner.
Companies unable to pay THR in a timely manner must dialogue first to reach an agreement with their workers.
The government offers two options for companies that cannot pay THR to their workers. First, THR payment in stages for companies that cannot pay in full.
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Second, for companies that cannot pay THR, they can postpone payment until the agreed time.
Furthermore, the SE emphasized that the agreement on the time and method of payment of religious THRs and fines did not eliminate the obligation of employers to pay THRs and fines to workers, with the amount in accordance with legal provisions and paid in 2020.
Rejected by the union
The president of the Indonesian Confederation of Trade Unions (KSPI) said that Iqbal rejected the Circular of the Minister of Human Resources to grant concessions to employers so that they do not pay 100 percent THR.
The room for maneuver is written in the Circular (SE) of the Minister of Human Resources Number M / 6 / HI.00.01 / v / 2020. In addition to not paying THR at 100 percent, employers can also pay in installments or postpone the payments encouraging negotiations between company workers and employers.
“KSPI believes that THR should be paid 100 percent for workers who come to work, workers who are temporarily suspended covid 19 fairing, workers who were fired due to covid-19, and workers who were fired within the H-term.” Eid 30, “Said said.
Also read: KSPI doubts the data from the Ministry of Human Resources on the number of laid off employees
The reason for such rejection refers to the provisions stipulated in Law No. 13 of 2003 and PP No. 78 of 2015 on wages. Beleid said that each employer must pay THR 100 percent for workers who have a work period of more than 1 year, without prior negotiations.
For those whose tenure is less than 1 year, their wages will be paid proportionally according to their tenure.
“Therefore, KSPI strongly rejects the terrifying THR circular because it contradicts PPP No. 78 of 2015 regarding wages,” said Said.
On the other hand, Said said that the purchasing power of workers must be maintained amid the Covid-19 pandemic. Meanwhile, if THR is not paid in full or not even paid, the purchasing power of workers will be affected during Lebanon.
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As a result, consumption will decrease dramatically, which will reduce economic growth.
“Therefore, the content of the Menaker circular must be rejected, and employers must still pay 100 percent.” Do not open space to pay in installments, postpone and pay below 100 percent, “he said.
(Source: KOMPAS.com/Fika Nurul Ulya, Rully R Ramly | Editor: Sukmana Yoga)