Ahead Of Eid, Know How To Calculate The 2021 THR And Sanctions For Violating Companies

Money illustration (Antara)

YOGYAKARTA - Religious holiday allowances (THR) must be fully paid by employers to workers or laborers. The rules for giving religious THR are contained in Circular Number M / 6 / HK.04 / IV / 2021. Another thing to know about this is how to calculate the THR. Don't let the nominal not match the rules!

The Minister of Manpower, Ida Fauziyah, explained that the religious THR must be paid a maximum of 7 days before religious holidays.

"Giving religious THR is an obligation that must be carried out by employers to workers / laborers," Ida explained in a virtual press conference regarding the 2021 THR in Jakarta, Monday, April 12.

Payment of religious THR in accordance with Government Regulation Number 36 of 2021 and Permenaker Number 6 of 2016 is made by considering several things.

1. Recipients of religious THR are workers / laborers who have worked for 1 month continuously or more.

2. Recipients of religious THR are workers / laborers who have a working relationship with an entrepreneur based on an unspecified work agreement or a specified time work agreement.

How to calculate the THR for 2021

The amount or nominal value of THR given to workers or laborers has its own provisions. Here's how to calculate the THR.

1. A worker / laborer with a continuous work period of 12 months or more, the THR is 1 month's wages.

2. Workers / laborers with a continuous work period of 1 month, but less than 12 months, the amount of THR is given proportionally to the calculation (x 1 month of wages).

3. Workers / laborers who work based on a daily work agreement, the amount of THR is 1 month's wages by the following calculation.

· Workers / laborers with a work period of 12 months or more, the amount of wages for 1 month is based on the average wages in the last 12 months before religious holidays.

· Workers / laborers with a work period of less than 12 months, the amount of wages for 1 month is based on the average wages each month during the working period.

Sanction for delay in giving THR

Ida also said that there were sanctions for entrepreneurs or companies to be late in paying THR 2021 in full based on the applicable regulations.

"Regarding fines, employers who are late in paying religious THR to workers or laborers are subject to a fine of 5 percent of the total THR that must be paid since the expiration of the employer's obligation to pay," explained the Minister of Manpower.

There are also administrative sanctions stipulated in Government Regulation Number 36 Year 2021 concerning Wages Article 9 paragraphs 1 and 2. It contains companies that do not pay religious THR to workers / laborers within 7 days before religious holidays will be subject to administrative sanctions.

These sanctions are in the form of written warnings, restrictions on business activities, temporary suspension of part or all of the means of production, as well as freezing of business activities.

In addition, Ida added, administrative sanctions and fines given to these entrepreneurs or companies do not eliminate the obligation of the entrepreneur or company regarding the payment of religious THR as stipulated in statutory regulations.

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