Working Time and Resting Time

Working hours is the time used to do the job and set out in the employment agreement, the Company Regulations or Collective Labor Agreement.

There are several provisions regarding working time and rest has changed since the enactment of Government Regulation No. 35 / 2021

What are the changes? Check out the explanation below

 

OLD RULES

NEW RULES

Working time

Every employer is obliged to implement the following working time provisions:

  1. 7 (seven) hours 1 (one) day and 40 (forty) hours 1 (one) week for 6 (six) working days in 1 (one) week; or
  2. 8 (eight) hours 1 (one) day and 40 (forty) hours 1 (one) week for 5 (five) working days in 1 (one) week.

 

Working time

No changes

Based on GR No. 35 of 2021 Article 21 paragraphs (1) and (2)

Working Hours in Certain Business Sectors or Occupations

In the Manpower Act No.13 of 2003, it is stated that, the provisions regarding working hours in certain business sectors or jobs are regulated based on a ministerial decision.

 

Working Hours in Certain Business Sectors or Occupations

The implementation of working hours for Workers / Laborers is regulated in a Work Agreement, Company Regulation or Collective Bargaining Agreement

Based on GR No. 35 of 2021 Article 21 paragraphs (3) and (4), Article 25

 

Companies in certain business sectors or jobs that apply less than the specified working time are jobs that:

  1. completion of work in less than 7 (seven) hours 1 (one) day and less than 35 (thirty five) hours 1 (one) week;
  2. flexible working time; or
  3. work can be performed outside of the work site.

Further provisions regarding working hours and rest periods in the business sector or certain other jobs are regulated in accordance with the Ministerial Regulation

Based on GR No. 35 of 2021 Article 23

Weekly Rest

Employers are obliged to provide rest and leave to workers in the form of a weekly break of 1 (one) day for 6 (six) working days in 1 (one) week or
2 (two) days for 5 (five) working days in 1 (one) week.

 

Weekly Rest

No changes

Based on GR No. 35 of 2021 Article 22

Working Overtime

In the Manpower Act No.13 of 2003, it is stated that, workers' overtime work can only be done a maximum of 3 (three) hours in 1 (one) day and 14 (fourteen) hours in one week.

 

Working Overtime

Overtime can only be done for a maximum of 4 (four) hours in 1 (one) day and 18 (eighteen) hours in 1 (one) week

Based on GR No. 35 of 2021 Article 26

Calculation of Overtime Wages

Decree of the Minister of Manpower Number KEP. 102 / MEN / VI / 2004 concerning Overtime Work and Overtime Wages states that the method of calculating overtime wages is as follows:
If overtime is done on a working day:

  1. for the first hour of overtime work must be paid a wage of 1.5 (one and a half) times the wages per hour;
  2. For each subsequent hour of overtime, 2 (two) times the hour's wages must be paid.

If overtime work is carried out on weekly rest days and / or official holidays for 6 (six) working days 40 (forty) hours a week then:

  1. Calculation of overtime pay for the first 7 (seven) hours to be paid 2 (two) times an hour's wages, and the eighth hour to be paid 3 (three) times an hour's wages and the ninth and tenth 4 (four) times the hour's wages;
  2. If the official holiday falls on the shortest working day, the first 5 (five) hours of overtime pay is paid 2 (two) times the wages of an hour, the sixth hour is 3 (three) times the wages of an hour and the seventh and eighth 4 (four) times overtime pay an hour.


If overtime work is carried out on a weekly rest day and / or official holidays for 5 (five) working days and 40 (forty) hours a week, then:

  1. Calculation of overtime wages for the first 8 (eight) hours to be paid 2 (two) times an hour's wages, the ninth hour to be paid 3 (three) times one hour's wages and the tenth and eleventh hour's wages 4 (four) times an hour's wages.
  2. If overtime work is performed on weekly rest days and / or official holidays for 5 (five) working days and 40 (forty) hours a week, the calculation of overtime wages for the first 8 (eight) hours is paid 2 (two). ) times one hour's wages, the ninth hour is paid 3 (three) times one hour's wages and the tenth and eleventh hour is paid 4 (four) times an hour's wages.

 

Calculation of Overtime Wages

Companies that employ workers overtime are required to pay Overtime Wages provided that:

  1. For the first overtime working hour of 1.5 (one point five) times of Wages per hour; and
  2. For each subsequent overtime working hour, 2 (two) times the Wages per hour.


If overtime work is performed on weekly rest days and / or official holidays for 6 (six) working days and 40 (forty) hours a week, then:

  1. The calculation of the first hour to the seventh hour overtime wages, paid 2 (two) times the wages per hour; the eighth hour, paid 3 (three) times the Wages per hour; and the ninth hour, tenth hour and eleventh hour, paid 4 (four) times the Wages per hour;
  2. If the official holiday falls on the shortest working day, the calculation of Overtime Wages shall be carried out as follows: the first hour to the fifth hour, to be paid 2 (two) times the wages per hour; the sixth hour, paid 3 (three) times the Wages per hour; and the seventh hour, the eighth hour, and the ninth hour, to be paid 4 (four) times the Wages per hour.

If overtime work is carried out on a weekly rest day and / or official holidays for 5 (five) working days and 40 (forty) hours a week, then: the calculation of Overtime Wages for the first hour to the eighth hour, is paid 2 (two) Wages times an hour; the ninth hour, paid 3 (three) times the Wages per hour; and the tenth hour, the eleventh hour and the twelfth hour, paid 4 (four) times the Wages per hour.

Based on GR No. 35 of 2021 Article 31

 

Monthly Wages to Calculate Daily Worker Overtime Wages

The method of calculating the hourly Wage for calculating overtime pay is 1/173 (one hundred seventy three) times the monthly Wage. In the event that the Worker's Wages are paid on a daily basis, the calculation of the amount of the monthly Wages shall be carried out with the following conditions:

  1. Daily wage multiplied by 25 (twenty five), for Workers / Laborers who work 6 (six) working days in 1 (one) week; or
  2. Daily wages multiplied by 21 (twenty one), for Workers / Laborers who work 5 (five) working days in 1 (one) week
  3. In the event that the Worker / Laborer Wages are paid on the basis of the calculation of the unit of output, the monthly Wage is the same as the average income in the last 12 (twelve) months.
  4. In the event that the monthly Wage is lower than the minimum Wage, the monthly Wage is used as the basis for calculating the Overtime Wage, namely the minimum Wage applicable in the area where the Worker / Laborer works.

Based on GR No. 35 of 2021 Article 33

Long break

In the Manpower Act No.13 of 2003, it is stated that, the long rest received by workers is regulated for at least 2 (two) months and is implemented in the seventh and eighth year with 1 (one) month each and the worker / laborer has worked for 6 (six) years continuously at the same company provided that the said worker / laborer is no longer entitled to his annual rest within the current 2 (two) years and thereafter applies to every multiple of the 6 (six) year working period.

 

Long break

Certain companies can provide a long break and its implementation is regulated in an Employment Agreement, Company Regulations or Collective Bargaining Agreement

Based on GR No. 35 of 2021 Article 35

 

 

 

 

 

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Source:

  • Indonesia. Labor Law no. 13 Year 2003
  • Indonesia. Government Regulation No. 35 Year 2021
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