The Ministry of Manpower (Kemnaker) emphasized that there will be no abolition of the right to menstruate leave and or maternity leave for female workers in the Regulation in Lieu of Legislation (Perppu) 2 of 2022 concerning Job Creation.
As is known, the government has officially issued Regulation in Lieu of Legislation (Perppu) Number 2 of 2022 concerning Job Creation on December 30, 2022. In this regulation, it is not contained regarding the right to menstruate leave or maternity leave for workers.
The Director General of PHI Jamsos Indah Anggoro Putri explained that menstrual leave and childbirth are not lost and are still under Law Number 13 of 2003.
The rules for menstrual leave are contained in Article 81 concerning and Article 82 concerning maternity leave.
"Are menstrual leave and maternity leave removed? The answer is not correct. Obscenary leave and maternity leave are not lost and are still in Law 13/2003," he said at a press conference, Friday, January 6.
Indah explained that there was no change regarding the regulation, so the government did not put it forward again in the Job Creation Perppu.
"Because it has not been changed, menstrual leave and maternity leave are not stated in Perppu 2/2022," he said.
Indah said, it is impossible for Indonesia as a member of the International Labor Organization (ILO) to abolish the right to menstruate leave and maternity leave.
"Actually, the logic is that it is also impossible for Indonesia, members of the ILO, to prohibit or abolish menstruation and childbirth, is very unlikely," he said.
In Law Number 13 Tahum 2003, menstrual leave is regulated in Article 81, which reads:
Women's workers/laborers who during menstruation feel pain and tell employers, are not required to work on the first and second days of menstruation.
The implementation of the provisions as referred to in paragraph (1) is regulated in a work agreement, company regulation, or a joint work agreement. Article 82, reads:
Women's workers/laborers have the right to rest for 1.5 (one and a half) months before the time for giving birth to children and 1.5 (one and a half) months after giving birth according to the calculation of an obstetrician or midwife.
Workers/laborers of women who experience miscarriage have the right to get a break of 1.5 (one and a half) months or according to an obstetrician's certificate or midwife.
Meanwhile, the Job Creation Perppu which was ratified at the end of 2022 did not specifically regulate the right to menstrual leave or maternity leave for female employees.
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