Are contract employees have the right to obtain allowances on work facilities?
DAFTAR ISI
INTISARI JAWABAN
The granting of work facilities or allowances on work facilities as you inquired, principally, is the authority of the company. The provision of work facilities shall be further regulated in work agreements, company regulations, or collective work agreements. Then, do contract employees have the right to obtain work facilities or allowances on work facilities?
Please read the review below for a further explanation.
This article below is an update of the article entitled Contract Employee Allowances (Tunjangan Karyawan Kontrak), which was written by Si Pokrol and was first published on Friday, 9 December 2005.
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Previously, it should be noted that although the Law 11/2020 a.k.a Job Creation Law has been revoked and declared invalid by the Perppu 2/2022,[1] all of the implementing regulations of the Job Creation Law, as well as the Laws that have been amended by Perppu 2/2022, remain valid as long as they do not conflict to Perppu 2/2022.[2]
Granting of Work Facilities
Companies may provide work facilities for workers/laborers in certain positions or occupations or for all workers/laborers.[3] The provision of work facilities shall be further regulated in work agreements, company regulations, or collective work agreements.[4]
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In the event that the facilities for workers/laborers are unavailable or insufficient, companies may provide compensation for work facilities[5] which are regulated in work agreements, company regulations, or collective work agreements.[6]
"Work facilities" are facilities or equipment provided by companies for certain positions or occupations or for all workers/laborers to support the implementation of the work. What are the work facilities? For example, vehicle facilities, transportation for workers/laborers, and/or communication devices.[7]
Meanwhile, "certain positions or occupations" are the positions or activities that require certain facilities to support the smooth implementation of the duties determined by the companies as the recipients of work facilities.[8]
Work Facilities for Contract Employees
In relation to your question, are contract employees or Fixed Time Employment Agreement (Perjanjian Kerja Waktu Tertentu/ “PKWT”) employees have the right to obtain allowances on work facilities? There are basically no provisions that differentiate between working facilities provided by companies for Indefinite Time Employment Agreement (Perjanjian Kerja Waktu Tidak Tertentu/ “PKWTT”) or PKWT. Therefore, according to our opinion, the granting of work facilities or allowances on work facilities is the authority of employers.
If you, as a contract employee, are expecting allowances on work facilities, we recommend that you should first check the provisions set out in the employment agreements, company regulations, or collective work agreements for where you are working.
This is because the provisions for the granting of work facilities to employees shall be further regulated in work agreements, company regulations, or collective work agreements. If there are provisions, then you as a contract employee or PKWT have the right to obtain work facilities or allowances on work facilities. Conversely, if not regulated, you do not have the right to obtain work facilities or allowances on work facilities.
These are the answers we can provide, we hope you will find them useful.