Minister Of Manpower Ida Fauziyah: Companies Can't Be Free To Do Layoffs Even Though JHT Claims Are Made Easier

Screenshot of the Minister of Manpower Ida Fauziyah in a virtual press conference related to JHT in Jakarta (Via ANTARA)

JAKARTA - The Minister of Manpower (Menaker) Ida Fauziyah reminded companies not to carry out layoffs (PHK) freely, even though the provisions for claiming the Old Age Security (JHT) have returned to the previous regulations and the requirements were simplified.

"I want to emphasize here, with this convenience it does not mean that employers can freely carry out layoffs. The process of layoffs must be in accordance with the provisions of the legislation," said Minister of Manpower Ida Fauziyah in a virtual press conference related to the JHT rules which were followed in Jakarta, Antara, Thursday, April 28.

Ida explained that the Ministry of Manpower (Kemnaker) had issued the Minister of Manpower Regulation Number 4 of 2022 concerning Procedures and Requirements for Payment of JHT Benefits on April 26, 2022 as a revision of the Minister of Manpower Regulation Number 2 of 2022.

The new regulations related to JHT were issued, he said, after going through the stages of absorbing public aspirations and dialogue with trade and labor unions, the manpower office and related ministries and institutions.

The Permenaker has also been consulted with the National Tripartite Cooperation Institution (LKS), whose members consist of representatives of trade/labor unions, employers' organizations and the government.

With the new regulation, according to Ida, the provisions for JHT claims for participants who resign and are laid off are returned to the Minister of Manpower Regulation No. 19 of 2015. Thus, JHT benefits can be taken in cash and at the same time without waiting for the age of 56 years.

Apart from that, he said, there was also a simplification of the requirements for claiming JTH benefits, such as for participants reaching retirement age they could make claims with only two documents, namely the BPJS Employment card and KTP, previously required to have four documents.

Submission of claims is also made easier with the attached documents which can now be in the form of electronic documents or photocopies and submission of applications can now be done online, in addition to visiting the BPJS Ketenagakerjaan office.

The regulation also adds new provisions, such as claiming JHT benefits for workers with a certain time work agreement (PKWT) or contract workers and for BPJS Ketenagakerjaan participants who fall into the category of non-wage recipients (BPU).

Ida said that with the issuance of Permenaker No. 4 of 2022, Permenaker No. 19 of 2015 and Permenaker No. 2 of 2022 were declared no longer valid.

"I hope that all workers or laborers, once again remain focused and productive in carrying out their daily work because the new JHT regulations are confirmed to be in accordance with the expectations of fellow workers and workers," said Ida Fauziyah.