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Questions regarding hours of work in Indonesia
Questions regarding hours of work in Indonesia
Hours of Work, Rest time work, overtime stipulated in article 77 to article 85 of Law 13 of 2003 on Manpower. In some companies, working hours, rest periods and overtime included in the Collective Labour Agreement (CLA)
It's not tiring, if we are required to work long hours inside and outside the office everyday, even up overtime. What about overtime pay us? How much is the appropriate wage for the hours we work? Not to mention, on the sidelines of the working hours, employees are also eligible for a break and time to worship. Question - the question would often crossed your mind. Now, let's get together tela'ah yes.
How long will our actual working hours in a day?
For employees who work six days a week, the working hours are 7 hours in 1 day and 40 hours in one week. As for employees with 5 working days in one week, the obligation to work their eight hours in one day and 40 hours in one week.
Working Hours dalah time to do the job, can be carried out during the day and / or night. Working hours for workers in the private sector is regulated in Law No. 13 of 2003 on Labour, in particular article 77 to article 85.
Article 77, paragraph 1, of Law No.13 / 2003 requires all employers to implement the provisions of working hours. Conditions of working hours have been arranged in 2 telas system as mentioned above, namely:
7 hours of work in one day or 40 hours in one week to six days of work in one week; or
8 hours in one day or 40 hours in one week to five days of work in one week.
In both systems working hours are also given the limitations of working hours is 40 (forty) hours in one (1) week. If the exceeding of the working time provisions, the regular working time is considered entered as overtime so that workers / laborers are entitled to overtime pay.
Is working hours for 40 hours / week applies to all business sectors or types of jobs?
Conditions during the working time of 40 hours / week (in accordance with Article 77, paragraph 1, of Law No.13 / 2003) do not apply to the business sector or a particular job. The provisions concerning working time in the business sector or a particular job the rest is stipulated in the Decree of the Minister.
Ministerial Decree in question is Kepmenakertrans No. 233 of the type and nature of work The Run In Continuous, of which Article 3, paragraph (1) provides that the ongoing work are:
work in the field of health services;
work in the field of transportation services;
work in the field of transport equipment repair services;
work in the tourism business;
work in the field of postal services and telecommunications;
work in the field of electricity supply, clean water service network (PAM), and the provision of fuel oil and natural gas;
work in the supermarket business, shopping centers, and the like;
work in the field of mass media;
work in the field of security;
employment in conservation organizations;
jobs when stopped will interrupt the production process, material damage, and including maintenance / repair production equipment.
Under the regulation, the types of jobs above can take place continuously, without following the provisions of working hours as stated in Law No. 13 in 2003. However, any excess hours of work done by laborers / workers in carrying out the work as listed above, should be counted as overtime to be paid for the rights of workers / employees who are protected by the Act.
There are also certain jobs that must run constantly, including on public holidays (Article 85 paragraph 2 of Law No.13 / 2003). The work that constantly is then set in Kepmenakertrans No. Kep-233 / Men / 2003 of 2003 on the type and nature of the job that is run By Continuous. And in practice would work undertaken this constantly run to the division of working time into the shift-shift.
How Collective Labour Agreement governing the Hours of Work?
The provisions regarding the division of working hours, this time referring to the Law No.13 / 2003. Working time provisions only set limits on working time for seven or eight a day and 40 hours a week and do not set the time or hour when work begins and ends.
Setting start and end time or hours of work each day and during the period of a week, should be clearly accordance with the requirements by the parties to the Employment Agreement, the Company Regulations (PP) or the Collective Labour Agreement (CLA).
At some companies, the working time specified in the Company Regulations (PP) or the Collective Labour Agreement (CLA). As stipulated in Article 108 paragraph 1 of Law No.13 / 2003, PP and PKB into force once ratified by the Minister or a designated official (usually Disnaker).
What is the overtime?
Overtime is working time exceed seven hours a day for six days of work and 40 hours a week or 8 hours a day for 8 weekdays and 40 hours a week or working time on a weekly rest day or during official holidays established by the Government ( Article 1 paragraph 1 of Regulation No. 102 / MEN / VI / 2004).
Overtime work can be done at most 3 hours / day and 14 hours in one week beyond the weekly rest or a statutory holiday.
What about the calculation of overtime pay?
Overtime Wage Calculation based monthly wages by calculating the hourly wage is 1/173 monthly wage.
