13th Labor Consultation Room Change of date for taking paid leave at once

The Indonesian government had moved the days for taking all paid holidays at the end of the fasting holiday in May to the end of the year, and set an 11-day holiday.However, based on the experience of a sharp increase in new coronavirus cases two weeks after the holidays in mid-August and at the end of October, the government canceled the simultaneous taking of three days of paid leave and changed it to two four-day holidays. According to the government's original plan, there would have been an 11-day long holiday starting December 24th, so I'm sure there are quite a few employees who were already planning to return home or travel. The right to 3 days of paid vacation will be returned to the employee, and if the company has a setting where the right to paid vacation is invalidated at the end of December, the employee will lose the opportunity to take paid vacation and it will become invalidated, which may cause dissatisfaction on the part of the employee. Early consideration is the key to choosing the best response for each company, so let's consider what to do if the government cancels this day for all paid leave to be taken at once.

[It is not mandatory to set a date for all paid holidays to be taken at the same time]

Private companies cannot be required to take paid vacation days that the government sets every year along with public holidays. In the first place, the date for all employees to take paid leave, which is a right of employees, is set based on the agreement between labor and management. Therefore, even if the government cancels the date on which paid leave can be taken all at once, it is not illegal for companies to continue to take their paid leave all at once if operational conditions permit. If you think 11 consecutive holidays is too long, but you think it's a little better, you can choose just a few, or you can choose not to set all the holidays at once. Therefore, it is not really a question of the government's settings, but rather that each company should set their own settings that reflect their operating conditions and the wishes of their employees. We recommend that you first analyze what should be done with your current settings based on this assumption. If you decide to cancel all leave entitlements at once, please consider adjusting the expiration date of the 5-day paid leave entitlement, if necessary. Purchases are illegal, so we should consider methods that have minimal impact on operations and allow employees to use them effectively.

[Recommended days to take paid leave]

On the other hand, if employees are looking at the current infection situation and are wondering, ``What should they do on such a long holiday?'' Why not set up a system where employees are encouraged to take paid leave, making it easier for them to come to work and apply for paid leave? This is because if you suddenly cancel your work and require people to come to work, people who already have plans will be confused. In any case, if there are any changes, please reach an agreement between labor and management in advance. We recommend that the company proposes changes and announces them after reaching an agreement with the labor union, employee representatives, etc. who are on the workers' side that are acceptable to each company. It is an employee's right to take paid leave, so an agreement is required to adjust it.

Related legislation: Article 79 of Law No. 13 of 2003