Airlangga: Calm, Menstrual Leave To Pregnancy Leave Still In Accordance With The Labor Law Of 2003

Coordinating Minister for Economic Affairs, Airlangga Hartarto. (Photo: Coordinating Ministry for Economic Affairs)

JAKARTA - The Job Creation Omibus Law has been passed, although there have been many rejections coming from labor unions or workers. One of the points of objection to the enactment of the broomstick law voiced by the union is the loss of regulations on menstrual leave and maternity leave.

Coordinating Minister for the Economy Airlangga Hartarto emphasized that workers' rights remain in the Omnibus Law on Job Creation.

Some of the things he emphasized still exist, such as maternity leave and menstrual leave. According to Airlangga, the rules regarding labor rights still refer to the old regulation, namely Law Number 13 of 2003 concerning Manpower.

"Regarding the issue of removing the right to menstrual leave and maternity leave, we emphasize that employers are obliged to provide leave and rest periods. Prayer times, menstrual leave, maternity leave, breastfeeding time, we emphasize that they are not deleted and remain in accordance with the old law," he said in a press conference virtually, Wednesday, October 7.

Indeed, based on the final draft of the Job Creation Omnibus Law obtained by VOI, there are no articles that specifically state the provision of maternity leave and menstrual leave to workers. The provisions for leave for workers are only general.

This is stated in Article 79, where the employer is obliged to provide time off and leave. Rest is provided between working hours, at least half an hour after working for four continuous hours and this break time does not include working hours.

Then, one day of weekly rest is also given for the six working days in one week.

"The leave that must be given to workers / laborers is annual leave, at least 12 working days after the worker / laborer has worked for 12 months continuously," writes Article 79 paragraph 3 of the Omnibus Law Ciptaker.

The implementation of annual leave is regulated in a work agreement, company regulations, or collective working agreement. In addition to pre-arranged rest periods and leave, certain companies can provide extended breaks that are regulated in work agreements, company regulations, or collective working agreements.

Whereas in Law Number 13 of 2003 concerning Manpower, the provisions for menstrual leave to maternity leave are specifically stipulated in four articles.

One of them is in Article 81. In that article, it is explained that female workers / laborers who feel pain during menstruation and inform the entrepreneur that they are not obliged to work on the first and second day of the cycle.

The implementation is in accordance with work agreements, company regulations, or collective working agreements. Likewise with menstrual leave.

"Female workers / laborers have the right to rest for one and a half months before the time to give birth to a child and one and a half months after giving birth according to the calculation of the obstetrician or midwife," states Article 82 paragraph 1 of the Manpower Law.

In addition, female workers / laborers who experience a miscarriage are entitled to get one and a half months of rest or in accordance with a certificate from a gynecologist or midwife.

In fact, Article 84 of the Manpower Law requires that female workers / laborers who get the right to leave are still pocketing full wages.