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- Bu səhifədəki naviqasiya:
- The Second Paragraph Children Article 68
- Article 73
- Third Paragraph Women Article 76
- Fourth Paragraph Working Hours 21
- Article 87 (1)
- Article 90
- Article 92 (1)
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Part One
Protection First Paragraph Disabled persons Article 67 (1) Entrepreneurs who employ disabled workers are under an obligation to provide protection to the workers in accordance with the type and severity of their disability. (2) The protection for disabled workers as referred to under subsection (1) shall be administered in accordance with valid statutory legislation.
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Children Article 68 Entrepreneurs are not allowed to employ children.
(1) Exemption from what is stipulated under Article 68 may be made for the employment of children aged between 13 (thirteen) years old and 15 (fifteen) years old for light work as long as the job does not stunt or disrupt their physical, mental and social developments.
(2) Entrepreneurs who employ children for light work as referred to under subsection (1) must meet the following requirements: a. The entrepreneurs must have written permission from the parents or guardians of the children; b. There must be a work agreement between the entrepreneur and the parents or guardians of the children; c. The entrepreneurs must not require the children to work longer than 3 (three) hours [a day]; d. The entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; e. [In employing the children, the entrepreneurs shall meet] occupational safety and health requirements; f.
A clear-cut employment relation [between the entrepreneur and the child worker/ his or her parent or guardian] must be established; and g. The children shall be entitled to receive wages in accordance with valid rulings.
(3) The rulings that are referred to under point a, b, f and point g of subsection (2) shall not apply to children who work for [their parent] in a family business.
(1) Children may [be allowed to] do a job or a piece of work at a workplace as part of their school’s education curriculum or training which has been made legal by the authorities.
(2) The children as referred to under subsection (1) shall not be younger than 14 (fourteen) years of age. (3) The job or the piece of work as referred to under subsection (1) may be given to the children on the condition:
a. That the children are given clear-cut instructions on how to do their job as well as guidance and supervision on how to carry out the work; and
b. That the occupational safety and health of the children are protected. Article 71 (1) Children may work or have a job in order to develop their talents and interest.
(2) Entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements:
a. That the children are put under direct supervision of their parents or guardians; b. That the children are not required to work longer than 3 (three) hours a day; and c. That the working conditions and environment where the children work do not disrupt their physical, mental and social developments as well as their education and attendance at school;
(3) Provisions concerning children who work to develop their talents and interest as referred to under subsection (1) and subsection (2) shall be regulated with a Ministerial Decision.
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In case children are employed together with adult workers/ labourers, the children’s workplace must be kept separate from that for adult workers/ labourers.
Children shall be assumed to be at work if they are found in a workplace unless there is evidence to prove otherwise.
(1) Every body shall be prohibited from employing and involving children in the worst forms of child labour [literal: in the worst jobs].
(2) The worst forms of child labour [literal: the worst jobs] as referred to under subsection (1) include: a. All kinds of job in the form of slavery or practices similar to slavery; b. All kinds of job that make use of, procure, or offer children for prostitution, the production of pornography, pornographic performances, or gambling; c. All kinds of job that make use of, procure, or involve children for the production and trade of alcoholic beverages, narcotics, psychotropic substances, and other addictive substances; and/or d. All kinds of job harmful to the health, safety and moral of the child.
(3) The types of jobs that damage the health, safety or moral of the child as referred to under point d of subsection (2) shall be determined and specified with a Ministerial Decision.
(1) The government is under an obligation to make efforts to overcome problems concerning or associated with children who work outside of employment relationship.
(2) The efforts as referred to under subsection (1) shall be determined and specified with a Government Regulation.
Women
(1) It is prohibited to employ female workers/ labourers aged less than 18 (eighteen) years of age between 11 p.m. until 7 a.m.
(2) Entrepreneurs are prohibited from employing pregnant female workers/ labourers who, according to a doctor’s account, are at risk of damaging their health or harming their own safety and the safety of the babies that are in their wombs if they work between 11 p.m. until 7 a.m.
(3) Entrepreneurs who employ female workers/ labourers to work between 11 p.m. until 7 a.m. are under an obligation: a. To provide them with nutritious food and drinks; and b. To maintain decency/ morality and security in the workplace.
(4) Entrepreneurs are under an obligation to provide return/ roundtrip transport for female workers/ labourers who work between 11 p.m. until 5 a.m.
(5) Provisions as referred to under subsection (3) and subsection (4) shall be regulated with a Ministerial Decision.
