Industrial Accidents (Commuting Accidents) in Indonesia: Scope of Application and Countermeasures for Labor-Management Troubles
Absenteeism and related expenses due to industrial accidents (hereinafter referred to as industrial accidents) in Indonesia are stipulated by the BPJS Ketenagakerjaan (Labor Security) law.
Industrial accidents areAccidents and disasters caused by work-related matters” refers to
So,In Indonesia, which has unique traffic conditions, are "accidents that occur on the way to work" considered work-related accidents?
So,In Indonesia, which has unique traffic conditions, are "accidents that occur on the way to work" considered work-related accidents?
In this column, we will explain the issues and countermeasures that companies are likely to face in the industrial accident situation in Indonesia, which is different from Japan.
1. Validity of “Commuting Accident”: How far is the normal commuting route?
When considering work-related accidents in Indonesia, it is first necessary to understand the commuting situation, which is significantly different from Japan.
| Japan | The main means of transportation is the train, and it is easy to objectively determine the ``normal route'' based on the sections for which you purchased your commuter pass. |
| Indonesia | The main means of transportation are cars and motorcycles. Due to severe traffic congestion and odd/even traffic regulations (Ganjil-Genap), it is common for routes to be changed daily. |
Commuting by car or motorcycle makes it easy to stop at other places along the way.It becomes extremely difficult to draw the line as to what constitutes a commuting accident.
In fact, this detailed boundary line is not clearly defined by law.
Therefore,The company should confirm the validity of the accident location and clearly define it in company regulations.There is a need.
Therefore,The company should confirm the validity of the accident location and clearly define it in company regulations.There is a need.
2. Confirmation of absence due to industrial accident: Will the "medical certificate" be recognized by the company?
In Indonesia, "absenteeism due to industrial accidents" is defined as "work attendance" based on related laws and regulations.It is considered.
However, in order to determine whether the absence is really due to an industrial accident,Same as regular sick leave“Doctor’s medical certificate” requiredis.
However, in order to determine whether the absence is really due to an industrial accident,Same as regular sick leave“Doctor’s medical certificate” requiredis.
There are two points to note here.
① Medical certificates for all periods of absence are required.
The period of rest ordered by a doctor's note is usually about one week.
In cases where home recuperation is prolonged, the employee must continue to submit medical certificates covering the entire period of absence.
② Existence of “folk medicine” unique to Indonesia
This is the point that is most likely to cause trouble.
In the event of a sprain or fracture, Indonesian people (especially those from rural areas) often rely on the following folk remedies rather than official hospitals.
-
Tukang urut (massage therapist)
-
Paranormal (traditional osteopath, etc.)
Providers of these folk remedies may issue documents stating that you should take a break for XX days.
The question is whether or not this document should be recognized as a medical certificate.
The question is whether or not this document should be recognized as a medical certificate.
3. Risk of “voluntary resignation” caused by ambiguous rules
If an employee brings a letter from a private medical provider, will the company accept this as an official medical certificate?
If you reject the medical institution because it is not recognized by the company, the following chain of events may occur.
-
Since there is no official medical certificate, the employee cannot be recognized as absenteeism due to industrial accidents (treated as work attendance).
-
You cannot claim expenses from either BPJS Ketenagakerjaan (labor security) or BPJS kesehatan (medical insurance), and you will have to pay for the treatment yourself.
-
Since the company does not accept the reason for the absence, the employee will be treated as ``absentee without leave'' (Mangkir).
-
Unauthorized absence for 5 consecutive daysIf this continues,Possibility of being legally ``deemed to have resigned voluntarily''There is.
An employee who was on leave due to an injury found himself resigning.
Such a situation carries the risk of facing serious trouble between labor and management.
Measures to prevent labor-management troubles
In order to prevent industrial accident problems in Indonesia, companies need to take the following measures.
| Clarification of work rules | The definition of a "normal commuting route" and the "standards of medical institutions that the company accepts as official evidence (requirements for medical certificates)" are clearly stated in the regulations. |
| Thoroughly informing employees | In addition to creating rules, make sure that local staff understand in advance that ``a medical certificate from an official hospital is required to apply for work-related compensation.'' |
Summary: “Clear common understanding” between labor and management is essential
Smooth labor management in Indonesia begins with a "clear and common understanding" based on an understanding of the local culture and customs.
Why not reconsider whether your company's regulations are in line with current commuting and medical circumstances?
For labor-related consultations such as labor risk analysis by reviewing your company's work rules, please leave it to our company, Keystone Consulting Group.
We provide services tailored to your company.
[For inquiries, please contacthereFrom (free initial consultation!) ]
References:BPJS Employment
