Recognizing the Rights of Office Workers and Their Benefits

Recognizing the Rights of Office Workers and Their Benefits






In the world of labor, workers and employers must understand the rules that apply, both in the form of internal corporate regulations and broader scope that is regulated in the Manpower Act. By knowing the basic rights of a worker and other rights, the possibility of conflict in industrial relations (between workers and employers) can be avoided. In the context of a worker, there are at least 3 rights owned by a worker, which include basic rights, personal rights and rights when layoffs occur.

Basic Rights of Workers when They Become Employees

The basic rights of workers are inherent rights since he was appointed as an employee in a company. This right includes occupational safety and health up to the opportunity to develop in the company. Here is a review of the 8 basic rights of workers and the rules that govern them:

1. Right to Develop Work Potential, Develop Interest, Talent and Ability

This first basic right is regulated in Law number 21 of 2000 and Law 12/2003, which states that every worker has the right to develop work potential , and to have the opportunity to develop interests, talents and abilities. This Law also stipulates that a Worker has the right to be protected from moral and moral acts, occupational health and safety, and treatment that is in accordance with the dignity and dignity as Humans and religious values.

2. Basic Rights to Social Security, Health and Safety

This right is regulated in Ministerial Regulation (Permen) number 4/1993, Ministerial Regulation No 1/1998, Presidential Decree number 22/1993, Government Regulation number 14/1993, Law number 1/1970, Law 3/1992, and Law 13/2003. The basic rights referred to include the right to obtain health care guarantees, old age insurance, life insurance, and work accident insurance.

3. Every worker has the right to get a decent wage.

This basic right is regulated in Ministerial Regulation (Permen) number 1/1999, PP 8/1981, and Law 13/2003 said, a Worker has the right to get a decent wage . capital owners or the Company are also required to follow the minimum wage provisions applicable in the district / city / region. The company is also required to review the amount of wages when workers have worked for more than one year, and must not discriminate against female workers and male workers.

4. Basic Rights to Vacation, Leave, Rest, and Obtain Working Time Limitation.

This is regulated in Law number 13 of 2003 which states that companies are required to provide compensation if employees work outside working hours by providing overtime compensation. In addition, a worker also has the right to fulfill religious rituals according to certain procedures governed by his religion.

5. Basic Rights to Establish Trade Unions.

These basic rights are regulated by Law number 21 of 2000, and Law number 13 of 2003. This is intended as a media for channeling the aspirations of Workers who have the legal capacity to make work agreements with capital owners or the Company. A mutually agreed work agreement must cover the rights and obligations of the Worker and the union, the rights and obligations of the Entrepreneur, the validity period of the agreement, and the signatures of the parties involved.

6. The Right to Take a Strike Action.

This right is regulated in Ministerial Decree number 232 of 2003, and Law number 13 of 2003. The strike must be carried out according to the procedure, in which Workers must inform the matter at least 7 days before it takes place.

7. Special Basic Rights Regarding the Issue of Working Hours for Women Workers.

This is regulated in Ministerial Decree number 224 of 2003, and Law number 13 of 2003. The Government prohibits the Company from employing Female Employees between 23.00 WIB until 7.00 WIB, or better known as shift 3. This rule applies to Female Workers whose age is less than 18 years.

8. Protection of Termination of Employment.
However, if this is unavoidable, negotiations must be carried out by both parties involved, namely the Laborers and the Entrepreneurs or Company representatives. If the negotiating line does not find a bright spot or a way out, the Company can terminate employment after it has been legally and officially determined by the competent Institution.

A worker may not be dismissed if he / she is unable to become sick according to a doctor's statement, or if the employee is carrying out the State's obligations, or is carrying out religious services, getting married, and getting pregnant.