Working Hours 21
Article 77 (1) Every entrepreneur is under an obligation to observe the ruling concerning working hours.
(2) The working hours as referred to under subsection (1) shall be arranged as follows: a. 7 (seven) hours a day and 40 (forty) hours a week for 6 (six) workdays in a week; or b. 8 (eight) hours a day, 40 (forty) hours a week for 5 (five) workdays in a week;
(3) Rulings concerning the working hours as referred to under subsection (2) do not apply to certain business sectors or certain types of work.
(4) Rulings concerning working hours for certain business sectors or certain types of work as referred to under subsection (3) shall be regulated with a Ministerial Decision.
(1) Entrepreneurs who require their workers/ labourers to work longer than the amount of working hours determined under subsection (2) of Article 77 must meet the following requirements:
a. The worker who is required to work longer than the normal working hours agrees to do so; b. If the worker is required to work overtime, he or she may work overtime for no longer than 3 (three) hours in a day or 14 (fourteen) hours in a week.
(2) Entrepreneurs who require their workers/ labourers to work overtime as referred to under subsection (1) are under an obligation to pay overtime pay.
(3) Rulings concerning overtime as referred to under subsection (1) point b do not apply to certain business sector or certain jobs.
(4) Rulings concerning overtime and overtime wages as referred to under subsection (2) and subsection (3) shall be determined and specified with a Ministerial Decision.
(1) Entrepreneurs are under an obligation to allow their workers/ labourers to take a rest and leave.
(2) The period of rest and leave as referred to under subsection (1) shall include: a. The period of rest or a break between working hours that is no shorter than half an hour after working for 4 (four) hours consecutively and this period of rest shall not be inclusive of working hours;
b. The weekly period of rest that is no shorter than 1 (one) day after 6 (six) workdays in a week or no shorter than 2 (two) days after 5 (five) workdays in a week;
c. The yearly period of rest that is no shorter than 12 (twelve) workdays if the worker/labourer works for 12 (twelve) months consecutively; and
d. A long period of rest of no less than 2 (two) months, which shall be awarded in the seventh and eighth year of work each for a period of 1 (one) month to workers/ labourers who have been working for 6 (six) years consecutively at the same enterprise on the condition that the said workers/ labourers will no longer be entitled to their annual period of rest in 2 (two) current years. This ruling shall henceforth be applicable every 6 (six) years of work.
22 (3) The application of the ruling concerning the period of rest as referred to under point c of subsection (2) shall be determined and specified in a work agreement, the enterprise’s rules and regulations or a collective work agreement.
(4) The provisions concerning the long period of rest as referred to under point d of subsection (2) only apply to workers/ labourers who work in certain enterprises.
(5) The certain enterprises as referred to under subsection (4) shall be determined and specified with a Ministerial Decision.
Article 80 Entrepreneurs are under an obligation to provide workers with adequate opportunity to pray to and or worship God as obliged by their religions.
(1) Female workers/ labourers who feel pain during their menstrual period and tell the entrepreneur about this are not obliged to come to work on the first and second day of menstruation.
(2) The implementation of what is stipulated under subsection (1) shall be regulated in work/ employment agreements, enterprise rules and regulations or collective work agreements.
(1) Female workers/ labourers are entitled to a 1.5 (one-and-a-half) month period of rest before the time at which they are estimated by an obstetrician or a midwife to give birth to a baby and another 1.5 (one-and-a-half) month period of rest thereafter.
months or a period of rest as stated in the medical statement issued by the obstetrician or midwife who treats her.
Entrepreneurs are under an obligation to provide proper opportunities to female workers/ labourers whose babies still need breastfeeding to breast-feed their babies if that must be performed during working hours.
Every worker/ labourer who uses her right to take the period of rest as specified under points b, c and d of subsection (2) of Article 79, Article 80 and Article 82 shall receive her wages in full.
(1) Workers/ labourers are not obliged to work on formal public holidays.
(2) Entrepreneurs may require their workers/ labourers to keep on working during formal public holidays if the types and nature of their jobs call for continuous, uninterrupted operation or under other circumstances based on the agreement between the worker/ labourer and the entrepreneur.
(3) Entrepreneurs who require their workers/ labourers to keep on working on formal public holidays as referred to under subsection (2) are under an obligation to pay overtime pay.
(4) Rulings concerning the types and nature of the jobs referred to under subsection (2) shall be determined and specified with a Ministerial Decision. Fifth Paragraph Occupational Safety and Health 23
Article 86 (1) Every worker/ labourer has the right to receive: a. Occupational safety and health protection; b. Protection against immorality and indecency; c. Treatment that shows respect to human dignity and religious values.
