An Array of Interesting Facts concerning the Annual Leave of Employees in Indonesia

 In Ketenagakerjaan

 

The annual leave of employees in Indonesia covers a period of 12 days off. This determination has been regulated by the local law and regulation.

In terms of the economic development sector at the present moment, Indonesia is nothing but tremendous. This country provides an abundance of working opportunities not only for the locals but also foreigners.

 

There is no wonder that the sovereign state comprised of thousand islands is dotted with hoards of workers searching for a fortune for the sake of financial betterment. There is a multiplicity of benefits that the employees can get while working in Indonesia and one out of them is precisely the annual leave.

 

Also known as holiday pay, this sort of special privilege is such an appreciation given to the employees. While spending the time off of work, the working individuals keep receiving an amount of payment.

 

The number of the days in each country differs based on their government’s policy. Some nations in the western hemisphere apply for annual leave with the time period varying from 20 to 30 days.

How about the annual leave of employees in Indonesia ?

For more detail, there is no way better other than checking out this following explanation!

 

 

Reference: Labor and Employment in Indonesia

 

 

How The Annual Leave of Employees in Indonesia is Regulated

Interesting Facts the Annual Leave of Employees in Indonesia

The stipulation about the annual leave of the employees is obviously specified in the commandment of manpower referring to Indonesian Law number 13 of 2003 majorly on the article 79 (2) (c).

 

The regulation requires the legal companies to provide the workers at least 12 days annually. This kind of provision, for sure, doesn’t come with unclear rational. The condition is eligible to those who have worked in the correlated companies for about 12 months consecutively.

 

As a matter of fact, unless the employees take this valuable chance in one year, there will be no more holiday pay available to the following year.

 

For the duration of annual holiday pay, the employees are fully accessible to gain the whole salary. Does this sort of leave benefitting by most out of laborers only applicable go with a specific purpose?

 

The answer is definitely not. It turns out that the company has a multitude of paid leaves from maternity leave, parental leave, and many other options depending on the purpose why you rest from the busy day.

 

Taking the annual leave is, in essence, the worker’s right and anybody (both the employers and employees) must understand the circumstance.

 

 

 

 

Can the Employer Postpone the Annual Leave Given to the Workers?

Interesting Facts the Annual Leave of Employees in Indonesia

Yes, the workers might not get access for the annual leave and the employer reserves a right to deprive this privilege with the maximum period of 6 months.

 

This matter is possible to appear on the surface due to a range of acceptable reasons. In other words, the confirmation letting the employees renounce the annual leave must be nothing but understandable and apparent as well. Does the role of local administration carry out an impact on this? No, it doesn’t.

 

The technical detail why the companies ban the employees to enjoy the paid holiday is based on the consent made and agreed upon.

 

Apart from the previous query about the right of an employer in canceling the annual leave to the workers, there also comes with a basic question in regard to how the reality of this matter goes.

 

If the overall people in the western countries make the best use of their paid holiday more than 10 even 20 days, the Indonesian working men and women only have the benefit of the time off of work less than 12 days. The actuality is on the opposite of the legitimate Indonesian parameter and guideline.

 

True to the surprising fact concerning the number of days off that the employees take, the hard-working people are prone to follow what the head of the company instructs.

 

Normally, they only receive the annual leave within the period of 3 days. The provision in connection with the typical leave stating up to 12 days might not be beneficiary for both parties – in this case, they refer to an employer and a worker.

 

What about if the parties have no concord with the specified days off? The response is that the working people could have the benefit of annual leave with the minimum period of uninterrupted 6 days.

 

The Clarification regarding the Untaken Annual Leave

To shed light on the untaken annual leave, it is essential that the workers know the condition of this type of regard. When someone doesn’t go for this privilege and the case keeps continuing, the annual leave will regrettably become invalid within the period of 6 months after the right to acquire the holiday pay is issued.

 

Is there any compensation relating to this provided by companies? For the issue, the business is in need of providing the indemnity according to the consent that has been agreed upon between two parties.

