Online Ojek Work Relations Are Not Regulated In Law, THR Floats?

A number of online motorcycle taxi drivers are waiting for passengers on Jalan Raya Margonda, Depok City, West Java, Wednesday (20/3/2024). (Between/Yulius Satria Wijaya/foc)

JAKARTA The government's appeal for application companies to provide holiday allowances (THR) to their workers to become polemics. However, ojol is considered not bound by the work relationship regulated by law. Will THR for ojol again be a figment?

This news emerged following a circular issued by the Ministry of Manpower (Kemnaker) regarding the payment of THR for workers. Regarding THR recipients, the Ministry of Manpower appealed to online transportation companies such as Gojek and Grab to also provide allowances to driverojol.

"We urge you to pay Ojol (THR). Even though the partnership work is included in PKWT (A Specific Time Work Agreement), so take part in the THR coverage," said Director General of Industrial Relations and Social Security for Employment Indah Anggoro Putri at a press conference on the payment of religious THR at the Ministry of Manpower office, South Jakarta.

So far, in Indonesia, there are two online transportation services that dominate, namely Gojek and Grab. Both have spoken about the government's appeal.

From Gojek, represented by SVP Corporate Affairs Rubi W. Purnomo, emphasized that the relationship between application companies and ojol drivers is a partnership. Thus, driverojol is not included in the form of employment relations such as PKWT and PKWTT.

Meanwhile, the Chief of Public Affairs of Grab Indonesia said that R Munusamy chose to provide special incentives for ojol driver partners.

"In the spirit of kinship this good month, Grab provides special incentives for Eid al-Fitr which will be given to partners on the first and second days of Eid al-Fitr," said Grab in an official statement, Wednesday (20/3).

Based on Permenaker No.6 of 2016, workers or laborers who have a one-month working period are entitled to a Religious THR from the company. Workers or laborers who work 12 months continuously or more get THR of one month of wages.

However, Masykur Isnan said, in the labor law that is regulated is a Specific Time Work Agreement (PKWT) or a non-permanent employee and an Uncertain Time Work Agreement (PKWTT) or known as permanent employees. Meanwhile, the driverojol is not included in both because of its partnership nature.

Thus, the statement made by the Ministry of Manpower is not mandatory and is not bound by sanctions.

"The context of the Ministry of Manpower is neither mandatory nor mandatory, but only an appeal to ojol applications to provide THR to their partners," Managing Partner Masykur Isnan &Partner Lawfirm told VOI.

"Regulatively, if we look at the normatives, this partnership is not a work relationship regulated by the Manpower Law. Because there are only two working relationships, namely PKWT and PKWTT," continued Isnan.

Isnan added that the THR is given only to workers who have a working relationship according to the law. Thus, people who are outside of employment are not obliged to be given THR because they are not bound. Regarding ojol, according to Isnan, as is known, do not have a work agreement as in the law, but partnership.

Although considered not to have rights to THR, Isnan assessed that the existence of a driverojol needs attention. He assessed that the position of ojol bargaining is not balanced with application companies, for example in terms of bonuses or tariff cuts. For this reason, he hopes that the state will be present as an intermediary between motorcycle taxis and application companies.

But Isnan said that there still needs to be maintained objectivity, so that there are benefits that are equal, proportional, and fair, between online motorcycle taxi drivers and application companies through government policies.

There is no bargaining position that between ojol and application companies. So often the ojol only accepts policies that are unilaterally regulated by the application, for example about the bonus," said Isnan again.

"This needs to be a concern. On the one hand, the state needs to be present to bring about this aspect of justice, although the realm of private law between the agreements made," he added.