(2) In order to protect the safety of workers/ labourers and to realize optimal productivity, an occupational health and safety scheme shall be administered.
(3) The protection as referred to under subsection (1) and subsection (2) shall be given in accordance with valid statutory legislation.
(1) Every enterprise is under an obligation to apply an occupational safety and health management system that shall be integrated into the enterprise’s management system. (2) Rulings concerning the application of the occupational safety and health management system as referred to under subsection (1) shall be determined and specified with a Government Regulation. Part Two Wage Article 88 (1) Every worker/ labourer has the right to earn a living that is decent from the viewpoint of humanity [literal: the right to earn an income that meets livelihood that is decent for humans].
(2) In order to enable the worker to earn a living that is decent from the viewpoint of humanity as referred to under subsection (1), the Government shall establish a wage policy that protects the worker/ labourer.
(3) The wage policy that protects workers/ labourers as referred to under subsection (2) shall include: a. Minimum wages; b. Overtime pay; c. Wages that are payable to the worker during his absence from work due to illness; d. Wages that are payable to the worker during his absence from work because of activities outside of his job that he has to carry out; e. Wages payable to the worker during his absence from work because he uses his right to take a rest;
f. The form and method of the payment of wages; g. Fines and deductions from wages; h. Things that can be calculated with wages; i. Proportional wage structure and scale; j. Wages for the payment of severance pay; and k. Wages for calculating income tax.
(4) The Government shall establish/ set minimum wages as referred to under subsection (3) point (a) based on the need for decent living (kebutuhan hidup layak) by taking into account productivity and economic growth. Article 89 (1) The minimum wages as referred to under point a of subsection (3) of Article 88 may consist of: e. Provincial or district/ city-based minimum wages; f.
Sector-based minimum wages within a given province or district/ city; 24
(2) The establishment of minimum wages as referred to under subsection (1) shall be directed towards meeting the need for decent living (kebutuhan hidup layak).
(3) The minimum wages as referred to under subsection (1) shall be determined/ fixed by Governors after considering recommendations from Provincial Wage Councils and/or District Heads/ Mayors.
(4) The components of and the implementation of the phases of achieving the needs for decent living as referred to under subsection (2) shall be specified and determined with a Ministerial Decision.
(1) Entrepreneurs are prohibited from paying wages lower than the minimum wages as referred to under Article 89.
allowed to postpone [paying minimum wages]. (3) Procedures for postponing paying minimum wages as referred to under subsection (2) shall be regulated with a Ministerial Decision. Article 91 (1) The amount of wage set based on an agreement between the entrepreneur and the worker/ labourer or trade/ labour union must not be lower than the amount of wage set under valid statutory legislation.
(2) In case the agreement as referred to under subsection (1) sets a wage that is lower than the one that has to be set under valid statutory legislation or runs against valid statutory legislation, the agreement shall be declared null and void by law and the entrepreneur shall be obliged to pay the worker/ labourer a wage according to valid statutory legislation.
(1) Entrepreneurs shall formulate the structure and scales of wages by taking into account the functional and structural positions and ranks, the occupation, years of work, education and competence of the worker/ labourer.
enterprise’s financial ability and productivity. (3) Rulings concerning the structure and scales of wages as referred to under subsection (1) shall be determined and specified with a Ministerial Decision. Article 93 (1) No wages will be paid if workers/ labourers do not perform work.
(2) However, the ruling as referred to under subsection (1) shall not apply and the entrepreneur shall be obliged to pay the worker/ labourer’s wages if the worker/ labourer does not perform work because of the following reasons:
a. The workers/ labourers are taken ill so that they cannot perform their work; b. The female workers/ labourers are ill on the first and second day of their menstrual period so that they cannot perform their work;
c. The workers/ labourers have to be absent from work because they get married, marry off their children, have their sons circumcised, have their children baptized, or because the worker/ labourer’s wife gives birth to a baby, or suffers from a miscarriage, or because the wife or 25 husband or children or children-in-law(s) or parent(s) or parent-in-law(s) of the worker/ labourer or a member of the worker/ labourer’s household dies.
