Employers should pay workers doing overtime on holidays: Ministry


The Ministry of Manpower announced that every entrepreneur or employer is obligated to pay wage to workers, who work overtime during national holidays.

“Article 187 of the Job Creation Law states that entrepreneurs and employers, who do not pay overtime wages on official holidays (article 85, paragraph 3), are subject to a criminal sanction of imprisonment for a minimum of one month and a maximum of 12 months and/or a fine of at least Rp100 million,” Director General of Supervision, Manpower, and Occupational Safety and Health at the Ministry of Manpower Haiyani Rumondang noted in a written statement received here, Thursday.

Rumondang remarked that the obligation to pay overtime wages was stipulated in Article 78, paragraph 2 of Law No. 11 of 2020 on job creation and in Article 29, paragraph 2 of PP No. 35 of 2021 regarding certain time employee agreement (PKWT), outsourcing, work time, rest time, and layoffs.

The article emphasizes that entrepreneurs or employers, who employ workers on the first and second days of Eid al-Fitr or on collective leaves and national holidays set by the government are obligated to pay overtime wages in accordance with applicable regulations.

Rumondang later explained that employers, who declined to pay overtime wages to their workers, are liable to face strict sanctions.

The sanctions have been regulated in Article 187 of Law Number 11 of 2020, in which employers, who do not pay wages on national holidays, will be subject to a minimum imprisonment of one month and a maximum of 12 years.

“And or they can be fined a minimum of Rp10 million and a maximum of Rp100 million as stipulated in Article 187 of Law Number 11 of 2020,” she concluded.

Source: Antara News