News & Events

Regulation of Working Hours According to The Ministry of Manpower That Must Be Known

Published on August 23, 2018

The Minister of Manpower Regulation Indonesia can cover many things. Some of them are discussing working hours, occupational safety and health, wages, severance pay, layoffs, leave, and other matters related to employment in Indonesia and abroad. The regulation of the Ministry of Manpower and Transmigration was made to prosper the workers and create order. The workload felt by each employee in each company also varies. Some work from morning to evening, some work until night and some even have to keep working on holidays. This depends on what field the company is moving. Not infrequently, we also have to overtime if it is demanded to do so.

Regulation of Working Hours According to The Ministry of Manpower That Must Be Known

Regulations concerning Manpower have been specifically regulated in Law No.13 of 2003 article 77 to article 85. Where, Article 77 paragraph 1, Law No.13 / 2003 requires every entrepreneur to implement working hours provisions. These working hours provisions govern 2 systems, namely:

  • 7 working hours in 1 day or 40 working hours in 1 week for 6 working days in 1 week; or
  • 8 working hours in 1 day or 40 working hours in 1 week for 5 working days in 1 week.

In both of these working hour systems, the working hours limit is also 40 (forty) hours in 1 (one) week. If it exceeds the stipulated working time, normal work time is considered to be entered as overtime so that workers or workers are entitled to overtime pay.

The above working time provisions also only regulate the working time limit for 7 or 8 days and 40 hours a week and do not regulate when the work time or hour starts and ends. The arrangement of the start and end of work time or hours every day and for a period of a week must be clearly regulated according to the needs of the parties in the Work Agreement, Company Regulation (PP) or Collective Labor Agreement (PKB).

However, these regulations certainly do not apply to some sectors and some types of work. And in its implementation, of course, the work that is carried out continuously is carried out by dividing work time into shifts. Based on the Ministerial Decree, Minister of Manpower and Transmigration Decree No. 233 concerning the Types and Nature of Work Continued Continuously, without following the provisions of working hours as stated in Law No. 13 of 2003. where Article 3 paragraph (1) stipulates that the work that continues continuously is:

  • jobs in the health services sector;
  • jobs in the field of transportation services;
  • work in the field of transportation equipment repair services;
  • employment in the tourism business;
  • jobs in the field of postal and telecommunications services;
  • jobs in the field of electricity supply, clean water service network (PAM), and supply of fuel and natural gas;
  • work in supermarkets, shopping centers, and the like;
  • employment in the mass media sector;
  • work in the security sector;
  • work in conservation institutions;
  • jobs that if terminated will interfere with the production process, damaged materials, and include maintenance/repair of production equipment.

Based on these regulations, the above types of work do not follow the working hours according to Law No. 13 of 2003, however, any excess work hours carried out by workers or workers in carrying out the above work must be counted as overtime that must be paid because it is a labor right or workers protected by law.

Managing working hours is easier with the Orange HR system, in addition to calculating employee work hours and employee overtime, now our system is able to go through geo-tagging for attendance.

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