Through Law Number 13 of 2003 concerning Manpower Law (“Manpower Law”), Indonesia creates the legal framework for employment, which is applied for local and foreigners employed in Indonesia. Therefore, there are several key areas to be aware by the companies and employees within Indonesia’s regarding the Leave Rights.
Pursuant to Manpower Law, the following types of Leave are as follows :
- Annual Leave
- Menstruation and Pregnant Leave
- Important Leave
- Marriage : 3 days for Leave
- Their family member in one house passing away : 1 days for Leave
- Passing away of their husband/wife, parent/parent in law, or daughter/son in law : 2 days for Leave
- The marriage of their son/daughter : 2 days for Leave
- Their wife giving birth or suffering abortion : 2 days for Leave
- Circumcision of their Son : 2 days for Leave
- Baptism of their son/daughter : 2 days for Leave
- Sick Workers Leave
- First 4 (four) months : 100% (one hundred percent) of the wage;
- Second 4 (four) months : 75% (seventy-five percent) of the wage;
- Third 4 (four) months : 50% (fifty percent) of the wage;
- Before companies/employer terminate the working relations : 25% (twenty five percent) of the wage.
After 1 (one) year, Employer shall give Annual Leave to Employee at least in the amount of 12 (twelve) days.
Female Employee is not obliged to work for a first day or second day during her menstruation period. And the implementation shall be regulated in Working Agreement, Corporate Rules or Collective Labor Agreement.
Female Employee shall entitle to obtain a rest time 1.5 (one and a half) month before and after giving a birth or according to the estimation of Doctor or Nurse.
Pursuant to Article 93 of Manpower Law, Employer can also propose the Leave for the following condition :
An employer can leave for sick and obliged to get the wage in the amount of :
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