Clarification of the Minister of Labor on Menstrual Leave and Childbirth in the Employment Creation Law. Page all



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JAKARTA, KOMPAS.com – The Minister of Labor (Menaker), Ida Fauziyah, objected that the Omnibus Law on the Employment Creation Law or the Employment Creation Law abolished the leave rights of workers such as menstrual leave and maternity leave.

This politician from the National Awakening Party (PKB) emphasized that rest and leave time is still regulated as in Law No. 13 of 2003 on Manpower.

“In fact, it is not regulated in the Employment Creation Law. This means that if it is not eliminated it means that the old law will continue to exist, but this law mandates more detailed regulation in government regulations (PP),” Ida said. Between, Friday (09/10/2020).

However, in her explanation, Ida did not explain whether the company should still be required to pay full salary during menstruation and maternity leave.

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Scheme I don’t work, it doesn’t pay or better known Licence without any salary Until now, it has become a concern for workers, especially working women, whether it is applied in the Job Creation Law or vice versa, it still refers to the old rules of the Manpower Law.

Ida explained that workers’ working time still follows the provisions of the Labor Law that covers seven hours a day and 40 hours a week for six business days in a week.

Apart from that, the provisions for the eight hour day and 40 hour week workday are also regulated for five working days in a week. Regarding overtime, it ensures that the working day is still set at a maximum of four hours a day.

Ida said that the law that was approved by the House of Representatives (DPR) on Monday (10/05/2020) also allows for jobs whose nature and conditions cannot fully comply with the provisions previously contained in Law Number 13 of 2003 .

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“For example, the digital economy sector has very flexible working hours. If the previous law could not accommodate new types of work, flexible working hours, this law is the answer,” said Ida.

Ida also revealed the reason why the government and the House of Representatives suddenly passed the Cipta Kerja Bill in the Cipta Kerja Bill.

Ida said that based on the information it obtained, DPR wanted to reduce the intensity of the meeting on the grounds that many DPR members were exposed to the corona virus (Covid-19).

“The DPR decided to accelerate (the ratification) that was scheduled for 6 or 8 (October). Then it was proposed that it be the 5 with the argument that it was to reduce the meeting hours in order to suppress the spread of Covid-19 Ida said.

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“Maybe a lot of people say why is it all of a sudden on the 5th? That’s what I heard was the reason for the explanation from the Vice President (DPR) because a lot of DPR friends were exposed to Covid-19,” Ida continued.

Still, Ida said, the Omnibus Act of the Job Creation Act had gone through a long process of coordination meetings.

He said that, prior to becoming law, the Omnibus Law on Job Creation had been discussed 64 times. It consists of 2 business meetings, 56 DPR Panja meetings, and 6 sync team writing team meetings.

“Then, in the end, DPR decided to approve it in the plenary session on October 5,” Ida said.

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