Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Ady TD Achmad, Andin Aditya Rahman
In preparation for the upcoming Idul Fitri, Muhaimin Iskandar, the Minister of Manpower and Transmigration, has instructed his ministry and regional labor offices to establish command posts to receive complaints from workers about payments of the annual religious holiday allowance (THR).
These command posts will also provide free consultations to businesses regarding THR payments. The Minister emphasized that actions will be taken if violations are discovered.
“I reiterate that if there are companies that fail to pay THR they will be dealt with. This will include reinforcing awareness, warnings, mediation, up until legal action in the courts,” stated Muhaimin in a press release received by Hukumonline last week.
In processing every THR complaint, he continued, reported companies will be summoned. From there, mediation will be carried out between the company and the workers to settle any problems associated with THR payment.
If a company continues to disregard their THR payment obligations, officials will conduct investigations against the company and prepare legal action to be filed at the respective courts.
The Minister asserted that manpower institutions will continuously monitor and oversee THR payments, especially in regard to the timing and quantum of payments. This oversight and monitoring will be performed at both the central and regional levels.
“Every violation of workers’ normative rights will be dealt with through strict sanctions,” he asserted.
Muhaimin also made a reminder about the provisions contained in Minister of Manpower and Transmigration Regulation No. PER.04/MEN/1994 of 1994, as recently reaffirmed by Minister of Manpower and Transmigration Circulation Letter No. SE.03/MEN/VII/2013 of 2013 (see, ILB No. 2203 for more details). He emphasized the obligation of every company to pay THR to their workers by the due date in accordance with these regulations.
Separately, Nyumarno, a member of the Federation of Indonesian Metal Workers Unions, inquired as to the sanctions applicable to businesses that fail to pay THR. His concern stems from the fact that sanctions for failure to pay THR were previously regulated by Law No. 14 of 1969 on Basic Provisions Regarding Labor but that law has been repealed and replaced by the new Labor Law, Law No. 13 of 2003. Nyumarno expressed his concern that there are no criminal charges applicable to companies that refuse to pay THR.
However, in a previous opportunity, Hasanuddin Rachman, Head of Industrial Relations and Advocacy at the National Executive Board of the Indonesian Employers Association, stated that the Minister of Manpower and Transmigration Circulation Letter No. SE.03/MEN/VII/2013 of 2013 is only a repeat of the provisions contained in Minister of Manpower and Transmigration Regulation No. PER.04/MEN/1994 of 1994.
He reassured that companies will pay THR to their workers without any coercion from the Government.
“It is not necessary to instruct them. Later they will pay,” concluded Hasanuddin.
(hot/kc)
Ady TD Achmad, Andin Aditya Rahman
In preparation for the upcoming Idul Fitri, Muhaimin Iskandar, the Minister of Manpower and Transmigration, has instructed his ministry and regional labor offices to establish command posts to receive complaints from workers about payments of the annual religious holiday allowance (THR).
These command posts will also provide free consultations to businesses regarding THR payments. The Minister emphasized that actions will be taken if violations are discovered.
“I reiterate that if there are companies that fail to pay THR they will be dealt with. This will include reinforcing awareness, warnings, mediation, up until legal action in the courts,” stated Muhaimin in a press release received by Hukumonline last week.
In processing every THR complaint, he continued, reported companies will be summoned. From there, mediation will be carried out between the company and the workers to settle any problems associated with THR payment.
If a company continues to disregard their THR payment obligations, officials will conduct investigations against the company and prepare legal action to be filed at the respective courts.
The Minister asserted that manpower institutions will continuously monitor and oversee THR payments, especially in regard to the timing and quantum of payments. This oversight and monitoring will be performed at both the central and regional levels.
“Every violation of workers’ normative rights will be dealt with through strict sanctions,” he asserted.
Muhaimin also made a reminder about the provisions contained in Minister of Manpower and Transmigration Regulation No. PER.04/MEN/1994 of 1994, as recently reaffirmed by Minister of Manpower and Transmigration Circulation Letter No. SE.03/MEN/VII/2013 of 2013 (see, ILB No. 2203 for more details). He emphasized the obligation of every company to pay THR to their workers by the due date in accordance with these regulations.
Separately, Nyumarno, a member of the Federation of Indonesian Metal Workers Unions, inquired as to the sanctions applicable to businesses that fail to pay THR. His concern stems from the fact that sanctions for failure to pay THR were previously regulated by Law No. 14 of 1969 on Basic Provisions Regarding Labor but that law has been repealed and replaced by the new Labor Law, Law No. 13 of 2003. Nyumarno expressed his concern that there are no criminal charges applicable to companies that refuse to pay THR.
However, in a previous opportunity, Hasanuddin Rachman, Head of Industrial Relations and Advocacy at the National Executive Board of the Indonesian Employers Association, stated that the Minister of Manpower and Transmigration Circulation Letter No. SE.03/MEN/VII/2013 of 2013 is only a repeat of the provisions contained in Minister of Manpower and Transmigration Regulation No. PER.04/MEN/1994 of 1994.
He reassured that companies will pay THR to their workers without any coercion from the Government.
“It is not necessary to instruct them. Later they will pay,” concluded Hasanuddin.
(hot/kc)