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| Part 3 Quote: Chapter 2 - General Use of Labour
Section 23. A boss shall announce the normal hours of work for the information of the employee, such that the prescription of the employee's time of commencement and time of finishing of work for each day does not exceed the hours of work for each of the job categories as prescribed in ministerial regulations, but one working day must not exceed eight hours and the total hours of work in one week must not exceed forty eight hours, except that one day's normal hours of work for work which might be hazardous to the health and safety of the employee as prescribed in ministerial regulations must not exceed seven hours and in such a case, the total hours of work in one week must not exceed forty two hours.
When a boss is unable to announce and fix the time of commencement and time of finishing of work for each day due to the characteristics or nature of the work, the boss and the employee shall arrive at an agreement with each other and fix the number of hours of work for each day which must not exceed eight hours and in such a case, the total hours of work for each week must not exceed forty-eight hours.
Section 24. A boss is not allowed to tell an employee to work overtime on a working day unless the consent of the employee has been obtained on a case-by-case basis.
When the characteristics or nature of the work requires the work to be performed continuously, such that if there is a stoppage it will cause damage to the work, or where the work is emergency work or such other work as prescribed in ministerial regulations, the boss may order the employee to work overtime to the extent necessary.
Section 25. A boss is not allowed to order an employee to work on a holiday, except when the characteristics or nature of the work requires the work to be performed continuously, such that if there is a stoppage it will cause damage to the work, or when the work is emergency work; in such cases the boss may order the employee to work on a holiday to the extent necessary.
A boss may order an employee to work on a holiday in respect of the businesses of a hotel, a place of amusement, transportation work, a shop that sells food, a shop that sells drinks, a club, an association, a medical facility, or such other businesses as prescribed in ministerial regulations.
In the interests of production, sales and services, a boss may order an employee to perform work, in circumstances other than those stipulated in paragraph one and paragraph two, on a holiday to the extent necessary, such that the consent of the employee has been obtained first on a case-by-case basis.
Section 26. The amount of overtime under paragraph one of Section 24 and the holiday hours of work under paragraph two and paragraph three of Section 25, when combined, must not exceed the amount prescribed under ministerial regulations.
Section 27. On a day on which work is performed, the boss shall arrange for the employee to have a rest period of not less than one hour per day during the work after the employee has been working for not more than five consecutive hours. The boss and the employee may agree in advance that a rest period shall be less than one hour but, when combined together, there must not be less than one hour of rest in each work day.
If it is beneficial for an employee to agree with his or her boss on a rest period other than that provided under paragraph one, such an agreement shall be enforceable.
Rest periods during work shall not be counted as hours of work except that, if the combined rest periods in one day exceed two hours, the hours in excess of two hours shall be counted as normal hours of work.
When overtime is to be performed continuously for not less than two hours in excess of normal working hours, the boss must arrange for the employee to have a rest period of not less than twenty minutes before the employee commences such overtime work.
The provisions in paragraph one and paragraph four shall not apply when the employee performs work which because of its characteristics or nature of must be performed continuously, when the consent of the employee has been obtained or the work is emergency work.
Section 28. A boss shall arrange for an employee to have a weekly holiday of not less than one day per week, such that the interval between weekly holidays must be not be less than six days. The boss and the employee may agree in advance to fix any day as the weekly holiday.
When an employee performs hotel work, transportation work, work in a forest, work in the countryside or such other work as prescribed in ministerial regulations, within any period of four consecutive weeks, the boss and the employee may agree in advance to accumulate weekly holidays, but such holidays must be taken within those four consecutive weeks.
Section 29. A boss shall announce and fix the traditional holidays for the information of the employees in advance. The number of traditional holidays in one year shall not be less than thirteen days, inclusive of the National Labour Day as prescribed by the Minister in a notification.
A boss shall consider fixing the traditional holidays from the government holidays for the year, religious holidays or the customary and traditional holidays of the locality.
When a traditional holiday falls on an employee's weekly holiday, the employee shall be given a holiday in compensation for the traditional holiday on the following working day.
When a boss is unable to let an employee take a traditional holiday as the characteristics or nature of the work performed by the employee is as prescribed in ministerial regulations, the boss shall agree with the employee on another holiday in compensation thereof or the boss may pay the employee holiday pay in lieu.
