JAKARTA - President Joko Widodo (Jokowi) has issued Government Regulation in Lieu of Law (Perppu) number 2 of 2022 concerning Job Creation. This Perppu abolishes the company's obligation to give workers a long leave. As well as regulating the issue of worker holidays for only a day in a week.
Berdasarkan pasal 81 poin 25 Perppu Cipta Kerja, menetapkan adanya perubahan terhadap pasal 79 Undang-undang Nomor 13 tahun 2003 tentang ketenagakerjaan.
The change states that the company is obliged to provide rest and leave to workers. However, the types of leave and rest given are different from the previous provisions.
Perppu Cipta Kerja does not regulate rest time or long leave. Perppu only requires companies to provide annual leave of at least 12 working days after workers or laborers work a year. As for rest or long leave, it is no longer the company's obligation.
The provision of long rest is intended only for workers or laborers in certain companies. Long rest time will be given and regulated in the Work Agreement to the Collective Work Agreement.
"(5) In addition to rest time and leave as referred to in paragraph (1), paragraph (2), and paragraph (3), certain companies can provide a long break as stipulated in the Work Agreement, Company Regulation, or Collective Work Agreement,".
However, there is no further explanation regarding the business sector in question, only saying that this will be regulated in a Government Regulation.
"Further provisions regarding certain companies as referred to in paragraph (5) are regulated by Government Regulation," reads Article 79 paragraph (5) and (6) in the Job Creation Perppu quoted Monday, January 2.
Referring to the previous rules, companies are required to provide rest and leave to workers. Covering a break between working hours is at least half an hour after working for 4 hours continuously.
There is also weekly break with two alternatives, namely one day for six working days a week or two days for five working days a week.
"The rest period as referred to in paragraph (1) letter a must be given to Workers/Labourers at least includes; a. rest between working hours, at least half an hour after working for 4 (four) hours continuously, and the rest period does not include working hours; and b. weekly break 1 (one) day for 6 (six) working days in 1 (one) week," reads the article that regulates worker holidays for only one day and a week.
The regulation indicates that workers' holiday rights which previously arranged two days a week were removed.
Even so, the Job Creation Perppu still allows workers to get two days off, as stated in Article 77 regarding working time, which is 7 hours or 8 hours a day.
"The working time as referred to in paragraph (1) includes; (a) seven hours one day and 40 hours one week for 6 working days in one week, or (b) eight hours one day and 40 hours one week for 5 working days in one week," reads Article 77 paragraph (2).
The regulation allows workers to get two days off in a week, depending on their working hours.
"Every entrepreneur is obliged to implement the provisions of working time," wrote Article 77 paragraph (1)."
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