．The vulnerability of Freelance Journalists

         (Dec 19, 2023)

Working hours for workers in the private sector are regulated in articles 77 to 85 of Law No. 13 of 2003 concerning Labour Law jo. Job Creation Law No.11 of 2020. As well as articles 21 to 25 of Government Regulation no. 35/2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations.

WORK HOURS IN A DAY

Article 77 paragraphs (1) and (2) Law no. 13/2003 jo. UU no. 21/2020 and article 21 paragraph (2) Government Regulation no. 35/2021 requires every entrepreneur to implement working hours provisions. These working hours provisions have been regulated in 2 systems as mentioned above, namely:

a.     7 working hours in 1 day or 40 working hours in 1 week for 6 working days in 1 week; or

b.    8 working hours in 1 day or 40 working hours in 1 week for 5 working days in 1 week.

The working time provisions above only regulate working time limits for 7 or 8 a day and 40 hours a week and do not regulate when working time or hours start and end. 

If the working time provisions exceed these, then the regular working time is considered overtime so that the worker/laborer is entitled to overtime pay.

8 Hours and Rest Hours 

Break time is not included in working hours. Article 79 paragraph (2) letter a Employment Law no. 13/2003 emphasizes that companies must provide rest periods between working hours, at least half an hour after workers have worked continuously for 4 hours and the rest period is not including working hours

Working hours and performing worship

Referring to Article 79 paragraph (2) letter a of Employment Law no. 13/2003 which differentiates work time from rest time, and at the same time emphasizes that work time is time used (only) to do work, so it can be concluded that time for performing religious services is not included in work time. The implementation of religious services in several companies usually uses rest time given by the company to workers. However, it must be remembered that carrying out worship is a worker's right. Article 80 Law no. 13/2003 concerning Employment states that employers are obliged to provide adequate opportunities for workers to carry out the worship required by their religion. 

WORK MORE THAN 40 HOURS IN A WEEK

Article 27 (1) Government Regulation no. 35/2021 states that employers can employ workers who work more than 40 hours a week, with the obligation to pay overtime wages.

CAN WAGE AND/OR MEAL ALLOWANCE BE CUT WHEN THE WORKERS ONLY COME IN FOR HALF A DAY?

The definition of employee meal allowance is the provision of a sum of money from the company to workers for food needs during working hours. If workers only come in for half a day, may be considered not entitled to receive benefits that are needed during working hours. However this deduction must be regulated in the work agreement, collective work agreement, or company regulations.

CAN WAGES AND/OR MEALS BE REDUCED IF WORKERS LATE TO THE WORKPLACE?

Companies can deduct wages if workers are late at work, provided that they are regulated in a written agreement, namely a work agreement, collective work agreement or company regulations. In it the cutting requirements, the amount of the cut, and the cutting mechanism can be made.

COMPANIES OFTEN HAVE MORNING CEREMONIES AND EXERCISES WHICH WORKERS MUST ATTEND, BUT THESE ACTIVITIES ARE NOT COUNTED IN WORKING HOURS

The statutory regulations do not explain whether ceremonies/exercises are included in working hours. Provisions like this can be regulated in Company Regulations, Employment Agreements, or Collective Bargaining Agreements.