Selasa, 14 Agustus 2018

Your Rights as an Employee – According to Indonesian law



As an employee, you have a number of rights that must be fulfilled by the company. Here are the rights of an employee in Indonesia.


As an employee, you have a number of rights that must be fulfilled by the company. These rights have been regulated in detail through labor law. The fulfillment of these rights is the company's responsibility. Each right has clear legal protection. It means that any violation can be subject to legal sanctions.




In order for your rights to be fully guaranteed, it's good to understand what are the things you have the right to get as employees. Your understanding will make sure that the company is not arbitrary in treating its workers and ensure that all of the workers obtain good welfare.
According to Indonesian law, here are the rights that you get as a worker:








The Right of Employment Status

The right to obtain employment status between the company and its employees is written in two articles, namely Article 56 and Article 60.


The article states that there are two types of employment status; certain part-time workers and indefinite time workers. A work agreement for a certain time cannot be held for permanent work. The easiest examples are nurses who work in hospitals. The profession cannot be bound by a certain time work agreement because the nature of the work of a nurse will always be needed as long as the hospital operates.






Clarity of working hour

Employees have the right to get clarity on working hours. This regulation is clearly stated in the labor law article no. 77 which states that the workload for employees is 7 hours a day for those who work 6 days a week and 8 hours a day for those who work 5 days a week.


The workload can be added and subtracted according to the agreement between the company and the employees. If the company asks for overtime, the employee has the right to receive additional payments, the amount of the payment is adjusted to the applicable regulations.






The Right to Welfare Benefits

Every worker has the right to get the welfare benefits. This right has been regulated in Law Number 3 of 1992 concerning Labor Social Security in Article 99. It is stated that companies must provide welfare facilities such as health insurance.





Employee Leave

The right to leave is contained in Article 85 which states that on official holidays workers are not obliged to work. However, if there is a mutual agreement between the company and its workers, the employees can still work on official holidays. 


In addition, there are also special leave for women (e.g., during menstruation, childbirth, and miscarriage) as well as personal leave adjusted to company regulations (usually 10-14 days a year).







The Right to Receive A Salary and Severance Package

The regulation of the salary rights is written in Article 93 paragraph 2 which states that an employee is obliged to be paid by the company even without working when facing conditions such as:
Marrying off a child, wife giving birth, miscarriage, continuing education from the company, facing misfortune, getting involved in an accident, or visiting the family member who died.



Furthermore, the company is also obliged to give a severance package to a worker whose employment relationship is unilaterally decided. The amount of the severance package depends on the period of employment.




Finally, it is very important to note that aside from receiving those rights you must also carry out your obligations as an employee. Although you are not working in the legal field, understanding the law relating to employment is important so that you can work optimally.


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

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