d. The workers/ labourers cannot perform their work because they are carrying out or fulfilling their obligations to the State;
e. The workers/ labourers cannot perform their work because they are practicing or observing religious obligations ordered/ required by their religion;
f. The workers/ labourers are willing to do the job that they have been promised to but the entrepreneur does not employ or require them to do the job, because of the entrepreneur’s own fault or because of impediments that the entrepreneur should have been able to avoid;
g. The workers/ labourers are exercising their right to take a rest; h. The workers/ labourers are performing their trade union duties with the permission from the entrepreneur; and
i. The workers/ labourers are undergoing a study or an education program required by their enterprise. (3) The amount of wages payable to workers who are taken ill as referred to under point a of subsection (2) shall be determined as follows:
a. For the first four months, they shall be entitled to receive 100 (one hundred) percent of their wages;
b. For the second four months, they shall be entitled to receive 75 (seventy-five) percent of their wages;
c. For the third four months, they shall be entitled to receive 50 (fifty) percent of their wages; and d. For subsequent months, they shall be entitled to receive 25 (twenty-five) percent of their wages prior to the termination of employment by the entrepreneur.
(4) The amount of wages payable to workers/ labourers during the period in which they have to be absent from work for reasons specified under point c of subsection (2) shall be determined as follows,
a. If the workers/ labourers are absent from work because they get married, they shall be entitled to receive a payment for 3 (three) days’ work during the absence;
b. If the workers/ labourers are absent from work because they marry off their son or daughter, they shall be entitled to receive a payment for 2 (two) days’ work during the absence;
c. If the workers/ labourers are absent from work because they have their son circumcised, they shall be entitled to receive a payment for 2 (two) days’ work during the absence;
d. If the workers/ labourers are absent from work because they have their children baptized, they shall be entitled to receive a payment for 2 (two) days’ work during the absence;
e. If a worker/ labourer is absent from work because his wife gives birth to a baby or his wife suffers a miscarriage, he shall be entitled to receive a payment for 2 (two) days’ work during the absence;
f. If the workers/ labourers are absent from work because their spouse, or because either one of their parent or one of their parent-in-law, or because one of their children or children-in-law dies, they shall be entitled to receive a payment for 2 (two) days’ work during the absence; and
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g. If a member of the worker/ labourer’s household dies, the worker/ labourer shall be entitled to receive a payment for 1 (one) day’s work during the absence.
(5) Arrangements for the implementation of what is stipulated under subsection (2) shall be specified in work agreements, enterprise rules and regulations or collective work agreements.
If a wage is composed of basic wage and fixed allowance, the amount of the basic wage must not be less than 75% (seventy five percent) of the total amount [of the basic wage and fixed allowance.] Article 95 (1) Violations by the worker/ labourer, either by design or because of neglect, may result in the imposition of a fine.
(2) Entrepreneurs who pay their workers/ labourers’ wages late either by design or because of neglect shall be ordered to pay a fine whose amount shall correspond to a certain percentage from the worker/ labourer’s wages.
(3) The government shall determine and specify the imposition of fine on the entrepreneur and or the worker/ labourer in [connection with] the payment of wages.
(4) In case the enterprise is declared bankrupt or liquidated based on valid statutory legislation, the payment of the enterprise’s workers/ labourers’ wages shall take priority over the payment of other debts.
Article 96 Any claim/ demand for the payment of the worker/ labourer’s wages and all other claims/ demands for payments that arise from an employment relation shall expire after the passage of a period of 2 (two) years since such claims first come into being. Article 97 Rulings concerning decent income, wage policy, the need for decent living and workers’ wages protection as referred to under Article 88, the setting of minimum wages as referred to under Article 89, and rulings concerning the imposition of a fine as referred to under subsection (1), subsection (2) and subsection (3) of Article 95 shall be determined and specified with a Government Regulation.
Article 98 (1) In order to provide recommendations and considerations for the formulation of wage policies to be established by the Government, and to develop a national wage system, the National Wage Council (Dewan Pengupahan Nasional), Provincial Wage Councils, and District/ City Wage Councils shall be established.
(2) The councils as referred to under subsection (1) shall have representatives from the government, entrepreneurs’ organizations, trade/ labour unions, universities and experts as their members.
(3) The members of the National-level Wage Council shall be appointed and dismissed by the President while the members of Provincial Wage Councils and District/ City Wage Councils shall be appointed and dismissed by [the] Governors/ District Heads/ Mayors [of the respective provinces, districts and cities].
(4) Rulings concerning the procedures for the formation of, membership composition of, procedures for appointing and dismissing members of and duties and working procedures of wage system councils as 27 referred to under subsection (1) and subsection (2) shall be determined and specified with a Presidential Decision.
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