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Working Time in the Job Creation Law
Provisions regarding working time are regulated in Article 81 number 23 of the Government Regulation in Lieu of Law Number 20 of 2022 (hereinafter referred to as "Perppu Job Creation") which amends Article 77 of Law number 13 of 2003 concerning Labour (hereinafter referred to as the "Labour Law"), namely:
“Every Employer is obliged to implement working time provisions which include:
- 7 hours 1 day and 40 hours 1 week for 6 working days in 1 week; or
- 8 hours 1 day and 40 hours 1 week for 5 working days in 1 week”
However, these provisions do not apply to certain business sectors or jobs, which may apply provisions for working hours less or more than the provisions above.
The business sector or specific work in question is the mining sector and jobs of a continuous type and nature such as health services, transportation services, tourism, etc.
As mentioned are The laws and regulations that the provisions for implementing working hours will be regulated in the Work Agreement, Company Regulations or Collective Work Regulations.
Rest Time Provisions
Apart from that, Article 79 paragraph (1) and paragraph (2) letter a of the Labour Law regulates employers are obliged to provide rest time to their workers, provided that at least:
- Rest between working hours, at least half an hour after working for 4 hours continuously, and the rest time does not include working hours;
- 2 days weekly rest for 5 working days in a week.
- A day weekly rest for 6 working days in a week;
Regulations does not regulate in detail how to implement rest periods like working time and it is impossible to separate working time from rest time because the two things are interrelated. So, it can be said that the provisions regarding the implementation of rest periods will be regulated again in the Work Agreement, Company Regulations or Collective Work Regulations, however it is the worker/laborer's right to get rest time after working 4 hours continuously.
It does not rule out the possibility that in implementing rest periods the Employer can provide more than one rest period if the Employer feels it is necessary as long as it does not violate the provisions regarding working time, namely 7 hours 1 day in a working period per week 6 working days / 8 hours 1 day in a working period per week 5 working days.