Indonesian Manpower Law: Unpaid Leave Allowance / Vacation

Unpaid “vacation” (the word “vacation” in the labor law reflects the term of the “day-off”, ”rest”, “leaves”, “not work”, “official holiday” and the likes). The unpaid “vacation” supposed to be the day other than (i) the paid “day-off” as may be agreed under the related working agreement or company regulation (if applicable); or (ii) the paid “vacation” ~ the paid “day-off”, ”rest”, “leaves”, “not work”, “official holiday” and the likes under the labor law as follows:

Article 79

-          1-day off for 6-day work schema or 2-day off for 5-day work schema within a week.

-          Annual leaves at least 12 work days a year after the 12-month of working.

-          Long leaves at least 2-month, to be utilized at the 7^th and 8^th year (1-month each) after a consecutively 6-year of working (by taking this the worker can not utilize his/her annual leaves during such 2-year (7^th and 8^th), such long leaves in multiple 6-year of working.

Article 81

-          The rest on 1^st and 2^nd day of the woman’s (monthly) period upon her notification.

Article 82

-          For pregnancy, the rest starts from 1.5 month before giving a birth until 1.5 month after giving a birth

-          For misbirth, entitles to 1.5 month rest or as prescribed by the relevant doctor.

Article 93

(Working) day off upon:

-          The ill;

-          Vide article 81;

-          The worker gets marriage, held a marriage, circumcise, baptized (of his/her son/daughter), the wife is giving a birth or misbirth, the death of husband/wife/son-or-daughter-in-law/parent(s)/in-laws/family member under the same house;

-          The implementation of state duty;

-          The implementation of his/her religion’s order;

-          The employer failed to employ the willing worker under their (working) agreement;

-          The rest/leaves allowances (under the law, above articles);

-          The implementation of his/her labor union’s duty on employer’s permission;

-          The implementation of his/her study from the employer.

Article 145 & 146

-          The upright strike on rightful claim upon employer’s infringement & the invalid lockout.

Article 155

-          Day off upon the working suspension by the employer during the process of employment termination.

Article 156

-          In the event any termination of employment, the company to pay the compensation of annual leaves allowance that have not expired and have not been taken by the worker.

Article 160

-          Not a mandatory, upon the arrest(ment) of worker on criminal allegation reported by other than the employer, but a mandatory for giving the funding to his/her dependent family.