Jakarta –The Ministry of Manpower (Kemnaker) issued a circular letter (SE) from the Minister of Manpower of the Republic of Indonesia number M/6 HK.04/XII/2024 regarding the Implementation of National Holidays and Joint Leave in Companies.
The Director General of Industrial Relations and Social Security (PHI Jamsos) at the Ministry of Manpower, Indah Anggoro Putri, urged workers and employers to comply with the circular. The circular was issued ahead of the Christmas and New Year 2024/2025 holiday period.
“The Ministry of Manpower hopes that workers and employers can adhere to the circular and together we welcome the Christmas and New Year holidays with joy,” she said on Thursday (12/12/2024).
There are several points contained in the SE. It is mentioned that national holidays are official holidays established by the government.
Workers/laborers are not required to work on national holidays or official holidays. Employers can employ workers/laborers to work on national holidays or official holidays for jobs that must be carried out continuously due to their nature and type. This is as stipulated in the Minister of Manpower and Transmigration Decree Number KEP.233/MEN/2003 concerning the Type and Nature of Work that is Carried Out Continuously. “In certain circumstances, employers can employ workers/laborers on national holidays or official holidays based on an agreement between the workers/laborers and the employers,” the SE states.
Employers who employ workers/laborers to perform work on national holidays or official holidays are required to pay overtime wages.
Then, for the implementation of joint leave, it is stated that joint leave is part of annual leave. The implementation of joint leave is optional or at the discretion of the employer and employee/labor union agreement, work agreement, company regulations, or collective labor agreement and legislation, considering the company’s operational conditions and needs.
“Employees/laborers who take leave on joint leave days will have their annual leave rights reduced by the amount of joint leave taken,” he explained.
Employees/laborers who work on joint leave days will not have their annual leave rights reduced and will be paid wages as on regular working days. With the issuance of this Circular Letter, Circular Letter Number M/3/HK.04/IV/2022 dated April 14, 2022, regarding the Implementation of Joint Leave in Companies, is revoked and declared no longer in effect.
“In this regard, you are requested to convey this Circular Letter to the Regent/Mayor and stakeholders in your area. This Circular Letter is made for guidance,” he concluded.
The Nataru holiday schedule for 2024/2025 has been established through a joint ministerial decree (SKB) from 3 ministers, Number: 1017 of 2024, Number: 2 of 2024, and Number: 2 of 2024, regarding National Holidays and Joint Leave for 2025. The national holiday in commemoration of Christmas falls on Wednesday, December 25, 2024, while the holiday due to joint Christmas leave falls on Thursday, December 26, 2024. Then, the national holiday schedule for New Year 2025 falls on Wednesday, January 1, 2025.