Section 30. An employee who has been working consecutively for a full year is entitled to take annual leave of not less than six working days per year; the boss shall be the person to determine in advance when the said leave for the employee shall be taken or shall determine it in by agreement with the employee.
In the following years, the boss may determine annual leave for the employee of more than six working days.
A boss and an employee may agree in advance to accumulate and postpone annual leave which has not been taken in that year to be combined with the annual leave of the following years.
With regard to an employee who has worked for less than one year, the boss may determine the annual leave for the employee on a prorata basis.
Section 31. A boss shall not be allowed to order an employee to perform overtime work or holiday work which might be hazardous to the health and safety of the employee as per paragraph one of Section 23.
Section 32. An employee shall be entitled to take medical leave in accordance with the actual extent of illness. For medical leave of three working days or more, the boss may require the employee to produce a medical certificate from a doctor of first class modern medicine or from a government medical facility. When the employee is unable to produce a medical certificate from a doctor of first class modern medicine or from a government medical facility, the employee shall give an explanation to the boss.
When the boss provides a doctor, that doctor shall be the person to issue the certificate, unless the employee is unable to let that doctor examine him or her.
Days on which an employee is unable to work due to an injury or illness arising from work, and maternity leave days under Section 41 shall not be considered to be medical leave under this Section.
Section 33. An employee shall be entitled to take leave in order to be sterilized for the time period prescribed by a doctor of first class modern medicine and for which the doctor of first class modern medicine issues a certificate.
Section 34. An employee is entitled to take leave for essential errands in accordance with work rules and regulations.
Section 35. An employee shall be entitled to take leave for military service for mobilization for inspection, for military training or for mass testing in accordance with the law on military service.
Section 36. An employee shall be entitled to take leave for training or development of knowledge and competence in accordance with the criteria and procedures prescribed in ministerial regulations.
Section 37. A boss shall be prohibited from ordering an employee to lift, tote, carry with both hands, carry suspended from the ends of a pole across the shoulder, carry on the head, drag or push a heavy object in excess of the weights prescribed in ministerial regulations.
Chapter 3 - Female Labour
Section 38. A boss shall be prohibited from permitting female employees to perform any of the following work:- (1) Mining work or construction work which must be done underground, under water, in a cave, in a tunnel or a shaft in a mountain, unless the characteristics of the work do not pose a hazard to the health or the body of the female employee.
- (2) Work which must be performed on a scaffold more than ten metres from the ground or more.
- (3) Production or transportation of explosives or inflammable materials.
- (4) Other work as prescribed in ministerial regulations.
Section 39. A boss shall be prohibited from allowing a pregnant female employee to work between the hours of 22.00 hours and 06.00 hours, to work overtime, to work on holidays or to do any of the following work:- (1) Work connected with vibrating machinery or engines.
- (2) Work which moves along or goes off together with a vehicle.
- (3) The work of lifting, toting, carrying with both hands, carrying suspended from the ends of a pole across the shoulder, carrying on the head, dragging or pushing a heavy object in excess of fifteen kilograms.
- (4) Work which is performed inside a ship.
- (5) Other work as prescribed in ministerial regulations.
Section 40. When a boss lets a female employee work between the hours of 22.00 hours and 06.00 hours, and the Labour Inspection Officer is of the opinion that that work is hazardous to the health and safety of that woman, the Labour Inspection Officer shall report it to the Director-General or a person assigned by the Director-General for consideration and issuance of an order ordering the boss to change the hours of work or to reduce the hours of work as may be deemed appropriate, and the boss shall comply with the said order.
Section 41. A pregnant female employee shall have the right to take maternity leave of not more than ninety days per pregnancy.
The leave days under paragraph one shall include the holidays which occur during the leave days.
Section 42. When a pregnant female employee produces a medical certificate from a doctor of first class modem medicine stating that she is unable to continue to perform her existing duties, that employee shall have the right to ask the boss to change her existing duties temporarily before or after delivery, and the boss shall consider changing the work to work which is appropriate for that employee.
Section 43. A boss shall be prohibited from terminating the employment of a female employee on the basis that she is pregnant.