Based on the provisions contained in Ministerial Decree No. 102 / MEN / VI / 2004, overtime pay calculation formula is as follows:
a) Calculation of Overtime Wages On Weekdays
CALCULATION OF OVERTIME WAGES ON WORKING DAYS
Overtime hours
Formula
Information
First hour
1.5 x 1/173 x Wages month
A month wage is 100% of wages when the prevailing wage in the company consists of basic salary and fixed allowance.
Hours 2nd & 3rd
2 x 1/173 x Wages month
Or 75% when the wages prevailing wage in the company consist of basic salary, allowances and benefits still not fixed. With a month wage provisions should not be lower than the minimum wage
Example:
Manda working hours are 8 hours a day / 40 hours a week. He had to work overtime for 2 hours / day for 2 days. Manda is the salary earned Rp. 2,000,000 / month including basic salary and fixed allowance. How much overtime obtained Manda?
Manda just do overtime total is 4 hours. Manda take home pay in the form of base salary and fixed allowance means the wage per month = 100% of salary
In accordance with the formula Overtime Wages Manda:
4 hours x 1/173 x Rp. 2,000,000 = Rp.46.243
What says the Law on work calls all of a sudden?
In Labor Law 13 of 2003 alone, does not regulate the work calls all of a sudden. However, Law No.13 / 2003 regulating overtime on weekdays, weekly rest days and statutory holidays. Questions regarding overtime work on a weekly rest day and public holidays you can see in the "Weekend and Holidays"
How Collective Labour Agreement governing the work calls all of a sudden?
Because the Labor Law 13 of 2003 does not regulate the work calls all of a sudden. Company Regulations or Collective Labour Agreement that regulates the rules concerning the work calls suddenly on holiday. Terms of the calling job abruptly are:
There consent worker / laborer
There is work that endangers the safety of the company if it is not quickly resolved.
In the completion of the work is very important for the company and taking into account suggestions - suggestions Unions.
Management companies can organize working hours and overtime and overtime wage calculation (either through the Company Regulations and Collective Labour Agreement) all still in accordance with the provisions of the legislation in force.
What is the work breaks?
Off hours is the time for recovery after doing a job for a certain time. It is the obligation of the company to give time off to their employees.
What the Law on Working Hours Rest?
Every worker is entitled to a break between working hours in a day, for at least half an hour after working 4 hours continuously and rest periods do not include hours of work (Article 79 of Law 13/2003). In addition, employers are required to provide sufficient time for workers to practice their religion (Article 80 of Law 13/2003).
Weekly rest period should not be less than 1 (one) day after six (6) working days or not be less than 2 (two) days after 5 (five) working days of the week (Article 79 of Law 13/2003).
According to article 85 of Law no. 13 In 2003, workers are not obliged to work on the day - official holidays or days off set by the company. Because the break is our right, the companies are required to provide their full wages. However, there are times when the company requires workers to keep working on the day - a day off because of the nature of work to be performed on - and on. Companies who hire workers on a holiday, is obliged to pay overtime wages.
How Collective Labour Agreement governing the Rest Hours Work?
The terms of employment should be included in the Collective Labour Agreement (CLA) one is Weekdays, Hours of Work, Rest and Time Overtime. Rest periods in accordance with Law No.13 / 2003, the rest time between working hours for at least half an hour after working continuously for 4 hours and rest periods do not include hours of work (Article 79 of Law 13/2003). And a weekly rest period is 1 day to 6 working days / week or 2 days to 5 working days / week (Article 79 of Law 13/2003).
In practice, this rest period granted by the company during the lunch hour, there are 11:30 to 12:30, or 12:00 to 13:00 some are giving time off 12:30 to 13:30. There is a rest period is only half an hour, but most companies give a one-hour break. And determining the rest hours be the policy of each company organized in the Company Regulations (PP), or the Collective Labor Agreement (CLA).
In the Collective Labor Agreement, shall be detailed on working hours, rest periods and working hours for those who work with shift-shift system. And usually the CBA any, specified hour work shift for each division (eg division of production, security, etc.).
Provisions days and hours of work in the Joint Working Agreement may be amended by agreement between employers and trade unions as well as the implementation is done by setting the working calendar each year with certainly heed the legislation in force.
How much time off work during the day due to you employees?
Every employee is entitled to a break between working hours in a day, for at least half an hour after working 4 hours continuously and rest periods do not include working hours. In addition, employers are required to provide sufficient time for employees to practice their religion.
What the Law on shift work morning, noon and night?
