Allegedly do not have a business license, Working Hours In The Warehouse sugar shell Kalideres workers complained
Gudang Gula Batok, located in Pegadungan Kalideres, West Jakarta, is suspected of not having a license and using chemicals in the palm sugar production process.
This was conveyed by one of the workers with the initials R, Wednesday (05/06/24). R, explained that in the process of production of brown sugar or palm sugar using chemicals that are suspected of lime for sugar preservatives.
“The production of palm sugar where the ingredients are some of which use lime to mix raw materials for sugar shell, even the results of the remaining waste is recycled and then used as sugar to be circulated in the market”” said R
Not only the production of packaging and processing are allegedly not the standards set by the industry and trade, the working hours of container production workers and transportation of goods are also not in accordance with applicable regulations, they start working at 05.00 WIB until 18.00 WIB, if overtime is only paid 10 thousand Rupiah.
“Honestly, I represent the workers’ friends are very complaining about the company’s technical working hours outside the rules whether it does not violate the rules of operating hours for companies that have been set by the government,” he complained
In addition, dozens of workers at this location are also not registered BPJS employment health by the company, whereas many workers complain due to the raw materials they produce make the hands blister and arise like ulcers that make itchy hands.
The company does not seem to humanize us with working hours that exceed what is making many workers tired and sick, it is cruel if workers do not want to follow the rules of the company to be fired without compensation,” he complained.
On the other hand, the company when confirmed related to incoming complaints, arguing that this location is not a place of palm sugar production but only a transit warehouse not only sugar, but there are other foods all from the Surabaya area,
“Mas if you want to confirm please go to the office just not here, here there is no production, please go to the office, there are no people, this office is just a warehouse, not a production site,” said Ayub, the security of the sugar warehouse.
“The foreman or manager does not want to be met by the father to the office, the office is next to JCO citra there, I also do not know the name of this PT, just take care of it,” he said
The warung guard in the warehouse added that this was just a warehouse not a processing plant and not sugar nor groceries all sent from the Surabaya area for transit doang,
This suddenly became a public spotlight, especially the young lawyer Wedri Waldi SH.,MH..”Clearly Law No. 13 of 2003 on Labor (Labor Law), 2. Law No. 11 of 2020 on job creation (job creation law), and 3. Government Regulation No. 35 of 2021 concerning certain time work agreements, outsourcing, Working Time and rest time and termination of employment (PP 35/21),” he said When confirmed via WhatsApp.
Wedri Waldi again explained, every entrepreneur must implement the provisions of working time. The working time as meant in Paragraph (1) includes: 7 (seven) hours 1 (one) day and 40 (forty) hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours 1 (one) day and 40 (forty) hours 1 (one) week for 5 (five) working days in 1 (one) week.
The implementation of working hours for employees/laborers at the enterprise is regulated in the labor agreement, Company regulations, or collective labor agreement. But the working time in the provision is not binding
Entrepreneurs / companies that violate the provisions of working time or hours as stipulated in Article 21 paragraph (1) are subject to administrative sanctions in the form of: a written warning; restriction of business activities; temporary suspension of part or all of the means of production; and freezing of business activities.
Terms of implementation of overtime and overtime work as working time for workers who have been regulated in the provisions of Article 77 of the job creation law, workers who work more than that time are counted as overtime work and are entitled to receive overtime pay (excluding workers in the business sector or certain jobs regulated by government regulations).
However, please note that neither the implementation, nor overtime work time can be immediately implemented without any restrictions, or unilaterally ordered by employers/companies to be implemented by workers.
Labor regulations in Indonesia have regulated the terms of implementation and overtime work so as not to charge/burden workers. Article 78 of the Copyright Law stipulates that: 1. Employers who employ workers / laborers exceeding the working time as meant in Article 77 paragraph (2) must meet the requirements: there is approval of the workers/laborers concerned; and overtime can only be done for a maximum of 4 (four) hours in 1 (one) day and 18 (eighteen) hours in 1 (one) week.
it’s in law No. 13 of 2003 on Labor, as stipulated in Article 77 paragraph (3) and Paragraph (4) of the labor law along with an explanation of Article 77 paragraph (3) of the labor law. In addition, we assume that the working day at such enterprises is 5 working days a week.
Regarding working hours, we can refer to the labor law and its Implementing Regulations. Based on our reasoning, we can see that the working time at the company is 8 (eight) hours a day with a break of 1 (one) hour.
Based on Article 77 paragraph (2) of the labor law, there are 2 provisions regarding working time, namely: a. 7 (seven) hours 1 (one) day and 40 (forty) hours 1 (one) week for 6 (six) working days in 1 (one) week; or
Looking at the provisions above, the Working Time imposed by the company does not violate the provisions of the legislation.
However, the regulation of working time in the company is indicated to violate the provisions regarding rest time. Based on Article 79 paragraph (2) letter A of the labor law, rest between working hours, at least half an hour after working for 4 (four) hours continuously and the rest period does not include working hours.
In this case, the company provides a break after 4.5 hours of work (at 07.00 – 11.30). On the basis of this, the company may be subject to sanctions as contained in Article 187 paragraph (1) of the labor law:
“Anyone who violates the provisions referred to in Article 37 paragraph (2), Article 44 paragraph (1), Article 45 paragraph (1), Article 67 paragraph (1), Article 71 paragraph (2), Article 76, Article 78 paragraph (2), Article 79 paragraph (1), and Paragraph (2), Article 85 paragraph (3), and Article 144, shall be subject to a criminal sanction of confinement of at least 1 (one) month and a maximum of 12 (twelve) 10,000,000.00 (ten million rupiah) and at most RP 100,000,000. 00 (one hundred million rupiah).”
Regarding the recommendation of deviation of working time and rest time, permit deviation of working time and rest time as stipulated in Decree No. KEP. 608/MEN / 1989 of 1989 concerning the granting of permits for deviation of Working Time and rest time for companies that employ workers 9 hours a day and 54 hours a week (“Decree No. 608/1989”). However, as Umar Kasim once explained in the article overtime working time more than 54 hours a week, since the promulgation of the labor law, there is no longer a known institution for deviations in working time and rest time as stipulated in Decree No. 608/1989.
Previously, the provisions of the working time deviation permit (IPWK) were possible to be granted after careful research by the competent authority (See also Circular of the Minister of manpower No. SE-01/Men / 1989 on simplification of permit deviation of Working Time and rest time) which is done selectively and temporarily.
In addition, the competent authority also directs the company to increase the number of workers or use the shift work system (Article 5 of the instruction of the Minister of manpower No. INS-03/M/BW/1991 on the implementation of Working Time and rest time in excess of 9 hours a day and 54 hours a week).
Duh, really the company, it is employed by humans not animals, first related to overtime pay, there are clear rules, namely 1/173 x basic salary in accordance with Article 8 of Kep 102/men / 2004 and spur on PP 35/2021, then there are provisions for Working Time 7 hours a day and 40 hours a week or 8 hours and 40 hours a week in 5 days, secondly related to employees, BPJS Kesehatan must be registered according to Presidential Decree No. 19 of 2016, so I asked the DKI Jakarta Manpower office to intervene regarding employee complaints and I asked BPPOM to go down because there were chemicals in the palm sugar production, concluded Wedri Waldi.