 

Does the law of Indonesian administration control the compensation? When it comes to focusing on the amount of it, the government doesn’t have any authority to specify the number.

 

As it is stated in advance, the written agreement between the company and employee is the fundamental idea once the technical details are applied. Arguably, the collective labor agreements dealing with the annual leave of employees in Indonesia are somehow determining.

 

Other Benefits the Workers could Enjoy other than the Annual Leave

Not only can the employees take pleasure in the annual leave but they also have more opportunities in terms of rights as workers. Before going into a deeper clarification with reference to other rights, it is important to highlight the number of working hours applicable in Indonesia.

 

To put it in a nutshell, the government of Indonesia by way of its law and regulation stipulates that the upper limit of working hours is 40 hours per week. What does this indication mean? If it is found that the employees take a job and working-related duties more the agreed hours, a legal matter might affect the business.

 

What about time allocation? There are two sorts of time allocation available to be applied – they could be seven hours each day within the period of six days or eight hours each day with the period of five days.

 

As claimed by the freshest regulation, the whole companies from the large to small scale are not allowed to let the workers get on duty at the particular time. The range of the term is from 11 pm to 5 pm.

 

The significance of it is that working overnight truly violates the right of taking rest. When the employer remains going for the violation, the individual has another indication for the human’s exploitation. This one can send the people in the jail.

 

Another chance that you can take full advantage of as a worker in Indonesia is to get access to the overtime salary. In the Indonesian context, this term refers to upah kerja lembur. This particular thing is basically given to those who become a dedicated and loyal employer.

 

Unlike the regular workers, the one that gets this special occasion is subjected to get a job outside the main working hours. When the laborers fruitfully take on the job and decided duties, the individuals are capable of getting pleasure from the wage relatively more than the rests of general workers laborers. You have to underline that the maximum time of overtime working is 3 hours.

 

 

Reference: Labor and Employment Law in the Perspective of Labor, Employer, and Government

 

The Employees in Indonesia Receive Other Rights concerning Personal Purposes

Interesting Facts the Annual Leave of Employees in Indonesia

 

In addition to the annual leave, both domestic and foreign workers can take full advantage of numerous rights from maternity to parental leaves. Speaking of a working mother who is about to deliver a baby, the lady actually can take a paid holiday better known as maternity leave.

 

In Indonesia, the maternity leave takes place within 90 days or 3 months. The details of the maternity leave include 1.5 months before giving birth and the rest of the time after delivering a baby. How is the process to get this typical leave? Primarily, the female workers ought to provide a written medical letter first.

 

In line with the fresh regulation in connection with this special privilege; like the women, male employees are capable of benefitting the paternity leave. It clearly specifies that the workers can leave the duties and have fun with the paid holiday for about one month.

 

Under the particular state of affairs (stated in 2017 regulation number 24 issued by the agency of national civil service), the working fathers are able to acquire the leave. The condition includes when the male employee has a wife with the age of pregnancy reaches 9 months.

 

To let everything alright so that the exceptional prerogative right can be taken, a letter telling statement issued by the healthcare service should be indicated. Once the working fathers receive the paternity leave, the related individual can take care of his child and wife.

 

The decision of the Indonesian administration comes with a palpable reason, i.e. giving an appreciation to the male works when it comes to giving main priority to the family and protecting them.

 

How does the reality in regard to the paternity leave go after the fresh amendment is issued? The fact that the regulation gives an absence from the bustling work for male employees seems to prove futile. Instead of spending the days off up to one month, the male workers only have a go with approximately 5 days.

 

This type of thing literally is a bit alarming as the men should take pleasure in their holiday. The state of affairs comes into the sight because there is no clear consciousness against the importance of protecting children and spouse. Besides, they don’t understand how the government really cares about the gender quality.

 

Do the Sick Workers Remain Paid?

Like the working mothers and fathers, the sick employees can apply for the paid sick leave. When it is found that the individuals go through either an illness or an injury, the people basically can take a rest then get the payment from the company.

 

How does the application go with? For further clarification; it turns out that the sick workers should enclose a medical statement from a doctor.

