Working Hour

Working hours, break time, and leave are the rights of employees as stipulated under Article 77 to Article 85 Law No. 13 of 2003 on Labour (“Labour Law”). The Labour Law stipulates working hours into two categories, as follows:

  1. 7 working hours in 1 week or 40 working hours in 1 week for 6 working days in 1 week; or
  2. 8 working hours in 1 day or 40 working hours in 1 week for 5 working days in 1 week.

The entrepreneur who employs an employee more than the stipulated working hours must pay overtime payment. The overtime work however can only be done maximum 3 hours in a day and/or 14 hours in a week. The stipulation of working hours as mentioned above is not applicable to certain business and work sector. To date there are only 3 business sectors that have been regulated by the Minister of Labor, as follows:

Energy and Mineral Resources

Under the Minister of Labor and Transmigration Regulation No. KEP.234 /MEN/2003 on Working Hours and Break Time in the Business Sector of Energy and Mineral Resources, the company in the field of energy and mineral resources, including its supporting service company that conducts activities in an operating area may choose one or more working hours, from 14 types of working hours as follows:

  1. 7 hours in 1 day and 40 hours in 1 week for 6 days in 1 week;
  2. 8 hours in 1 day and 40 hours in 1 week for 5 days in 1 week;
  3. 9 hours in 1 day and 45 hours in 1 week for 5 days in 1 week;
  4. 10 hours in 1 day and 50 hours in 1 week for 5 days in 1 week;
  5. 11 hours in 1 day and 55 hours in 1 week for 5 days in 1 week;
  6. 9 hours in 1 day and 63 hours in 1 week for 7 days in 1 week;
  7. 10 hours in 1 day and 70 hours in 1 week for 7 days in 1 week
  8. 11 hours in 1 day and 77 hours in 1 week for 7 days in 1 week
  9. 9 hours in 1 day and 90 hours in 1 week for 6 10 days in 1 week
  10. 10 hours in 1 day and 100 hours in 1 week for 10 days in 1 week
  11. 11 hours in 1 day and 110 hours in 1 week for 10 days in 1 week
  12. 9 hours in 1 day and 126 hours in 1 week for 14 days in 1 week
  13. 10 hours in 1 day and 140 hours in 1 week for 14 days in 1 week
  14. 11 hours in 1 day and 154 hours in 1 week for 14 days in 1 week

General Mining

Under the Minister of Labour and Transmigration Regulation No. Per-15/Men/VII/2005 on Working Hours and Break Time In the Business Sector of General Mining in Certain Area Operation, the company in the field of general mining, including its supporting service company may implement (a) working hours and break time as set out in the Minister of Labour and Transmigration Regulation No. KEP.234 /MEN/2003, or (b) working period of maximum 10 weeks consecutively, rest days for 2 weeks consecutively, and 1 day rest day for every 2 weeks. If the company chooses the working hours as set out in letter (b) above, then the working hours are maximum 12 hours a day, not including break time.

Fishery

Under the Minister of Labour and Transmigration Regulation No. Per.11/Men/VII/2010 Working Hours and Break Time in the Field of Fishery in Certain Operating Area, the company in the field of fishery including its supporting services company may choose one and/or more than several working hours according to the company’s operational needs, as follows:

  1. working period of 3 weeks consecutively, provided that after the workers work more than 2 weeks consecutively, then worker shall have 1 rest day, and 4 rest days after the worker completes the working period;
  2. working period of 4 weeks consecutively, provided that after the workers work more than 2 weeks consecutively, then worker shall have 1 rest day, and 5 rest days after the worker completes the working period.

The working hours are maximum 12 hours a day, excluding 1 hour for break time.


Budi Ananda Arbie

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