Setting work hours in a shift system regulated in the Law no.13 / 2003 on Employment is regulated in the Articles as follows:
If the hours worked in the environment of a company or other legal entity (hereinafter referred to as "the company") specified three (3) shifts, sharing every shift is a maximum of 8 hours per day, including breaks between working hours (Article 79 paragraph 2 letter a of Law No. .13 / 2003)
Accumulative number of hours worked each shift should not be more than 40 hours per week (Article 77, paragraph 2 of Law No.13 / 2003).
Every worker who works exceeding the working time of 8 hours / day per shift or exceeds the number of working hours accumulative 40 hours per week, must consent and by warrant (written) on the leadership (management) company that counted as overtime work (Article 78 paragraph 2 of Law No.13 / 2003).
In the application, there are jobs that run continuously run to the division of working time into the shift-shift. According to Ministerial Decree 233 / Men / 2003, which referred to the work that diljalankan continuously here is work by type and nature must be installed or run continuously or in other circumstances by agreement between workers and employers. Examples of the types and nature of work to be done continuously is: the employment of health services, tourism, transport, post and telecommunications, electricity, shopping centers, mass media, security, and others set forth in Kep.233 / Men / 2003 Section 2.
There are also special rules governing the distribution of working time for the guard that SKB minister and the Chief of Police No. Kep.275 / Men / 1989 and No. Pol.Kep / 04 / V / 1989. And also specific regulations concerning working hours for workers in the sectors of energy and mineral resources, namely the Ministry of Manpower and Transmigration No. Kep.234 // Men / 2003 on Working Time and Rest Time In Business Sector Energy and Mineral Resources in the Region Certain.
What the Act says about women workers who work the night shift?
According to article 76 of Law No. 13 In 2003, women workers under the age of 18 (eighteen) years is prohibited employed between 23.00 to 07.00, which means female workers over 18 (eighteen) years old are allowed to work the night shift (23:00 to 07:00). The Company is also prohibited to employ pregnant women workers, who according to doctors harmful to the health and safety of its contents as well as to himself when working between 23.00 to 07.00.
How Collective Labour Agreement governing shift work morning, noon and night?
Because it is not regulated specifically regarding the distribution of working hours into the shift-shift in the Law no.13 / 2003, how many hours should one shift is done, then the management company can make arrangements hour work shift (either through company regulations, the Employment Agreement and the Employment Agreement together) in accordance with the legislation in force.
When an employee is working until well past normal working hours, is it true that the company is obliged to provide transport for employees drove home TSB? Is our reward will be paid in full on the day of weekly rest periods (weekend / day off) and a national holiday?
It is the obligation of the company to give time off to their employees. Weekly rest period should not be less than 1 (one) day after six (6) working days or not be less than 2 (two) days after 5 (five) working days in a week and by Law - Law no. 13 Article 85 of 2003, workers are not obliged to work on the day - official holidays or days off set by the company. Because the break is our right, the companies are required to provide their full wages. However, there are times when the company requires workers to keep working on the day - a day off because of the nature of work to be performed on - and on. Companies who hire workers on a holiday, is obliged to pay overtime wages.
What if our working hours far in excess of standard working hours (40jam / week)? And what if the company does not pay the excess working hours?
Working hours in accordance with the Law OF in Indonesia is 40 hours / week, for hours worked beyond that, the company must pay overtime wages. If the company does not pay overtime, workers can sue via human resource management in companies or in consultation with the union and the company could be exposed to criminal sanctions / administrative.
However, sometimes there are certain types of work where the company does require employees to work more than the standard working hours (type of work set out in Ministerial Decree 233). Employers who hire workers over time to be eligible:
a. No approval of the worker / laborer
b. overtime work can be done at most three (3) hours in one (1) day and 14 (fourteen) hours in one (1) week
Usually the company will notify our working hours beyond the standard and system pengupahannya during a job interview, and we reserve the right to negotiate on this matter. The deal further hours of work it will be written in the Letter of Employment Agreement. If there was an agreement on this matter, then we as workers can not demand.
What about the calculation of hours worked the night shift?
According to the Law no.13 of 2003, the working hours will apply to 7 hours in 1 day and 40 hours in one week for employees with six working days. As for employees with 5 working days in one week, the obligation to work their eight hours in one day and 40 hours in one week. However, working time provisions above do not apply to the business sector or a particular job for example: employment in the mining sector, a 24-hour services such as hospitals, Fire, Call Center, etc. Working hours on this work reaches 8 to 12 hours of work in one day.
For the night shift working hours, in practice employees working night shifts for 7 hours in one day during the 5 working days, with a total of 35 hours in one week, in contrast to 5 hours a week compared to the hours of shift work morning / afternoon. But there are also companies that still employ the same night shift employees as employees shift morning / afternoon ie 8 hours / day or 40 hours a week to give a shift allowance.
