Tuesday, 10 May 2022
Leave is often seen as an opportunity for employees to take a break from their work routine for a certain period. This right can be used for various purposes, such as personal matters, family needs, or other obligations. Common types of leave provided by companies include annual leave, maternity leave, and special leave.
Leave Regulations Under the Indonesian Labor Law
Employee leave entitlements are regulated under Law No. 13 of 2003 on Manpower (Indonesian Labor Law).
According to Article 79, employers are required to provide rest and leave benefits for employees, including:
1️⃣ Rest breaks during working hours
- At least 30 minutes after 4 consecutive working hours (not counted as working hours).
2️⃣ Weekly rest days
- 1 day off for a 6-day workweek, or
- 2 days off for a 5-day workweek.
3️⃣ Annual leave
- A minimum of 12 working days after 12 consecutive months of employment.
4️⃣ Extended leave
- Applies to employees who have worked for 6 consecutive years in the same company.
- Employees receive 2 months of leave during the 7th and 8th years (1 month each year).
- Employees forfeit their annual leave during this extended leave period.
- The entitlement recurs every 6 years of service.
Further technical provisions on leave are outlined in employment contracts, company regulations, or collective labor agreements. Extended leave is only applicable to companies that have obtained approval from the Ministry of Manpower.
Menstrual Leave and Maternity Leave
In addition to annual and extended leave, female employees are entitled to special leave benefits:
✅ Menstrual Leave (Article 81)
- Female employees experiencing menstrual pain on the first and second days are not required to work, provided they notify the company.
✅ Maternity Leave (Article 82)
- Employees are entitled to 1.5 months of leave before childbirth and 1.5 months after childbirth, based on a doctor's or midwife's assessment.
- In cases of miscarriage, employees are entitled to 1.5 months of leave or as recommended by a doctor or midwife.
Employee Rights During Leave
According to Article 84, employees who take leave are entitled to full wages, as per applicable regulations.
Understanding these leave policies is crucial for both employees and companies to ensure workers' rights are upheld while maintaining smooth business operations.
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