The Job Creation Bill Which Is Judged Putting The Rights Of Women Workers Aside

Illustration. (Photo: Unsplash)

JAKARTA - The Omnibus Law on the Job Creation Bill is currently in the public spotlight. Of the 79 draft laws, 15 chapters, and 174 articles in this omibus law, however, not one article includes 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 issue 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, the draft Job Creation Bill does not explain the provisions in the five articles above. The Draft Bill does not include the discussion, amendment or deletion status of the four articles, as is the case for other articles throughout the draft.

In the draft Work Creation Bill, the points of vacation and leave rights are only discussed in the amendments to article 79 of Law Number 13 of 2003 concerning Manpower.

Article 79 of Law Number 13 Year 2003 reads as follows:

(1) Entrepreneurs are obliged to give workers / laborers a period of rest and leave.

(2) The time for rest and leave as referred to in paragraph (1) includes:

a. rest between working hours, at least half an hour after working for 4 (four) continuous hours and the break time does not include working hours;

b. 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;

c. annual leave, at least 12 (twelve) working days after the worker / laborer has worked for 12 (twelve) months continuously; and

d. a long break of at least 2 (two) months and implemented in the seventh and eighth years of 1 (one) month respectively for workers / laborers who have worked for 6 (six) years continuously at the same company with the provisions of workers / labor. The worker is no longer entitled to his or her annual rest within the current 2 (two) years and thereafter applies to every multiple of the 6 (six) years working period.

(3) The implementation of the annual rest period as referred to in paragraph (2) letter c is regulated in a work agreement, company regulation or collective working agreement.

(4) The right to long rest as referred to in paragraph (2) letter d only applies to workers / laborers who work for certain companies.

(5) Certain companies as referred to in paragraph (4) shall be regulated by a Ministerial Decree.

Then, in the draft Job Creation Bill, the provisions of Article 79 were amended so that it reads as follows:

(1) Entrepreneurs are required to provide:

a. time off; and

b. paid leave.

(2) The rest period as referred to in paragraph (1) letter a must be given to workers / laborers at least covering:

a. rest between working hours, at least half an hour after working for 4 (four) continuous hours and the break time does not include working hours; and

b. weekly rest 1 (one) day for 6 (six) working days in 1 (one) week.

(3) The leave as referred to in paragraph (1) letter b that must be given to workers / laborers is annual leave, at least 12 (twelve) working days after the worker / laborer has worked for 12 (twelve) months continuously. .

(4) The implementation of annual leave as referred to in paragraph (3) shall be regulated in a work agreement, company regulations, or collective working agreement.

(5) In addition to the time off and leave as referred to in paragraph (1), paragraph (2), and paragraph (3), companies can provide extended leave as stipulated in work agreements, company regulations, or collective working agreements.

After discussing the amendments to Article 79, the draft Job Creation Bill does not discuss regulations regarding leave or other holidays.

Female Worker Anxiety

Wardhani Tsatsia (25) assesses that the Job Creation Bill has actually become a boomerang for female workers. The rights of women workers were previously guaranteed and contained in Law Number 13 of 2003, while the draft Work Creation Bill did not include regulations regarding the rights that should be obtained by women workers.

"The Ciptaker Bill makes people have to work, work, work like robots. So the government forgets, people's health conditions vary. Some need menstrual leave, some don't really need it because it doesn't hurt during menstruation," said Tsatsia, to VOI, Sunday, February 16.

According to Tsatsia, the government should not equalize the rules between male and female workers. This is because menstrual leave is very necessary for female workers, especially if these workers experience problems that interfere with their health when their menstrual periods come.

"I often have cramps when menstruating (although not every month), so even if forced to work it is not effective because it will be weak and slower. So it is necessary to take menstrual leave," he explained.

With regard to maternity leave, Tsatsia considers that the government needs to rethink before deciding to abolish it. According to Tsatsia, maternity leave is very important to strengthen the bond between mother and child.

"For maternity leave, it would be crazy to delete it. Then the government takes care of the new born child? The name is mother, you still have to bond with the child. That Ciptaker Bill invites girls not to talk about anymore? Are all the boys talking to? he said.

Women's National Union Rejects Job Creation Bill

The National Secretary for Mahardhika Women, Mutiara Ika Pratiwi, firmly rejects the presence of the Omnibus Law Bill on Job Creation (Cilaka). The bill that is being drafted by the government is considered to be threatening and detrimental to women in the Indonesian workforce.

Ika said the omnibus law is a consolidation of the political oligarchy and the last way for the state to save the oligarchic political elite. One of the highlights is the right to maternity leave.

Ika explained, the omnibus law does not specifically explain the special facilities that are obtained for female workers who are giving birth.

"In Law 13 of 2003, women's rights are stated as normative, (workers) give birth to 1.5 months of leave before and after giving birth, in the omnibus law there is no such guarantee. Such guarantees are eliminated," said Ika at the LBH Jakarta Building. , Sunday, January 19.

According to Ika, the Job Creation Bill which was formed by the government only provided employment opportunities, but did not pay attention to the quality of workers. Omnibus law will consider the workers not to be human, but only so they don't die today.

"Provision of employment, but not to improve quality. Workers are only able to live today and tomorrow," he said.