Aunt Melinda

Worker Rules

This afternoon, during the work break.

Mr. Rudi and Mr. Komarudin, are having lunch together.

The two of them, also brought Mr. Yus. To go with them. Enjoying lunch at a Padang restaurant.

All their favorite food.

"Pak Yus's. That, Linda, how long hasn't she been off to work?" ask Mr. Rudi suddenly, when waiting for the order to come.

"Emhhh. Why is that Mr Rudi?" ask Mr. Yus back, after giving an answer to the question asked by Mr. Rudi.

"A long time! Is there no firm action on the part of the company?"

Mr. Rudi, it seems that he does not want to see Linda work in the same company as him.

"According to the rules that apply in Indonesia, the company can not do PHK, if Linda does not violate the rules that apply, for her long leave.

Finally, Mr. Yus gave an explanation to Mr. Rudi. About the rules of the Law that apply in Indonesia. Related to labor.

Labor law that occurs in Indonesia basically adheres to the principle of no work no pay. That is, wages are not paid if workers or workers do not do their work.

However, in the provisions of Article 93 paragraph (3) of Law No. 13 of 2003, there are some exceptions to the implementation of the principle of no work no pay. Among them are workers or workers who experience prolonged illness, the provisions are as follows.

a. For the first 4 (four) months, paid 100% of the wages or basic salary of employees.

b. For the second 4 (four) months, paid 75% of the employee's wages or basic salary.

c. For the third 4 (four) months, paid 50% of the employee's wages or basic salary.

d. For the next month is paid 25% of the wage, before the termination of employment is carried out by the employer.

Looking at the provisions, it can be seen that it is true that in the first month to 4 months workers get a full salary. In the 5th to 8th months get 75% of the salary. Then in the 9th month to the 12th month get 50% of the basic salary only.

If it is more than 1 year, then it is paid at 25% of the salary, before the termination of employment is carried out by employers.

Jurisprudence regarding the payment of wages of workers who are sick for a long time, in the form of a certain percentage of the salary usually received.

For example, we can see in the Supreme Court decision Number 911/K/Pdt 2009.

Based on Article 153 paragraph (1) number a Law No. 13 Years 2003 on Employment (“UU Employment”), employers are prohibited from doing termination or PHK on the grounds, workers or laborers are prevented from entering work because of illness. According to the doctor, during the time does not exceed 12 (twelve) months continuously.

Although basically employers are prohibited from doing PHK, with workers who suffer from illness under Article 153 paragraph (1) letter a of the Employment Law, against workers or workers who experience chronic or prolonged illness, the, PHK can be done after the pain exceeds the time of 12 (twelve) months continuously.

While the arrangement on Termination of Employment or PHK against workers or workers who are unable to enter work due to prolonged illness for more than 12 months, is stipulated in Article 172 of Law No. 13 Years 2003 on Employment.

Workers or workers who experience prolonged illness, disabled due to a work accident and unable to do his work after exceeding the limit of 12 (twelve) months can apply for termination of employment and be given severance pay 2 (two) times the provisions of Article 156 paragraph (2), the award of the term of employment 2 (two) times the provisions of Article 156 paragraph (3), and the money in lieu of the right 2 (two) times the provisions of Article 156 paragraph (4).

Although stipulated in Article 172 of the Employment Law is the PHK requested by workers, but the article can also be used if the entrepreneur who took the initiative to do PHK.

Mr. Rudi, nodding his head, after Mr. Yus finished giving an explanation. Because, he also already knows, how the rules and laws that apply to the workers.

"But Yus sir. Linda did not have a work accident, because the accident occurred, purely outside her job. Because at the time, Linda was applying for leave."

Mr. Yus glorified his head, understanding what Mr. Rudi meant at the moment.

But he couldn't do anything, before 12 months. Because, the doctor's certificate is still smoothly submitted by Linda. With a description from the doctor, if Linda is still routinely doing therapy.

He couldn't do anything rashly. Because there is an official letter from the doctor, who is in the hospital.

"But Linda's behavior, can be a bad example for other employees," said Mr. Rudi gave an excuse.

"A bad example? Who would want to have an accident like Melinda? I don't think anyone would want to experience that." Mr. Yus tries to remain wise as three are HRD leaders, who are responsible for taking care of all employees.

Finally, Mr. Rudi no longer protests. Their lunch order has come. The three of them, finally ate together and did not reply anymore about the work.

Moreover, Mr. Komarudin was also just this silent from now on. He did not want to comment on Linda, who was becoming increasingly difficult to approach.

Mr. Komarudin also did not want to just now with Linda. Because she heard of being threatened by Linda herself. And he also heard, if Linda had a deckengan of people who were at the office. Both in HRD and other offices.

But Mr. Komarudin did not wonder to Mr. Yus, although he was very sure. If Mr. Yus also knows, who are the people who are Linda's arms at the moment.

Mr. Komarudin did not realize that his sister Linda, Danang, was at the PPIC office. While his brother-in-law, his wife Danang, is at the HRD office. His men are Yus himself.

Mr. Rudi also did not know, if his sister Linda, was married to one of his men Pak Yus, namely Della.

Mr. Rudi himself forgot, if he had also threatened Linda. If only he still messed with her.

But it seems that Mr. Rudi is indeed no fear. Even now he wants to take revenge on Linda, by asking Yus sir for help indirectly. That is a proposal so that Linda in PHK only from the company.

In fact, Mr. Yus himself did not dispute about the permit so long, which Linda requested.

All because of Linda's condition, after yesterday's accident. Which did not allow him to enter work as usual.

Moreover, in the initial certificate, Linda also declared a miscarriage. And it has its own leave.

The rules of maternity leave can be found in Article 82 paragraph (1) of the Labor Law.

Workers or women workers are entitled to rest for 1.5 months before the time to give birth to children and 1.5 months after giving birth to children, according to the calculation of obstetricians or midwives.

This can be said that, the length of maternity leave is 3 months, which is the total from before and after giving birth. However, the length of rest can be extended based on a certificate from the obstetrician or midwife, both before and after giving birth.

So, in Linda's case, for 1.5 months at the beginning of the leave, it was used for the purposes of pregnancy due to miscarriage.

"So, that's about Mr. Rudi," said Mr. Yus again. When I remember Linda's condition at that time.

Mr. Rudi can no longer break, when Mr. Yus again gave an explanation to him. After they finished their lunch. Because, two also heard some people talking about Linda's condition. While she was serving the body of her late husband Linda, Ferry.