Also Read:  Current UMR Values ​​that Workers Must Know
Rights for Employees related to Issues of Employment Relations with the Company
 personal rights of employees

Employee Personal Rights via shutterstock.com



In addition to basic rights, a worker also has personal rights that further regulate more specific work relations between workers and companies. This right includes the following:

1. Rights Regarding Employment Relations

This right is regulated in 2 articles of the Manpower Act, namely article 56 and article 60. Article 56 states that there are two employment statuses, namely certain part-time workers and indefinite time. Work agreements for a certain time, according to the type and nature of the work will be completed within a certain time, but the agreement cannot be held for the type of work that is permanent. Article 60 states that a work agreement for an indefinite period can require a trial period of no more than 3 months.

2. Rights Regarding Setting Working Hours

An employee's working hours are not solely decided by a Company, but must be in accordance with Article 7 of the Law, which states that 7 hours a day are for Workers who work six days a week, and 8 hours for Workers who work five days a week.

3. Welfare Guarantee

Law number 3 of 1992 in article 99 has regulated the issue of welfare guarantees for workers. It was stated that every company must provide welfare facilities, such as health insurance.

4. Rights Regarding Leave

This personal right is stated in article 85 which states that on an official holiday workers are not required to work, unless there is agreement with the Company. In addition, it is also regulated regarding the rape of special leave for women, if the person concerned is in certain conditions, such as menstruation, childbirth, and miscarriage, as well as personal leave that is adjusted to the rules of the Company.

5. Wage Rights

This right is regulated in article 93 paragraph 2. It is said that an employee must be paid by the Company even without work, if in the middle of conditions such as; marry off a child, wife give birth or miscarriage, there are families who die, and are continuing education from the company.

6.  Right if a layoff occurs
Workers who have been unilaterally terminated have the right to receive severance pay that is adjusted to the period of service. In general, several reasons behind layoffs are sick without a doctor's statement, marrying a local employee (if the Company prohibits this through a predetermined rule), and violates the rules or does not show the expected performance.

Employee Rights if Termination Occurs (PHK)

Layoffs are something that should only be done during an emergency. If this condition occurs, there are at least 3 things that must be understood by a worker related to the issue of layoffs. Here's the explanation.

1. The Right to Obtain Severance Pay

A worker who is laid off unilaterally is entitled to severance pay. This is as stipulated in Article 156 paragraph 2 of the Manpower Act. The severance pay covers the basic salary and fixed allowance, which contains the component of wages that are still paid even though the person concerned is absent from work.

2. The Right to Obtain Work Period Award Money

This work period award money is found in Article 156 paragraph 2 of the Manpower Act. It has been arranged that those who are entitled to this award are employees who have worked for more than 4 years.

3. The Right to Obtain Reimbursement of Rights

In addition to the two things above, there is also compensation for the rights regulated by the State in article 156 paragraph 4 of the Manpower Act. Rights that can be replaced with forms of money are:

Annual leave
Return costs for workers and their families (if from outside the area)
Matters stipulated in work agreements, according to Company rules
In addition to the three things above, there are rules regarding the reasons for dismissal that affect the amount of severance pay, and so forth. The rules are stated in Article 164 paragraph 3 of the Manpower Act, which reads:

"Employers can terminate employment for workers / laborers because the company is closed not because of a loss of 2 (two) consecutive years or not because of a force majeure but the company does efficiency, provided that workers are entitled to severance pay in the amount of 2 (two) times the provisions of Article 156 paragraph (2), work period awards amounting to 1 (one) time stipulation of Article 156 paragraph (3) and compensation for rights in accordance with the provisions of Article 156 paragraph (4). "

Rights and Obligations in Working Balanced
As a worker, you should understand the three types of rights above and the rules that govern them. However, in a balanced manner, in addition to the rights, the Workers also imposed obligations as clearly stated in the rules of the Company.

In simple terms, the rights of the Workers have been regulated in great detail in the Law and other Regulations, while the obligations for Laborers have also been arranged in detail by the respective Company that you work for. A good working relationship will produce a competitive and more advanced company.

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