Latest Holiday Regulations for Workers, Only 1 Day Off a Week

Latest Holiday Regulations for Workers, Only 1 Day Off a Week

The government has just updated the holiday regulations for laborers and workers. The new rules are contained in the Government Regulation in Lieu of Law (Perppu) concerning Cipta Kerja which has been ratified by President Joko Widodo.

In this latest regulation (holiday regulations), the government repealed the rule of two days off a week for workers.

This rule is still contained in Article 79, as in the Cipta Kerja Law which has actually been declared conditionally unconstitutional by the Constitutional Court.

Article 79 changes the provisions regarding workers’ rest periods contained in Law Number 13 of 2003 concerning Manpower.

There is no change in paragraph 1 because both require employers to provide time off and rest for their workers. However, this rest period has been changed, especially for the weekly rest period which was originally set at 2 days for 5 working days a week to 1 day.

Article 79 paragraph 2 of the Cipta Kerja Perpu states, “Weekly rest 1 (one) day for 6 (six) working days in 1 (one) week,”

Even so, the Cipta Kerja Perppu still allows workers to get two days off, as stated in Article 77 regarding working hours, namely 7 hours or 8 hours a day.

“Working time as referred to in paragraph (1) includes; (a) seven hours a day and 40 hours a week for 6 working days a week, or (b) eight hours a day and 40 hours a week for 5 working days a week. one week” reads Article 77 paragraph (2).

Meanwhile, for breaks between working hours, it is still at least half an hour after working for 4 hours continuously, and the rest time does not include working hours.

Furthermore, regarding annual leave, it is at least 12 working days after the worker concerned has worked for 12 months continuously.

However, it should be remembered that there is no longer a provision for long rest periods as stipulated in the Labor Law.

“In addition to rest periods and leave as referred to in paragraph (1), paragraph (2), and paragraph (3), certain companies can provide long breaks stipulated in work agreements, company regulations, or collective bargaining agreements,” as stated in Article 79 paragraph 4 of the Perpu Cipta Kerja.

The long break in the Manpower Law is stipulated for at least 2 months and is carried out in the seventh and eighth years, 1 month each for workers/laborers who have worked continuously for 6 years at the same company.

The provisions are that the worker or laborer is no longer entitled to his annual rest in the next 2 years and then applies to every multiple of 6 years of service. However, these sentences were deleted in the Perpu Cipta Kerja.