Critical! Not Paying Two Years Holiday Allowance, Dunkin' Donuts Reported To The Minister Of Manpower

Illustration. (Photo: Wikimedia Commons)

JAKARTA - The management of PT Dunkindo Lestari did not pay the Holiday Allowance (THR) obligation to its employees for two years or to be precise in 2021 and 2022. Therefore, the Indonesian Workers Union Association (ASPEK Indonesia), as the parent organization of the PT Dunkindo Lestari Labor Union (SP KINTARI), has made a written complaint report to the Minister of Manpower.

For your information, PT Dunkindo Lestari is a food and beverage company known under the Dunkin' Donuts trademark.

Aspect President Mirah Sumirat asked the Minister of Manpower Ida Fauziah to follow up and take firm action against the Dunkin' Donuts Management or violations committed.

"ASPEK Indonesia also calls for the Dunkin' Donuts Boycott movement! because the management of Dunkin' Donuts has taken arbitrary actions against its workers. These workers are 35 administrators and members of SP KINTARI, whose employment relationship status is permanent employees, based on the No Time Employment Agreement. certain (PKWTT)," he said in an official statement, Wednesday, May 18.

Since May 2020, said Mirah, management of Dunkin' Donuts, only through internal memos. In fact, it has unilaterally laid off workers without a definite time limit and unilaterally terminated the rights to wages or salaries of workers to this day, including the Holiday Allowance.

"The fact is that workers are still legally bound by work relationships and are not working due to following instructions from Dunkin' Donuts management to be laid off and not work," he explained.

According to Mirah, the 2020 THR, which should have been received by workers a maximum of seven days before the arrival of Eid al-Fitr in 2020, has been unilaterally postponed and only paid in March 2021.

"Through mediation efforts at the Indonesian Ministry of Manpower, finally the management of Dunkin' Donuts, in March 2021, only paid the THR in 2020, but did not want to pay the late THR fines to the workers," he said.

In fact, said Mirah, the mediator of the Ministry of Manpower has issued a Letter of Recommendation which in point 1 states, recommends:

First, that the entrepreneur PT Dunkindo Lestari pays the late THR fine to the workers, Mr. Adi Darmawan et al (92 workers) of 5 percent of the total religious THR that must be paid by employers to be used for the welfare of workers or laborers.

Based on the Regulation of the Minister of Manpower of the Republic of Indonesia No. 6 of 2016, concerning Religious Holiday Allowances for Workers/Labourers in Companies, Article 10 paragraph (1), it is stated that; Entrepreneurs who are late in paying Religious THR to Workers/Labourers as referred to in Article 5 paragraph (4) are subject to a fine of 5 percent of the total Religious THR that must be paid since the expiration of the Employer's obligation to pay.

"Third, THR in 2021 and 2022, until now the Dunkin' Donuts management has not paid it," he explained.

In fact, continued Mirah, based on Circular (SE) Number M/1/HK.04/IV/2022 dated April 6, 2022 concerning the Implementation of the Granting of Religious THR in 2022 for Workers/Labourers in Companies, it is stated that giving religious THR is the obligation of entrepreneurs as efforts to meet the needs of workers or laborers and their families in celebrating their religious holidays.

Therefore, Mirah urges the Minister of Manpower Ida Fauziyah to impose strict sanctions on Dunkin' Donuts management for non-compliance in THR payments, either administrative sanctions in the form of written warnings, restrictions on business activities, temporary suspension of part or all of production equipment and freezing of business activities.

"The fact is that to this day Dunkin' Donuts is still operating and has branches spread across various regions. However, the management of Dunkin' Donuts has never shown goodwill to re-employ the laid-off workers," he said.

Not only that, said Mirah, the management of Dunkin' Donuts also does not have good intentions to pay the right to wages or salaries and THR for workers which for 2 years until today, Dunkin' Donuts management has not paid.

Even though through mediation efforts at the Ministry of Manpower, the mediator has also issued a Letter of Recommendation which in points 4 and 5 states, recommending:

(4) so that the entrepreneur PT. Dunkindo Lestari reinstated the workers of Br. Adi Darmawan et al (92 workers) who were laid off to actively return to work at work sites that are still operating without training requirements and have passed the training held by the employer.

(5) In order for workers to accept placements made by the entrepreneur PT Dunkindo Lestari to actively return to work at work locations that are still operating without training requirements and pass the training held by the employer.

"ASPEK Indonesia will continue to carry out the Dunkin' Donuts Boycott movement by involving the Confederation of Indonesian Workers' Unions (KSPI), until there is certainty that workers will be rehired and paid their wages or salaries and THR while being dismissed unilaterally," he explained.