21st Labor Consultation Room Attendance of positive persons/close contacts

Whether it's due to the break from fasting, the mutant strain, or both, both Indonesia and Jakarta continue to set new records for new infections. Japanese companies in Indonesia are also receiving reports of infected people on a daily basis, and are probably struggling to respond. Under such circumstances, it is understood that absenteeism from a positive person who is showing symptoms is treated as sick leave, but we have been receiving many questions about how to treat the absence from work for asymptomatic positive people and close contacts. This time, let's take a look at this attendance policy and its basis.

[Identification of reasons for absence]

First, identify the reasons why asymptomatic positive cases and close contacts cannot come to work. If you are asymptomatic but have a positive PCR test result, you will be ordered to self-isolate at home or in an isolation facility according to the protocols issued by the Ministry of Health. Since you cannot come to work because you are required to self-isolate, the basis for your absence is in the law. It is the citizens' duty to comply with current laws and regulations, so it can be said that the employees are not at fault. On the other hand, each company has established regulations regarding how to deal with close contacts. For example, ``close contacts must self-isolate at home for 14 days from the last day of contact with the positive person, even if the PCR test is negative.'' It's not that the employees don't want to come to work, but that they can't come to work to comply with company rules, so it's not the employees' fault after all. Absences that are not attributable to the employee are considered to have been reported to work, so wages cannot be deducted or the employee's entitlement to annual paid leave cannot be reduced.

[Employees who do not want to come to work]

On the other hand, what about cases where you are not a positive person or a close contact, but you do not want to come to work because you are scared because the infection is spreading at your company? It goes without saying that companies need to make efforts to prevent infection as much as possible by identifying why they are scared and what they are worried about. If the reason is that the company's measures are not sufficient, the request should not be ``I don't want to come to work,'' but ``I would like improvements to be made,'' and it is not permissible to make the employee wait at home on days when he or she is required to work. We will objectively evaluate whether the company's measures are sufficient and improve any areas that are lacking, but if employees still do not want to come to work, they have no choice but to use their right not to come to work. Employees will be required to take annual paid leave, apply for leave, and take other actions in accordance with each company's employment regulations/labor agreement. However, since it is a sensitive issue, it is necessary to first focus on maximizing the company's infection prevention measures.

Related legislation: Law No. 13 of 2003 UU-13/2003