Jokowi asks for permission not removed in the job creation bill, here’s the fact

JAKARTA, KOMPAS.com – President Joko Widodo denied reports that the Job Creation Act removed provisions regarding various types of leave, such as maternity leave and sick leave, for workers.

Jokowi made sure that the Job Creation Law still required companies to give their workers leave rights.

“There are reports that all leave, sick leave, marriage leave, circumcision leave, baptism leave, death leave, maternity leave, are abolished and there is no compensation. I also emphasize that this is not true. The right the permit remains and is guaranteed, “Jokowi said. in a press release at the Presidential Palace, Bogor, West Java, on Friday (9/10/2020).

What are the facts?

In fact, Jokowi is correct that there is no complete removal of the permission. However, in the Employment Creation Law there are provisions related to leave that are modified from Law Number 13 of 2003 on Labor.

For example, article 79 of the Labor Law.

Also read: The clarification of the Minister of Labor on menstrual and childbirth leave in the Employment Creation Law

In this article, there is a special point that requires certain companies to grant the right to leave or rest for at least 2 months.

The provision is established precisely in article 79 paragraph 2) letter d which says:

“A long pause of at least 2 (two) months and carried out in the seventh and eighth year respectively 1 (one) month for workers / day laborers who have worked for 6 (six) years without interruption in the same company with the provisions of the workers . The / worker ceases to be entitled to his annual rest within the current 2 (two) years and thereafter it is applied to each multiple of the 6 (six) year work period “.

The Employment Creation Law reviews this provision.

In the broomstick law, it only states that certain companies can provide extended breaks as regulated by labor agreements, company regulations, or collective bargaining agreements.

Also read: Jokowi: The right to leave remains and is guaranteed

This provision is contained in Chapter IV of Employment, Article 81.

This has also become a concern for workers, including the president of the Indonesian Trade Union Confederation, Said Iqbal, because the long leave is no longer an obligation of the company.

“In the bus law, the rules governing extended leave are changed so that extended leave is no longer the employer’s obligation,” said Said.