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JAKARTA – The member of the IX DPR Commission of the PDI-P Faction, Abidin Fikri, provides clarifications on controversial issues in the general law on the Employment Creation Law, particularly in the Labor chapter.
(Read also: Splashy, Puan turns off the microphone, this is a strong criticism of the Democratic Party)
Despite receiving a massive rejection, the DPR through a plenary session on Monday, October 5, 2020 finally called the hammer for the ratification of the omnibus law on the Project of Law of Creation of Work in Law.
The workers also responded to the ratification of this regulation through demonstrations. The reason is that this rule is seen as beneficial to investors and increasingly ‘exploits’ workers.
(Read also: Outstanding Letter Canceling National Workers’ Strike Action, KSPI: Hoaks)
In a written statement titled ‘Straightening the 12 Hoaxes of the Omnibus Law on the Job Creation Bill’, on Tuesday (06/10/2020), Abidin Fikri tried to discuss the points that were being questioned by the workers.
“In the community, 12 reasons circulate for workers to reject the Omnibus Law on the Job Creation Bill. Those twelve points are not true. Here we will examine one by one together with the articles and real facts so that everything is clear “. Abidin said he started writing as quoted by Okezone.
1. Is it true that severance pay will be eliminated?
The fact is: severance pay is still there
CHAPTER IV: LABOR – Article 89 regarding modifications to Article 156 Paragraph 1 of Law 13 of 2003: In the event of termination of employment, employers are obliged to pay severance pay and / or payment for service.
2. Is it true that UMP, UMK, UMSP were removed?
The facts: regional minimum wages (UMR) still exist
CHAPTER IV: EMPLOYMENT – – Article 89 On modifications to Article 88C of Law 13 of 2003: (Paragraph 1) The Governor sets the minimum wage as a safety net. (Paragraph 2) The minimum wage mentioned in paragraph (1) is the provincial minimum wage.
3. Is it true that workers’ wages are calculated by the hour?
Fact: Nothing has changed with the current system. Salaries can be calculated based on time or based on results.
CHAPTER IV: EMPLOYMENT – Article 89 Regarding changes to Article 88B of Law 13 of 2003: Salaries are determined based on:
to. unit of time; me
second. return unit.
4. Is it true that all leave rights (sick leave, marriage leave, circumcision leave, baptism leave, death leave, maternity leave) are lost and there is no compensation?
Fact: The right to leave remains.
CHAPTER IV: EMPLOYMENT – – Article 89 On modifications to article 79 of Law 13 of 2003: (Paragraph 1) Entrepreneurs must give:
to. free time and
second. party.
(Verse 3) The leave that must be granted to the worker / day laborer is the annual leave, at least 12 (twelve) working days after the worker / worker in question works for 12 (twelve) uninterrupted months.
(Paragraph 5) In addition to the free time and leave referred to in the previous paragraph, companies can provide a long leave.
regulated in the employment contract, company regulations or collective bargaining agreement.
5. Is it true that outsourcing is replaced by a lifetime contract?
Fact: Outsourcing to outsourcing companies is still a possibility. The workers become employees of outsourcing companies.
CHAPTER IV: LABOR – – Article 89 Of the modifications to article 66 subsection 1 of Law 13 of 2003: The employment relationship between the subcontracted companies and the workers / workers they employ is based on an employment contract for a specified period of time or an employment contract for an indefinite period.
6. Is it true that you will not have been a permanent employee?
The fact: employee status still exists
CHAPTER IV: LABOR – Article 89 Regarding the modifications to Article 56 of Law 13 of 2003: (1) A work contract is made for a specified time or not.
7. Can the company be unilaterally fired at any time?
The fact: companies can’t make unilateral layoffs.
CHAPTER IV: EMPLOYMENT – Article 90 On changes to article 151 of Law 13 of 2003: (Paragraph 1) The termination of the employment relationship is implemented based on an agreement between the employer and the employee / worker.
(Paragraph 2) In the event that the agreement mentioned in paragraph (1) is not reached, the resolution of the termination of the employment relationship is carried out through the labor relations conflict resolution procedure in accordance with the provisions of the legislation .
8. Is it true that social security and other social benefits are lost?
The fact: social security still exists.
CHAPTER IV: EMPLOYMENT – Article 89 On changes to Article 18 of Law 40 of 2004: the types of social security programs include:
to. health insurance;
second. Accident insurance;
C. old-age guarantee;
re. pension guarantee;
me. death penalty;
F. job loss guarantee.
