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.
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