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JAKARTA, KOMPAS.com – President Joko Widodo officially signed the omnibus law on the Job Creation Law on Monday (11/2/2020).
The regulation with the official name of Law Number 11 of 2020 on Job Creation has also been uploaded to the website of the Secretary of State on Monday night so that it is accessible by the public.
The uploaded Job Creation Act is 1,187 pages thick.
In the rules, there are changes to the leave rules for workers / employees listed in article 79 of Law No. 11 of 2020.
Also read: The Job Creation Law is called KSPI Reducing the value of severance pay for workers
The amendment aims at the rules on long breaks outside of rest periods and annual vacations, as regulated in article 79, paragraph 5, of Law Number 11 of 2020.
The verse explains that certain businesses can provide a long break.
The rules regarding the provision of long breaks are regulated in labor agreements, company regulations and collective bargaining agreements.
Even based on the same rules, paragraph (6) establishes that the additional provisions relative to certain companies referred to in paragraph 5 are regulated by government regulations.
Meanwhile, the previous regulation, namely Law Number 13 of 2003 on Labor, describes long breaks in more detail.
Article 79 Paragraph (2) of Law Number 13 establishes that a prolonged rest period of at least 2 (two) months and is implemented in the seventh and eighth year of 1 (one) month respectively for workers / day laborers who have worked for 6 (six) years continuously. Continuously in the same company with the provisions that the worker / day laborer ceases to have the right to his annual rest within the current 2 (two) years and thereafter applies to each multiple of the 6 (six) year work period.
The same rule also establishes that the right to a long rest referred to in paragraph (2) letter d only applies to workers who work for certain companies.
Also read: Changes in the rules on termination of employment in the Employment Creation Law
As for certain companies referred to in paragraph 4), they are regulated by a ministerial decree.
This change has previously been under the attention of workers, including the president of the Indonesian Trade Union Confederation, Said Iqbal.
According to Said Iqbal, with the new regulation, the extended license is no longer an obligation of the company.
“In the bus law, the rules governing extended leave are modified so that extended leave is no longer the employer’s obligation,” said Said.
Earlier, President Joko Widodo denied reports that the Job Creation Act removed provisions on various types of leave, such as maternity leave and sick leave, for workers.
Jokowi ensured that the Job Creation Act still required companies to grant leave rights to their workers.
“There are reports that all leave, sick leave, marriage, circumcision, baptism, death, maternity leave are abolished and there is no compensation. I also emphasize that this is not true. The right to leave remains and it’s guaranteed, “he said. Jokowi in a press release at the Presidential Palace, Bogor, West Java, on Friday (9/10/2020).
On the other hand, Labor Minister Ida Fauziyah dismissed the news that sick leave, menstrual leave and maternity leave for workers or day laborers were abolished in the Cipta Kerja Omnibus Law (UU).
Also read: Workers cannot request layoffs if the company is disadvantaged by the job creation law
According to him, the right to leave these three things still applies in the Manpower Law Number 13 of 2003.
“The license for workers or day laborers in the Copyright Law does not eliminate the right to rest during menstruation, illness, childbirth that has been regulated in the Labor Law. Therefore, it is not true (the right is not obtained to the third license) Then, the provision remains It is applied according to the provisions of Law Number 13 of 2003, “he said in a virtual show, on Wednesday (10/14/2020).
Again, he emphasized that as long as it is not written or regulated in the Employment Creation Law, employers and workers / workers still refer to the Manpower Law.
“What is not regulated in the Employment Creation Law, which is a provision of Law No. 13 of 2003, as long as it is not eliminated, as long as it is not reordered, the provisions of Law No. 13 of 2003 will continue to apply as provisions, “he said.