Does the arrival of two times in one day work for shift workers were allowed? Is it in accordance with applicable law?
No Employment Act which stipulates that shift workers are required to come 2 times in 1 working day. Regulation Act is Kep.234 / MEN / 2003 and sweets Minister 15 Year 2005 on Working Time and resting On the General Mining Sector On Specific Operations Area is not set as the shift.
Article 77 paragraph (3) of Act 3 of 2003 which reads as follows;
(3) The provisions of working time referred to in paragraph (2) shall not apply to the business sector or a particular job.
Meanwhile an explanation regarding Article 77 paragraph (3) was referred to the business sector or a particular job in this paragraph for instance, work on offshore oil drilling, transport driver distance, flight distance, the work on the ship (sea), or logging.
So, if there Company Regulations (PP) in the company you work contrary to the existing regulations, the Company Regulations where you work becomes null and void.
What to do if the company carrying out activities outside working hours activities that have nothing to do with employment services such as gymnastics in the morning? Whether it can be classified as overtime for shift workers / employees are on vacation?
Morning gymnastics policy made by the company when viewed from the positive side is for interest to maintain the health and fitness of employees. However, if contrary to the duty-hour shift is not possible to implement, then you can mennyampaikan objections to the management company for the right reasons.
However, if your company organize meetings / activities outside working hours related to the duties, then you are entitled to overtime in accordance with the law. Commands overtime must be approved by the employee concerned under the provisions of Article 78 paragraph (1) and (2) which reads as follows;
Paragraph (1) Employers who employ workers / laborers to work overtime as referred to in Article 77 paragraph (2) shall be eligible:
a. No approval of the worker / laborer; and
b. overtime work can be done at most three (3) hours in one (1) day and 14 (fourteen) hours in one (1) week.
Paragraph (2) Employers who employ workers / laborers to work overtime as referred to in paragraph (1) shall pay overtime wages.
How regulations concerning article 5 paragraph 2 in Decree 234 of 2003 on work and rest periods in the sector of energy and mineral resources in certain areas?
The contents of Ministerial Decree 234 / MEN / 2003 on Working Time and Rest In Business Sector Energy and Mineral Resources In Specific Areas of Article 5 paragraph (2) are:
Article 5
(2) The company uses work time as referred to in Article 2 paragraph (1) letter c through letter n, must use a comparison of time working with the rest time of 2 (two) to 1 (one) for 1 (one) period of employment with the provisions maximum of 14 (fourteen) days consecutively and minimum rest five (5) days with fixed wages paid.
When you look at the provisions of Article 5, paragraph 2 234 / MEN / 2003 Kepmenakertrans mentioned above, it would have been if you work for 6 weeks should get 19 days resting. However, when referring to Article 3 and Article 4 paragraph (1) and (2) Kepmennakertrans 234 / MEN / 2003, which reads as follows;
Article 3
Implementation of the break is set in the Work Agreement, Company Regulations, or Collective Labor Agreement in accordance with the needs of the company.
Article 4
(1) The company can make the turn or change work hours to select and set back the working hours as referred to in Article 2 paragraph (1).
(2) Substitution or change in working hours as referred to in paragraph (1) shall be notified in advance by the entrepreneur to the worker / laborer at least 30 (thirty) days prior to the date of the changes implemented.
Section 3 above is pretty straightforward set Work Agreement, Company Regulations or Collective Labor Agreement. Article 4 paragraph (1) clear the company can pass replacement work time. But also tied in paragraph (2), if you agree it does not matter. Especially for the Collective Labor Agreement mechanism should be the Union.
If we come to work late, but still works commencing work 4 hours (less than 8 hours), do not eat the right wage is given?
Money can still eat, every Labor / Workers have been working 4 hours continuously entitled to receive a reward meal.
Source:
Indonesia. Law No. 13 of 2003 on Manpower.
Joint Decree of the Minister of Labour and National Police Chief, No. Kep.275 / Men / 1989 and No. Pol.Kep / 04 / V / 1989 on setting Hours of Work, Rest and Time Shift and Power Development Security Unit (SECURITY).
Decree of the Minister of Manpower and Transmigration No. Kep.233 / Men / 2003 about the type and nature of the job being run continuously.
Decree of the Minister of Manpower and Transmigration No. Kep.234 // Men / 2003 on Working Time and Rest Time In Business Sector Energy and Mineral Resources in Certain Areas
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