Plenary Session, DPR Baleg Affirms The Job Creation Bill Does Not Remove Menstruation And Pregnancy Leave

Illustrations (Photo: Irfan Meidianto / VOI)

JAKARTA - The DPR RI Legislation Body reports the results of the discussion of the Work Creation Omnibus Law Bill at the Plenary Meeting of the Closing of Session Period I of Session Year 2020-2021 at the Parliament Building, Senayan, Jakarta, Monday, October 5.

In his report, Chairman of the Legislative Body (Baleg) DPR RI, Supratman Andi Agtas emphasized that this draft law will not eliminate the right to menstrual leave and maternity leave.

"The Bill on Job Creation does not eliminate the right to menstrual leave and maternity leave as regulated in the Manpower Act," said Andi in his report read out at a hearing held at the Parliament Complex, Senayan, Central Jakarta.

Not only that, the DPR RI Baleg also emphasized that termination of employment (PHK) still follows the rules in the Law on Manpower.

In addition, this draft law also regulates the issue of foreign workers (TKA) because every employer of TKA must have a plan for the use of TKA approved by the Central Government.

"Individual employers are prohibited from employing foreign workers, and foreign workers are prohibited from holding positions in charge of personnel," he said.

Furthermore, said Andi, from 64 meetings of the Job Creation Bill, it produced 15 chapters and 185 Articles. "Which means there are changes from 15 chapters and 174 articles," he said.

In addition, this Gerindra Party politician also said that the draft legislation was approved by seven factions, namely PDIP, Gerindra, NasDem, PAN, PKB, PPP, and Golkar. Meanwhile, the Democrat Party and PKS Faction continued to reject the ratification of the bill which caused this polemic.

Previously, the Job Creation Bill was in the spotlight for female workers. This is because in the previous draft legislation, there was not a single article that included regulations on maternity leave and menstrual leave. This bill is considered to be threatening and detrimental to women in the Indonesian workforce.

Currently, the right to vacation and leave is regulated in Law number 13 of 2003 concerning Manpower, starting from articles 79, 81, 82, 83 and 84. In this law, the provision of opportunities from employers for workers or laborers to take breaks and leave is contained in the article 79 paragraph (1).

Then article 81 regulates the problem of female workers / laborers who can get a holiday during the first day of menstruation. Article 82 regulates the mechanism for maternity leave for women workers / laborers. It also includes leave for rest for workers who have experienced a miscarriage.

Then, article 83 regulates the opportunity for workers / laborers whose children are still breastfeeding to breastfeed their children during working time. Then article 84 stipulates that every worker / laborer who uses the right to weekly rest, annual leave, long leave, performs worship and maternity leave is entitled to full wages.

Meanwhile, in the old draft, the Job Creation Bill did not explain the provisions in the five articles above. The draft law does not include the discussion, amendment or deletion status of the four articles, as is the case for other articles throughout the draft.