According to Airlangga, working time still refers to the old rules. Meanwhile, jobs that require flexibility such as e-commerce are regulated in accordance with Article 77 of the Job Creation Law.
As an illustration, based on article 78 paragraph (1) point b of the Job Creation Law, overtime work can only be done a maximum of 4 (four) hours in 1 (one) day and 18 (eighteen) hours in 1 (one) week.
Previously, in article 78 paragraph (1) point b of the Manpower Law No.13 of 2003, overtime work could only be done at most 3 (three) hours in 1 (one) day and 14 (fourteen) hours in 1 (one) Sunday.
Apart from that, the provisions regarding overtime working hours and overtime wages which were previously regulated by a Ministerial Decree become regulated in a Government Regulation. Meanwhile, the Job Creation Law also omits point a in article 77 paragraph (2) of the Manpower Act No.13 of 2003 regarding working time.
As stated in article 77 paragraph 2 of the Copyright Act, the longest working time is 8 (eight) hours 1 (one) day and 40 (forty) hours 1 (one) week. In addition, there is an additional article 77 A in the Job Creation Act which states if the employer can enforce working hours that exceed the provisions of article 77 paragraph (2) for a particular type of work or business sector.
It is stated in Article 77 A paragraph (2) that this working time is carried out based on the work period scheme. Thus, workers in certain sectors may work more than eight hours per day.
“Then those related to the working week break are still like the old temporary law which is certain in nature and requires flexibility such as e-commerce is regulated in accordance with Article 77,” he said in a press conference at the Office of the Coordinating Ministry for Economic Affairs, Jakarta, Wednesday (7/10). / 2020).
Airlangga added that the company is also obliged to provide leave and rest time to its workers. This leave includes childbirth, breastfeeding until menstruation.
“Then it was emphasized that the company was obliged to provide leave and rest time, obliged to provide time for worship, as well as those related to leave, both for childbirth, breastfeeding and menstruation still in accordance with the law were not abolished,” he explained.