The Job Loss Insurance (JKP) PP 37/2021

JKP is organized based on the principle of social insurance with the aim to maintain the degree of a decent life at a time when workers lose jobs.

President Joko Widodo has published the official rules for the implementation of the program the Job Loss Insurance (JKP) for workers who are victims of termination of employment (PHK), on February 2, 2021.

That provision is the newest program in the BPJS Employment, namely the Job Loss Insurance (JKP) that has been decanted and passed to the Government Regulation (PP) No. 37 in 2021 on the Implementation of the Program the Best Job Loss. This rule is derived from Act (ACT) No. 11 2020 about the Copyrighted Work.

Under this policy, the government provides social security to the workers who were laid off in the form of cash, information access labor market, and job training through a program JKP organized by the BPJS Employment (Article 2 paragraph 1 of PP 37/2021).

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1. What are the Terms of Membership JKP?

2. How to List JKP?

3. How Dues JKP?

4. How to Pay Dues JKP?

5. What are the Benefits of JKP?

6. What If Employers did Not Register the Workers/Laborers to the Program JKP, But Do LAYOFFS?

7. What Happens If Employers Delinquent Dues JKP Up to 3 months In a Row?

8. How Long JKP Should be Thawed Since the Workers laid-off?

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1. WHAT ARE THE TERMS OF MEMBERSHIP JKP?

Membership of workers/laborers in the program JKP consists of the already included and new be registered. Condition, the workers/laborers is Indonesian citizen (WNI), has not yet reached 54 years old when registering, and have a working relationship with employers.

Additional requirements, workers in large and medium enterprises should also follow the JKN program, JKK, JHT, JP, and JKM from BPJS Ketenagakerjaan. Meanwhile, workers in micro and small enterprises at least participate in the program JKN, JKK, JHT, and JKM.

2. HOW TO LIST JKP?

Workers/laborers who had come with a variety of programs the best of BPJS Ketenagakerjaan will automatically become participants of the program JKP so PP 37/2021 enacted and in force. BPJS Ketenagakerjaan will provide proof of membership to workers/laborers and the certificate of membership to the entrepreneurs.

While the new company to register the workers/laborers, must fill out the registration form no later than 30 days from the workers/laborers began to work. The form includes nomor induk kependudukan (NIK), date of birth, number/start date and the expiration of the employment agreement.

BPJS Ketenagakerjaan will give the number of membership one working days from the registration form is received in full and dues first paid in full. After that, workers and employers each receive a proof and certificate of membership.

"Proof of membership program JKP for workers/laborers integrated in a single card of membership of the social security program on the BPJS Employment," the light of Article 7.

Workers/laborers who had a working relationship for more than one employer is obliged to diikutisertakan in the program JKP by the respective developers. Once you have registered as a participant then the workers/laborers choose one of the companies as a place to work that is registered to the program JKP.

3. HOW DUES JKP?

Dues program JKP must be paid every month by 0.46 per cent of the monthly wages of workers/laborers. About 0.22 percent of the amount of the dues will be paid by the government. The rest, paid by the funding source JKP which is a recomposition of the dues program JKK and PENSION that had previously been there and apply in BPJS Ketenagakerjaan. Dues JKK direkomposisi 0.14 percent and dues JKM 0.1 percent of wages per month.

Recomposition of the dues JKK refers to the level of risk which consists of five categories. First, the risk level is very low 0.1 percent of wages. Second, the risk is low of 0.4 percent. Third, the risk was 0.75 percent. Fourth, a high risk of 1.13 percent. Fifth, the risk is very high of 1.6 percent from a month's wage. Meanwhile, the recomposition of the dues JKM direkomposisi 0.1 percent to 0.2 percent.

"Wages are used as the basis of fee calculation is the wage of the last worker/workers reported entrepreneurs to BPJS Employment and does not exceed the upper limit wages. The upper limit of wages for the first time is set at $ 5 million," wrote the Article 11, paragraph 6 and paragraph 7.

When wages are above the upper limit, then the standard calculation of wages used fixed at the limit of it, namely Rp 5 million. Wages so the calculation consists of the basic wage and benefits remain. However, if the company does not include the calculation of the allowance, then only the basic wage so the calculation of dues.

Later, the amount of the dues and the upper limit of wages will be evaluated periodically every two years to consider the condition of the national economy and the calculation of the adequacy of actuarial liabilities. Evaluation by the government in the field of employment, finance, and the National Social security Council (DJSN), and then set in government regulations.

4. HOW TO PAY DUES JKP?

Payment is made to the BPJS Employment based on data from the membership that is integrated with data BPJS Kesehatan. Payment is done in accordance month repayment of dues. When the process of recomposition of the dues delayed, then the central government not to pay the dues.

5. WHAT ARE THE BENEFITS OF JKP?

The benefits given to the participants who were laid off for labor relations based on agreement work a certain time or a certain origin of the participants want to work again in another place after termination. Benefits can be taken when the participants had completed the dues for at least 12 months in 24 months or at least pay dues to six months in a row before going LAYOFFS. The benefits of JKP unacceptable workers if the relevant resigned himself, permanent disability, retirement, until his death. Workers will directly receive the benefits of the program when it laid off before the contract work is completed.

The terms of the disbursement of benefits, namely proof of receipt of the LAYOFFS by the workers/laborers, receipt report laid off from the department of employment of the district/city, the collective agreement that has been registered to the industrial relations court, the deed of proof of registration of the collective agreement, until the passage of the verdict of the court.

Furthermore, benefits are provided in three forms. First, cash at most six months given every month. Divided over 45 percent of the wages for the first three months, and 25 percent for the next three months.

When wages are received is not in accordance with the truth, so that there is a shortage of payment of benefits in cash, then the entrepreneur is obliged to pay the shortage of the cash benefits to workers/laborers at once.

Second, the benefits in the form of information access labor market in the form of information and guidance office by the officer antarkerja through a system of employment information. Information about labor market in the form of jobs, while the guidance in the form of assessment or career counseling. Third, the benefits of job training. The benefits are given for online or offline through training institutions work owned by the government, private sector, or a company that has been verified by the system of employment information.

Training institutions can work together with the institute of certification of the profession to test the competence of the license of the national professional certification. These benefits implemented by the government in the field of employment.

6. WHAT IF EMPLOYERS DID NOT REGISTER THE WORKERS/LABORERS TO THE PROGRAM JKP, BUT DO LAYOFFS?

If employers did not register the workers/laborers to the program JKP but do LAYOFFS, then the entrepreneur is obliged to fulfill the right of the cash benefits according to the calculation of program JKP simultaneously. So also with benefits training work. This rule can be excluded when the businessman is a micro business. Rights to the benefits JKP not be transferred, mortgaged or seized. Other rules mentioned entrepreneurs who are in arrears of dues for up to three months in a row and then going to the LAYOFFS, then BPJS Ketenagakerjaan remain obligated to pay the cash benefits to workers/laborers. When the payment of benefits is completed, employers are obliged to get rid of arrears of dues.

7. WHAT HAPPENS IF EMPLOYERS DELINQUENT DUES JKP UP TO 3 MONTHS IN A ROW?

When the fee that should be paid developers have her owed more than three months, then the employer is obliged to pay in advance the cash benefits to workers/laborers. When the obligation has been paid, the new employers could request replacement benefits to BPJS Employment paid three months after the entrepreneur repays the rights of workers/laborers.

8. HOW LONG JKP SHOULD BE THAWED SINCE THE WORKERS LAID-OFF?

Rights to the benefits JKP lost when workers do not apply for claims benefits for three months since the LAYOFFS, has to get a job, or died.

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