Every employee who works in Indonesia ought to be fully aware of their labor rights. This is the case because such an awareness will prevent their labor rights from being violated because they would then be able to recognize and stand against unjust treatment and violations of their rights.
Why Labor Rights Are Important
In every country of the world, labor and employment rights are of great importance. They provide structure for any workplace, define the responsibilities of employees and employers, and sometimes even outline government regulations for the resolution of workplace conflicts. Labor rights are detailed in the labor laws of a country. It is important for businesses to adhere to a country’s labor laws because doing so enables them to devote more of their attention to improvements in productivity and profitability instead of having to struggle with matters related to labor rights and labor laws.
Without labor and employment laws which define labor rights, many business owners would not be aware of their responsibilities as employers. Labor rights around the world typically mandate that employers adhere to fair employment practices in the recruitment, employment, training, and retention of employees. Fair employment practices include the provision of equal employment opportunities for all regardless of one’s race, national origin, disability status, gender, or sexual orientation. Labor rights serve as a framework for employers to manage their recruitment and selection processes. They also inform how employers are to run their human resources departments with regard to the retention and promotion of employees.
Labor and employment rights give structure to organizations and also keep business owners informed about the proper methods of maintaining the structure of a company. Labor rights are related to minimum wage and overtime laws for all workers. Labor rights as stated in labor laws. also provide guidance for employers by requiring that businesses maintain employees’ pay records for compliance and other purposes.
Labor Rights and Unions
Labor rights allow employees who are part of labor unions to speak out about their concerns regarding wages, benefits, and working conditions. Labor rights in most countries also require employers to work with labor unions in order to refine a company’s terms and conditions of employment. This therefore increases the overall level of transparency in the hiring process of a company.
The upholding of labor rights ensures that the organizational integrity of a company remains intact. Therefore, labor rights are useful for the protection of proper business principles and ethical workplace actions. Employers who uphold their employees’ labor rights can therefore be considered to be good corporate citizens.
Labor Rights in Indonesia
Labor Rights Related to Overtime Work
Employers are obliged to pay their employees overtime fees if the employees are required to work beyond the time limit specified by HR regulations. The fees to be paid are stated by law but may also be modified through an agreement between employer and employee. The maximum duration of overtime work is either three hours a day or 14 hours a week; this total does not include overtime worked during public holidays or weekends.
Labor Rights Related to Leave
Employees in Indonesia are usually granted 12 working days as paid days of holiday after one year of working in a company. There are other forms of leave which are available to employees in Indonesia. Among these are marriage leave, which lasts for three days for the employees’ marriage and two days for their children’s marriage; menstrual leave, which is for female employees and last for the first one to two days of their menstruation cycle; Hajj leave, which is for Muslim employees, can only be used once, and lasts for up to three months so that they may perform the Hajj pilgrimage; and maternity leave, which is for female employees and is three months of paid leave when female employees are expecting. Half of the three months are usually taken prior to the due date and the other half after it. This leave can be extended if a licensed obstetrician or midwife determines that such is necessary.
Labor Rights Related to Salary
When determining the amount of salary that employees in Indonesia are to be paid, employers must consider the position, length of service, educational qualifications, and competency of the employee in question. The amount which an employee is to be paid should also be adjusted the payment in order to match the company’s financial condition as well as the performance level of the employee. In Indonesia, salaries which consist of basic salary and fixed allowance have the corresponding amount of minimal basic salary set at 75% of the sum of the basic salary and fixed allowance.
Employees who do not work must nevertheless be paid if any of the following conditions apply: if they are on sick leave, menstrual leave, marriage leave, childbirth leave, or compassionate leave; if they must carry out government-related duties; if they must fulfill religious obligations; if they are using one or more days of the leave to which they are entitled; if they are performing duties of labor unions; or if they are carrying out company-assigned tasks.
For one religious celebration each year, an employer is obliged to pay a religious holiday allowance to employees. The celebration is decided by the employee’s own religion. The amount of the allowance is to be calculated based on the employee’s length of service. An employee must have completed at least one year of service at any particular company in order to receive an amount of allowance equivalent to one month’s salary.
Laws that Govern Labor Rights in Indonesia
The primary piece of legislation governing employment relationships in Indonesia is Law No. 13 of 2003 on Manpower. This law mentions the rules related to the establishment of an employment relationship, terms and conditions of employment, and termination of employment. Law No. 2 of 2004 on industrial relations dispute settlement is another law with implications regarding labor rights in Indonesia. All laws related to labor rights are accompanied by the implementation of regulations created by either the Minister of Manpower or other government authorities.
It should also be noted that the provision stated in Article 158 of Law No. 13/2003 on termination was declared to be no longer in force according to a decision of the Constitutional Court of Indonesia. This is the case because this provision violates Article 27(1) of the 1945 Indonesian constitution.
Under Circular Letter of Manpower Minister No. SE.13/MEN/SJ-HK/I/2005, which is still in effect, the termination of an employment agreement on the ground of the employee’s grave wrongdoing or major fault, can be carried out if a final and binding verdict to that effect has been obtained from a criminal court judge.
To ensure that all employment laws in Indonesia are followed, the regional offices of the Ministry of Manpower provide supervisors for all matters related to manpower. These supervisors are to ensure compliance with all provisions stated in Indonesia’s employment laws.
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Labor Rights in Indonesia FAQs
Foreigners from any country are permitted to work in Indonesia as long as no Indonesian citizen is available or able to perform the tasks required in the position. However, this does not mean the foreigners’ labor rights in Indonesia differ from those of Indonesian citizens. Expatriate workers are entitled to the same protections under the relevant Indonesian labor laws and regulations as are their Indonesian counterparts.
The organizations in Indonesia which have done the most to defend labor rights in Indonesia are the International Labor Organization (ILO) and workers’ organizations. The ILO is an agency which operates under the auspices of the United Nations. It specifies labor standards to be followed around the world. It also provides representatives of workers and employers with an equal voice to those of governments with regard to the creation of the ILO’s policies.
Workers’ organizations are formed for the protection of workers’ rights and interests at both the national and regional level alike. For this reason, a functional society requires active and effective workers’ organizations. Thus, workers’ organizations do much to defend labor rights in Indonesia.
Labor unions are organizations formed from, by, and for workers for the defense of workers’ labor rights. There are several important labor unions in Indonesia that have much power and influence with regard to the protection of labor rights in the country. The leading labor union confederations in Indonesia are the Confederation of All Indonesian Trade Union (K-SPSI-Rekonsiliasi), Confederation of All Indonesian Trade Union (K-SPSI-Congress Jakarta), Confederation of Indonesian Trade Unions (CITU), and Confederation of Indonesian Prosperity Trade Union (K-SBSI).