Already Entering A Week Before Lebaran, Entrepreneurs Must Have Started Paying THR

Illustration. (Photo: Doc. Antara)

JAKARTA - The government requires employers to pay religious holiday allowances (THR) in 2021 to workers no later than D-7. The regulation is contained in Circular Letter (SE) Number M / 6 / HK.04 / IV / 2021 concerning the Implementation of Religious Holiday Allowances (THR) in 2021.

However, Ombudsman Member Robert Na Endi Jaweng admits that he is worried that the THR which is the right of laborers will not be fulfilled this year. This is because the Ombudsman sees that there are still various challenges in the implementation of the THR this year.

First, the lack of government socialization regarding the implementation of the THR 2021 regulation. Robert assessed that there are still parties, both from the local government and companies, who have not received full information regarding the THR regulation this year.

"We welcome the existence of a circular letter like this because it is the contents of this letter. It's just that the contents of this circular lead to multiple interpretations in the field," he said in a virtual press conference, Wednesday, May 5.

The purpose of multiple interpretations is that there are parties who think that the THR must be paid on time and without installments. Then, there are those who interpret THR to be paid H-7 but there is also a relaxation, namely companies that cannot afford to pay H-1. Then, there are those who interpret the company can pay after Eid but by fulfilling all the requirements.

"This socialization is very important, without the same perception, then there will be different actions taken by the local government or the company concerned," he said.

Second, related to the openness or transparency of the company's financial records. Robert said, the company's financial records must be proven validly by workers and labor inspectors. According to him, if there is no mechanism or guarantee of valid proof, then this will be detrimental to workers.

"The mechanism for proving the financial report must be completely clear and clean so that the workers understand," he said.

Third, the challenge of paying the 2021 THR is at the local government level. Especially with regard to the supervision of the implementation of THR 2021. This is because the supervisory authority lies at the provincial level. Therefore, the government must carry out intensive supervision on companies, and firmly on companies that do not carry out their obligations.

"Of course the Ombudsman will monitor and supervise the extent of coordination and guidance and supervision carried out by the Ministry of Manpower towards the Manpower Office in the regions. Because these agencies are part of the regional apparatus, the Ombudsman will shift focus to the relevant agencies," he explained.

Finally, there is the potential for maladministration. Robert explained, especially if the government is not able to implement the provisions in the SE Menaker. The potential for maladministration includes waiver of legal obligations to protracted delays.

"I think the key is in the supervision, to what extent is the effectiveness of supervision, especially at the provincial level, both the governor and his office can actually carry out the supervisory process," he said.

Open a post in the area

The Ombudsman asked his representatives in the regions to open a complaint post for workers who have problems related to the 2021 THR. The goal is to fulfill labor or workers' rights.

"We hope that the heads of representatives and friends of the representatives of the Ombudsman in 34 provinces will open a complaint post and make intensive observations, both at the company and also at the manpower agencies," he said.

According to Robert, supervision is necessary so that companies do not make unilateral decisions.

Because, in the SE Kemnaker, it is stated that there must be a dialogue between the company and workers or workers related to the provision of THR.

"This dialogue must be open, egalitarian, and there should be no pressing process," he said.

The Provincial Manpower Office, said Robert, must oversee this bipartite dialogue. Thus, no unwanted attempts occur. The agreement, he said, must be stated in a joint document regarding the payment scheme and deadline.

"Ideally, we hope that the company can pay without installments and on time. But we also see from this circular that there is an additional space for today's business situation and companies that are not all at optimal levels. This is indeed the framework in the circular," he said.

There are sanctions

Previously, the Minister of Manpower Ida Fauziyah said there were a number of sanctions for companies that were late and did not pay the 2021 religious holiday allowance (THR) to workers as regulated by the government. THR payment for this year must be made no later than 7 days before religious holidays.

This year's THR payment rules are in accordance with the Minister of Manpower Regulation Number 6 of 2016 concerning Religious THR for Workers or Laborers in Companies. In addition, THR payments are also contained in Government Regulation (PP) Number 36 of 2021 concerning Wages.

Ida emphasized that the government has provided support to entrepreneurs to overcome the impact of the COVID-19 pandemic. He said that this support was provided so that the people's economy would move in line with government policies for handling COVID-19 and restoring the national economy.

For this reason, continued Ida, it requires a commitment from entrepreneurs to pay the 2021 religious THR in full and on time

"Employers who are late in paying THR to workers will be fined 5 percent of the fines that must be paid since the expiration of the employer's obligation to pay deadline," he said, in a virtual press conference, Monday, April 12.

Meanwhile, Ida said that entrepreneurs who do not pay the THR will be subject to administrative sanctions in the form of a written warning. In addition, the government will also limit the company's business activities.

"Temporary suspension of part or all of the means of production and freezing of business activities," he said.

As is known, the Minister of Manpower Ida Fauziyah obliges all entrepreneurs to pay a maximum THR of 7 days of Idul Fitri. This is stated in the Circular (SE) Number M / 6 / HK.04 / IV / 2021 concerning the implementation of the 2021 THR Giving for workers or laborers in the company.