The government has already issued a Joint Decree for the 2023 Eid Al-Fitr collective leave. In this regard, I hear that my office will ask several people to continue working. The question is, is it allowed if any agencies or companies that do not directly provide services to the community to disobey the Eid holiday rules a.k.a still require their employees to work?
DAFTAR ISI
INTISARI JAWABAN
Religious holidays, including Eid Al-Fitr as you are asking, are official holidays that are determined by the government through a Joint Decree of the Ministers 3 on National Holidays and Collective Leave (“Joint Decree of the Ministers 3”). Business actors may deviate from the provisions of this Decree, i.e., they will still employ workers during the Eid Al-Fitr holidays, however, there are other provisions that must be complied with in relation to the employment of workers during the Eid Al-Fitr holidays or other official holidays.
Article 85 section (2) Law 13/2003 clarifies that employers may employ workers/laborers to work on official holidays if the type and nature of said work must be carried out continuously or under other conditions based on an agreement between the worker/laborer and the employer.
Please read the review below for a further explanation.
This article below is the second update of the article entitled Can Business Actors Make Their Own Eid Holiday Rules? (Bolehkah Pengusaha Membuat Aturan Libur Lebaran Sendiri?), which was first published on 11 July 2014 and first updated on Friday 22 April 2022.
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The Decision of the 2023 Eid Holiday
Regarding the announcement of the 2023 Eid holiday, according to the Joint Decree of the Ministers 3 on National Holidays and Collective Leave (“Joint Decree of the Ministers 3”), it is determined that Eid Al-Fitr 1444 Hijri falls on 22 to 23 April 2023, while 19, 20, 21, 24 and 25 April 2023 are designated as collective Eid leave.
Previously, we do not know which rules were made by the companies themselves in relation to the Eid holiday which you were referring to. Therefore, we assume that what you mean is that the relevant company does not give its employees a day off during the Eid holiday, which is determined by the government, but instead replaces it on another day. Likewise for the provisions of collective leave.
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Religious Days as Official Holidays
Religious holidays, including Eid Al-Fitr as you are asking, are official holidays that are determined by the government through a Joint Decree of the Ministers 3. Business actors may deviate from the provisions of this Decree, i.e., they will still employ workers during the Eid Al-Fitr holidays, however, there are other provisions that must be complied with in relation to the employment of workers during the Eid Al-Fitr holidays or other official holidays.
Provisions regarding workers on official holidays are regulated under Law 13/2003. It is explained that entrepreneurs may require their workers/laborers to work during formal public holidays if the types and nature of their jobs must be conducted continuously or under other circumstances based on the agreement between the worker/laborer and the entrepreneur.[1]
However, entrepreneurs who require their workers/laborers to work on formal public holidays are under an obligation to pay overtime pay.[2]
List of Work Serving the Public Interest and Welfare
Furthermore, this provision for workers who work during the Eid holiday is intended to serve the public interest and welfare or applies to work sectors for which the nature and type of work are not allowed to be terminated.[3]
works in transportation repairing services sector;
works in tourism business sector;
works in telecommunication and postal services sector;
works in electric power provision, clean water service network (PAM), and oil-and-gas provision sector;
works in supermarket, shopping center, and another similar sector;
works in mass media sector;
works in security sector;
works in conservation agency;
works that if stopped will interfere with the production process, damage the material, and included in the maintenance/repairing of production equipment.
It is important to note that this type of work is subject to change as it develops.[5]
Coming back to your question, the focus is that the company does not directly provide services to the community. We, therefore, conclude that the business sectors of the companies in question are companies which do not provide the various services specified, in other words, beyond those which are set out under the Decree of the Minister of Manpower and Transmigration 233/2003.
In relation to this matter, employers may deviate from the rules in the Joint Decree of the Ministers 3, however, there are provisions in Law 13/2003 that are also binding on employers, specifically the matter of hiring employees on official holidays. Any work on an official holiday must have the approval of the worker concerned and the employer must pay overtime wages.
The consent of workers is stipulated under Perppu 2/2022 which explains that employers who employ workers/laborers beyond their working hours must obtain the consent of the workers/laborers concerned.[6]
Sanctions If Employers Do Not Pay Overtime Wages
Once again, we emphasize that any workers who work during the Eid-Al Fitr holiday are entitled to overtime pay. If employers neglect the provision of overtime wages, said employers may be subject to sanctions. The criminal sanctions are imprisonment for a minimum of one month and a maximum of twelve months and/or a fine of at least Rp10 million and a maximum of Rp100 million.[7]
These are the answers we can provide, we hope you will find them useful.