Chapter 4 - Child Labour
Section 44. A boss shall be prohibited from employing a child under the age of fifteen years as an employee.
Section 45. When a child under the age of eighteen years is employed as an employee, the boss shall act as follows:- (1) Report the employment of that child employee to the Labour Inspection Officer within fifteen days from the date on which the child starts work.
- (2) Prepare a record of conditions of employment, when they are changed from the original conditions, for storage at the boss' place of business operations or office, ready for inspection by the Labour Inspection Officer during hours of work.
- (3) Report the termination of the employment of the child to the Labour Inspection Officer within seven days from the date on which the child left the job.
The reports or preparation of the record under paragraph one shall be in accordance with the formats prescribed by the Director-General.
Section 46. A boss shall arrange for a child employee to have a rest period of not less than one consecutive hour per day after the employee has been working for not more than four hours.
However, during those four hours, the child employee shall have a rest period as prescribed by the boss.
Section 47. A boss shall be prohibited from permitting a child employee under the age of eighteen years to work between the hours of 22.00 hrs and 16.00 hrs unless written permission has been obtained from the Director-General or a person assigned by the Director-General.
A boss may let a child employee under the age of eighteen years who is a performer in a movie, play or other similar form of exhibition work between the said hours. In this connection, the boss shall arrange for that child employee to rest as appropriate.
Section 48. A boss shall be prohibited from permitting a child employee under the age of eighteen years to work overtime or work on holidays.
Section 49. A boss shall be prohibited from permitting a child employee under the age of eighteen years to perform any of the following work:- (1) The smelting, blowing, casting or rolling of metals.
- (2) Metal stamping.
- (3) Work connected with heat, cold, vibration, noise and light the levels of which are different from normal levels, which could be hazardous as prescribed in ministerial regulations.
- (4) Work connected with hazardous chemicals as prescribed in ministerial regulations.
- (5) Work connected with microorganisms, which could be viruses, bacteria, moulds or other germs as prescribed in ministerial regulations.
- (6) Work connected with poisonous materials, explosives or inflammable materials, except for work in fuel oil service stations as prescribed in ministerial regulations.
- (7) The driving or controlling of forklifts or cranes as prescribed in ministerial regulations.
- (8) Work which uses electric or motorized saws.
- (9) Work which must be done underground, under water, in a cave, in a tunnel or a shaft in a mountain.
- (10) Work connected with radiation as prescribed in ministerial regulations.
- (11) The cleaning of machinery or engines whilst the machinery or engines are in operation.
- (12) Work which must be performed on a scaffold more than ten metres from the ground.
- (13) Other work as prescribed in ministerial regulations.
Section 50. A boss shall be prohibited from permitting a child employee under the age of eighteen years to work in the following places:- (1)An abattoir.
- (2)A casino.
- (3)A dance, folk dance or ronggeng hall.
- (4)A place which sells and provides food, alcohol, tea or other beverages, with hostesses to serve customers or with places for resting or sleeping or with massage services for customers.
- (5) 0ther places as prescribed in ministerial regulations.
Section 51. A boss shall be prohibited from paying the wages of a child employee to another person.
A boss shall be prohibited from demanding or accepting guarantee money for any purpose whatsoever on the part of a child employee.
In the case where a boss, a child employee, a parent or guardian of a child employee pays or accepts money or any remuneration benefit in advance before employment takes place, at the beginning of employment or before the stage of payment of the wages to the child employee on each occasion, it shall not be held to be payment or receipt of wages for that child employee, and the boss shall be prohibited from deducting the said remuneration benefit from the wages which must be paid to the child employee in accordance with the deadline.
Section 52. In the interests of developing and promoting the quality of life and the performance of work by children, a child employee under the age of eighteen years has the right to participate in meetings and seminars, receive training or take leave for other activities which are organized by places of education or state or private sector work units approved by the Director-General, subject to the requirement that the child employee shall inform the boss clearly in advance of the reason for taking the leave, as well as show relevant documentary evidence thereof, if any, and the boss shall pay wages to the child employee in an amount equal to the wages for working days throughout the entire leave period, but the number of such leave days must not exceed thirty days in a year.
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