Payment of Wage during Absence

The New Regulation sets provisions regarding payment of wages in line with the Labor Law, number 13 of 2003. Employees in Indonesia who are absent from work for the reasons below are still entitled to receive wages:

1. Absent, which covers the following reasons of absence:

 a. Sickness of the employee which makes it not possible to perform working activities
 b. Sickness of female employees during the first and second day of the menstrual period
 c. marriage
 d. marriage of children of the employee
 e. circumcision of the son
 f. baptize of children
 g. giving birth or miscarriage of wife of the male employee;
 h. death of husband, wife, parents, in-laws, children, and/or daughter; or
 i. death of family members other than those referred to in point 6) who live in the same home

2. Perform activities outside of work, which covers the following types of activities:

 a. performing obligations of the state
 b. perform religious duties
 c. carrying out tasks of labor unions with the consent of the employer
 d. carrying out educational tasks from the company

3. Utilizing the right to take a rest, which covers the following types of rest:

 a. weekly rest rights (usually weekends)
 b. annual leave. Employees in Indonesia are entitled to minimum 12 days annual leave per annum
 c. long break of minimum two months, which may be awarded after an employee has worked 6 years consecutively at the same company;
 d. rest before and after childbirth for female employees; or
 e. rest due to miscarriage

In the column of next week we will discuss the regulations on minimum wages and the imposition of fines by the employer to the employee as set by the New Regulation.

This column is provided by PNB Law Firm Jakarta

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