The Ministry Of Manpower Requires Entrepreneurs To Pay Employee Holiday Wages During Nataru
The Ministry of Manpower (Kemenaker) issued a Circular (SE) requiring employers to continue paying overtime pay to employees who come to work during the national Christmas and New Year holidays (Nataru) 2024/2025.
Meanwhile, the regulation is contained in the Circular (SE) of the Minister of Manpower No. M / 6 / HK.04 / XII / 2024 concerning the Implementation of National Holidays and Joint Leave at the Company signed by the Minister of Manpower (Menaker) Yassierli dated December 6, 2024.
"Entrepreneurs who employ workers/laborers who do work on national holidays or official holidays are required to pay overtime wages," quoted in the circular, Friday, December 13.
In addition, the circular states that workers or laborers are not required to work on national holidays or official holidays.
However, employers can hire workers/laborers to work on national holidays or official holidays for jobs of type and nature that must be carried out or carried out continuously
As referred to in the Decree of the Minister of Manpower and Transmigration Number KEP.233/MEN/2003 concerning Types and Properties of Work that are Carried out continuously.
Then, under certain circumstances, employers can employ workers or laborers on national holidays or official holidays based on an agreement between workers or laborers and employers.
Then for the implementation of collective leave, the Minister of Manpower explained that collective leave is part of the annual leave.
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Meanwhile, the implementation of collective leave is facultative or an option in accordance with the agreement between employers or workers or labor unions or labor unions with employers, work agreements, company regulations, or joint work agreements and laws and regulations taking into account the conditions and operational needs of the company.
Then, workers or laborers who take leave on collective leave days, the right to leave they take reduces the right to annual leave of the worker or laborer concerned.
In addition, workers or laborers who work on collective leave days, their annual leave rights do not decrease and they are paid wages like usual working days.
With the issuance of this circular, Circular Letter No.M/3/HK.04/IV/2022 dated April 14, 2022 concerning the Implementation of Joint Leave to Companies, is revoked and declared invalid.