Indonesian Labor Law is something that the employees rarely pay attention to. It is important to notice that every Indonesian who works should understand their rights as an employee. Those rights are protected under Law No. 13 of 2003 on Manpower (Labor Law) which was created to ensure every employee is treated fairly by the employer. One of the points in the law is regarding the equal opportunity to get a job without any discrimination and has the right to be treated equally by their employers which was stated in article 5 & 6 in Chapter 3. The fact is the employer doesn’t really follow this rule as many employers usually put age and gender in the job vacancies which resulted limiting people to apply for a job. Another point that needs to be understood by employees is regarding their status. In the article 59 in Chapter IX, it was stated that contract-based status could only be applied to employees with the maximum limit of five years. The first contract is valid for two years, and then it can be renewed once for a maximum one year. After that, the new contract should only be valid for two years. If an employer is renewing the contract every year, the employees can bring the case to the court. Reference: Legal assistance the labor and employment On article 60 from Chapter IX, the employer is prohibited from extending the probation period longer than 3 months if the period of the contract is unspecified. On the same article, the employer also has to pay the employees according to the applicable minimum wages. The working hour is also mentioned in this labor law, particularly in article 77 which stated that working hours should only be eight hours per day during five working days every week. If the employees work six days a week, then the working hour is limited to 7 hours only. If employees want to work overtime, it should not be longer than 3 hours per day or 14 hours per week. Regarding the leave, according to the article number 79, every employee has a-12 days of annual leave if they have worked in the company for one year. This article also mentioned about the break time that should last more than 30 minutes after 4 hours of working consecutively. While this article is very clear about the annual leave and break, article number 93 contains the employees’ rights to be absent from work due to specific reasons. The reasons included on this article is the workers are to get married which liable to three days absence, while for the employees who have their son circumcised/baptized, have their wives give birth, or the death of employees’ parents, two days absence should be given. Those are some articles about Indonesian Labor Law which were declared in 2003. The employees should understand about these rights because most of the Indonesian employees are not aware that the law is very specific regarding their rights. By knowing these rights, the employees will be able to understand their position in the company and can demand theirs if the company fails to acknowledge it.
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June 2018
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