Fate of Four Controversial Articles in Job Creation Law

IDNEWSNOW.COM, Jakarta – The House of Representatives (DPR) agreed to ratify the omnibus bill on Job Creation in a plenary session on Monday, October 5, 2020. The law regulated various matters summarized in 186 articles and 15 chapters.

Several articles were changed, including four were controversial articles concerning the length of the employment, working hours, overtime work, and leave.

Many parties objected to the changes as they would dismiss workers’ rights. Here is the fate of the four controversial articles in the new law.

  1. Article 59 on contracted workers

In the new regulation, the government does not detail the time limit for the renewal of workers’ contracts. Provisions regarding the details of the job type and activities, the time frame, and the deadline for the renewal of the work agreement will be set via derivative regulations through government regulations.

Whereas in the previous law, the agreement on the length of employment was set at a maximum of two years with only once contract renewal. The new law also scraps the rule on the grace time for the work contract renewal.

  1. Article 77 on working hours

The working hours are now determined based on the company regulations and are regulated in work agreements, company regulations, or collective agreements. 

  1. Article 78 on overtime 

Overtime working in the Job Creation Law is set at a maximum of four hours in one day and 18 hours a week. The amount is higher than in the previous rule, which is a maximum of three hours in one day and 14 hours in a week. The provisions noted on the derivative rules concerning overtime work were also removed.

  1. Article 79 on workers’ right to leave and rest

The government and the DPR agreed to not dismiss the workers’ rights for maternity and menstrual leave in the newly-passed omnibus law as previously deliberated.

However, they scrapped the workers’ rights for two days off per week. The Job Creation Law only stipulates one day rest for six working days per week.

Read also: Job Creation Law Scraps Workers’ Rights for Two Days Off Per Week

FRANCISCA CHRISTY ROSANA

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