According to her, Work Creation Bill not only will threaten industrial workers, but will also have an impact on office workers.
“Office workers must be reminded that the Job Creation Bill does not only threaten them, but also their generation,” said Mirah Sumirat, Chairperson of the Indonesian Aspect when contacted. Kompas.com, Tuesday (18/8/2020).
Mirah assessed that office workers have so far seemed passive about the issue of the Job Creation Bill.
According to him, this happened because office workers were already in a “comfort zone” with a large salary.
Plus, so far they do not understand the essence of the struggle that can be expressed in trade unions and organizations.
With this lack of access, office workers tend to overlook the issue of the Job Creation Bill.
On the other hand, his party did not want to remain silent. He also called on all parties who have been rejecting the Cipta Kerja Bill to intensify their rejection campaign.
This was done so that the message of the rejection campaign could be accepted by the office worker group.
“The campaign can be carried out through social media. I think they are more active on social media, so the campaign will be intensified so that it can attract office workers,” he said.
Based on records Kompas.com, there are a number of controversial articles in the Cipa Kerja Bill which are divided into 11 clusters.
Meanwhile, the employment cluster as stated in CHAPTER IV has the most attention from the public.
This chapter on manpower changes, removes, or sets new regulations on several provisions stipulated in Law Number 13 of 2003 concerning Manpower, Law Number 40 of 2004 concerning the National Social Security System, and Law Number 24 of 2011 concerning Social Security Administering Bodies.
The amendment, elimination or stipulation of the new rules is said in the draft Job Creation Bill as, “In order to strengthen protection for workers and increase the role of workers in supporting the investment ecosystem.”
Regarding rest periods, for example, the Job Creation Bill eliminates weekly holidays of two days for five working days. This bill also eliminates two months’ leave per six years.
In Article 79 Paragraph (2) point b of the Bill, it is stated that the weekly rest is one day for six working days in one week.
As for the arrangement on long leave in the Work Copyright Bill is enshrined in Article 79 paragraph (5).
Long leave is said to be regulated in work agreements, company regulations, or collective working agreements.
Then, the Job Creation Bill removes the wage provisions that protect workers or laborers.
That is, the spirit of calculating wages for the achievement of the necessities of a decent life is lost.
The wage provisions in the Job Creation Bill are regulated in article 88A which states that laborers or workers are paid based on an agreement or legislation. The determination of wages in article 88B is based on the unit of time and results.
The Job Creation Bill also changes the terms of time for fixed-term work agreements (PKWT) or contract workers.
Through Article 56 Paragraph (3), the Job Creation Bill stipulates that the period or completion of a certain job is determined based on the agreement of the parties.
The Job Creation Bill eliminates the provisions of Article 59 of the Manpower Law which regulates restrictions on the types of work and the period that can be tied to a work contract.
Then, the Job Creation Bill changes the provisions of Article 61, one of which regulates that the work agreement ends when the work is completed. This clause was not previously contained in the Manpower Law.
The Job Creation Bill, through Article 61A, adds that the employer is obliged to provide compensation to workers whose working relationship ends due to the end of the work agreement period and the completion of the work.
The regulations regarding work agreements in the Job Creation Bill are considered to be detrimental to workers because of the unequal power relations in making agreements.
The term of the contract will be in the hands of the entrepreneur, which can even make the contract status permanent.
The provisions regarding the PKWT work agreement can end when the work is finished also makes workers vulnerable to layoffs, because employers can unilaterally determine the end of the job.
Employers can lay off contract workers at any time as long as they provide compensation in accordance with the additional provisions in article 61A, which are not included in the Manpower Law.