JAKARTA, KOMPAS.com – President Joko Widodo denied reports that the Job Creation Law removed provisions regarding various types holiday such as maternity leave and sick leave, for employees.
“There are reports that all leave, sick leave, marriage leave, circumcision leave, baptismal leave, death leave, maternity leave, are abolished and there is no compensation. I also emphasize that this is not true. The right to leave remains and is guaranteed,” said Jokowi. in a press statement at the Presidential Palace, Bogor, West Java, Friday (9/10/2020).
What are the facts?
In fact, Jokowi is right that there is no complete elimination of leave. However, in the Job Creation Law there are provisions related to leave which are amended from Law Number 13 of 2003 concerning Manpower.
For example, Article 79 of the Manpower Law.
In this article, there is a special point that obliges certain companies to provide the right to leave or rest at least 2 months.
The provision is precisely stated in article 79 paragraph (2) letter d which reads:
“A long break of at least 2 (two) months and is carried out in the seventh and eighth year each 1 (one) month for workers / laborers who have worked for 6 (six) years continuously at the same company with the provisions of workers. The / laborer is no longer entitled to his / her annual rest within the current 2 (two) years and thereafter it applies to every multiple of the 6 (six) years working period “.
In the Job Creation Law this provision is revised.
In the broomstick law, it only states that certain companies can provide long breaks as regulated in work agreements, company regulations, or collective working agreements.
This provision is contained in Chapter IV of Employment, Article 81.
This has also become a concern of workers, including the Chairman of the Confederation of Indonesian Trade Unions, Said Iqbal, because the long leave is no longer the company’s obligation.
“In the omnibus law, the article governing long leave is changed, so that long leave is no longer the obligation of the employer,” said Said.