The Ministry Of Manpower Ensures 2-day Holidays In A Week For Permanent Workers

Illustration-(Photo: DOK ANTARA)

JAKARTA - President Joko Widodo (Jokowi) has issued a Government Regulation in Lieu of the Job Creation Law Number 2 of 2022 on Friday, December 30, 2022. The Job Creation Perppu containing 1,117 pages and 186 articles was criticized for deleting workers' rights to get rest time, both two days off in a week or on long leave. Regarding this criticism, the Ministry of Manpower (Kemenaker) ensures that the Job Creation Perppu will not reduce holidays for workers or laborers every week. Thus, the two-day holiday rule for each week still applies. "Nothing has been eliminated for a 2-day holiday," said the Director General of Industrial Relations and Social Security for Manpower of the Ministry of Manpower, Indah Anggoro Putri, when confirmed, Monday, January 2. Indah explained that the provisions in the Job Creation Perppu also mandate companies that use a five-day work mechanism. With this, she said, the holidays for each week automatically become two days. "Because Article 79 paragraph (2) letter b, does not necessarily mean only 6 days of work. So, if the company uses a working time of 5 days a week, automatically holidays in 1 week are 2 days," explained Indah. Previously, a member of Commission IX of the Indonesian House of Representatives, Lucy Kurniasari, criticized the rules for rest time at the Job Creation Perppu because it regulates holidays for only one day a week. According to her, the provision of work for 5 days a week is sufficient, so workers can rest the next 2 days. " “ Work productivity is not determined by the length of work, therefore, five working days a week is enough," said Lucy, Monday, January 2. It is known, in the Job Creation Perppu article 79 paragraph (2) letter b, the worker holiday period is set at least one day for each week. The following reads in full Article 79 paragraph (2) letter b of the Job Creation Perppu: 1. Rest times as referred to in paragraph (1) letter a must be given to workers/laborers at least including: 2. Rest between working hours, at least half an hour after working for four hours continuously, and that break does not include working hours; and weekly rest 1 (one) day for 6 (six) working days in 1 (one) week. This rule is different in the provisions of the worker or labor holiday rights in Article 79 of Law Number 13 of 2003 which states weekly rest of 1 (one) day for 6 (six) working days in 1 (one) week or 2 (two) days for 5 (five) working days in 1 (one) week. However, the weekly rest provision is a minimum provision. Bearing in mind, Article 77 in the Job Creation Perppu, there is still a working time mechanism for 5 working days with 2 holidays. As for article 77 paragraph 2: The working time as referred to in paragraph (1) includes: a. 7 (seven) hours 1 (one) days and 40 (fourty) hours 1 (one) weeks for 6 (six) working days in 1 (one) week; or b. 8 (eight) hours 1 (one) days and 40 (fourty) hours 1 (one) weeks for 5 (five) working days in 1 (one) week.