 

Regardless of it, there is some consideration that needs to be understood. The workers can get the salary with a calculation of 100 percent during the first four months. What about the period of two months? The calculation is around 75 percent.

 

Subsequent to seeing the variety of leaves including the paid sick leave provided by the Indonesian administration by means of the regulation of labor force, it is pretty evident that working in Indonesia is absolutely safe. The right of the workers is fully guaranteed and protected.

 

While you are in bed, you still have a wide chance to receive the salary. What the government does is, as a matter of fact, the form of attention that needs to be appreciated.

 

 

 

 

 

A Range of Facts about Marriage Leave in Indonesia

Interesting Facts the Annual Leave of Employees in Indonesia

 

We must understand that the Indonesian businesses let their hard-working employees take full benefit of holidays from annual leave to paternity leave with full salary from them.

 

Another holiday that is completely paid is also addressed for the single individuals planning to get married. In the end, they will take an ample opportunity from the time off of work by taking the marriage leave.

 

What does this special privilege belong to? Along with leaves related to workers right from the son’s circumcision (available for 2 days) to family member’s death (available for 2 days). This sort basically is categorized to the personal leave.

 

Some might be befuddled with how many days the workers can enjoy their wedding moment as well as the honeymoon. According to the Indonesian law and regulation, vividly specifies in the act of labor force number 13 the year of 2013 article 93 point 2 (c), the marriage leave of the employee comes with a period of 3 days.

 

In addition to that, the legal statement expresses that the companies must provide proper compensation to the workers with particular conditions such as getting married, allowing their kids to get married, carrying put ceremonies like the child’s baptism and not to mention the son’s circumcision.

 

The period of 3 days, in fact, is considered shorter than the marriage leave in the world. Don’t you know that other countries provide more days off to those who plan to get married? A European country named Spain allows the married couples who work for a company to celebrate their wedding joy within 15 days (2 weeks).

 

While in Japan, the inhabitants can benefit the leave of marriage for around 5 days. What about China? It turns out that the Asian nation bordering to Korea and Mongolia lets its people have a benefit of time off of work for about one month (30 days).

 

 

How does the Application of Marriage Leave Go?

As we know that the annual leave of employees in Indonesia ranges from 6 to 12 days. Unlike the mentioned leave, marriage leave tends to be the shortest leave among the leaves stipulated by the Indonesian government. The truth that the workers only take full advantage of 3 days is somehow disappointing.

 

Some of the people, 3 days are not sufficient. Apart from this kind of issue, the regard that needs to take into account is how the employees can apply for the marriage leave.

 

The early step is nothing else but providing a supporting document that should be comprised of an official statement. The letter comes with an intention to get the day off for the sacred moment of marriage. In order for the head of the company be reliant on what you plan so far, there is no way better other than enclosing some important information such as the job position of yours, address, and not to mention the period of your rest.

 

What about the Leave for Particular Obligations?

How about if the workers should take an educational program as it is required by the company? Is it possible to take the leave? The answer is absolutely yes. The point that needs to take into consideration is that a worker will get the full wages while leaving the work duties in a condition of doing certain obligations.

 

They include fulfilling the obligation to the government or state, going for the union duties coming with approval from the person who employs you, carrying out the religious obligations, and the same is true with taking the education program as mentioned previously.

 

All in all, the annual leave of employees in Indonesia is basically a clear shape provided by the Indonesian administration by way of the companies to guarantee the people when it comes to taking their holiday. The full payment keeps given during the period of time off of work within 12 days.

 

Aside from the annual leave, the workers also have some broader opportunities to go for a break under some circumstances. The leaves that the people are accessible to take include maternity leave, parental leave, paternity leave, as well as personal leave.

 

BP LAWYERS CAN HELP YOU: WE CAN ASSIST YOU IN PROVIDING THE BEST SOLUTION TO THE LEGAL PROBLEM OF YOUR BUSINESS OR YOUR COMPANY’S. YOU CAN CONTACT US VIA ASK@BPLAWYERS.CO.ID OR +62 821 1000 4741

 

CC: INDONESIAGO DIGITAL
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