MANPOWER
In the wake of an increasing number of positive COVID-19 cases in Indonesia, Indonesia鈥檚 Minister of Manpower, Mrs. Ida Fauzia, has issued several employment policies in relation to the impact of COVID-19.
- Circular of the Minister of Manpower No. M/1/HK.04/II/2020 on the Engagement of Foreign Workers from The People鈥檚 Republic of China:
In connection with situations and emergencies communicated by the World Health Organization (WHO) because of a disease outbreak caused by the Corona virus in the People's Republic of China (PRC) and efforts in providing protection, the government takes the following steps:
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Prohibit and suspend the engagement of foreign workers from China.
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For foreign workers who are employed in temporary jobs and still live in Indonesia can still be extended for a maximum of 6 (six) months.
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This Circular Letter shall come into force as from the date of stipulation up to February 颅颅颅29, 2020 and will be re-evaluated.
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- Circular of the Minister of Manpower No. M/3/HK.04/III/2020 on Protection of Workers and Business Continuity in Precaution and Prevention of COVID-19:
This circular asked the Governors in Indonesia to implement 2 (two) employment measures in their respective provinces of Indonesia, namely:
- Prevention and handling of cases related to COVID-19 in the work environment
The steps include guidance and supervision of the implementation of regulations in the field of Occupational Safety and Health (Kesehatan dan Keselamatan Kerja-K3) and also disseminating information to all levels of the organization and related parties in the area of 鈥嬧�媑uidance and supervision.
Further, register and report to the relevant agencies every case or alleged COVID-19 case at work and instruct all companies to anticipate the potential spread of COVID-19 to workers / laborers by taking preventative measures.
Preventive measures include cleanness- and health-conscious behavior integrating the K3 program, empowering the Committee for Guidance for Occupational Safety and Health (Panitia Pembina Keselamatan dan Kesehatan Kerja-P2K3) and optimizing the function of occupational health services.
This circular also encourages all companies to immediately prepare a preparedness plan and to deal with COVID-19 with the aim of minimizing the risk of transmission at work and maintaining business continuity.
In the event that there are workers / laborers or employers being at risk, suspecting or experiencing illness due to COVID-19, certain steps are to be taken according to health standards issued by the Ministry of Health.
- Protection of wage for workers / laborers related to the COVID-19 outbreak
For workers / laborers categorized as Persons under Monitoring (Orang dalam Pengawasan-ODP), related to COVID-19 and based on a doctor's statement so that they do not come to work for a maximum of 14 days or according to the Ministry of Health standards, the wages are paid in full.
Moreover, for workers / laborers, categorized as suspect cases of COVID-19 and quarantined / isolated according to a doctor's statement, the wages are paid in full during the quarantine / isolation period.
For workers / laborers who do not come to work due to illness by COVID-19, evidenced by a doctor's statement, the salary is paid according to the statutory regulations.
Whereas for companies that limit business activities due to government policies in their respective regions for the prevention and control of COVID-19, causing some or all of their workers to not come to work and taking into account business continuity, changes in the amount and manner of payment of workers / laborers' wages are made in accordance with the agreement between employers and workers / laborers.
- Prevention and handling of cases related to COVID-19 in the work environment
- Circular of the Director General of Manpower Inspection and Occupational Health and Safety No. 5/193/AS.02.02/III/2020 on Preparedness in Facing the Spread of COVID-19 at the Workplace
In order to anticipate and minimize the impact of the spread of COVID-19 at the workplace, there are immediate steps to be taken systematically and effectively as an act of preparedness for the occurrence of a pandemic, this circular appealing to the respective head of agency in charge of employment to take the following steps:- To provide guidance and supervision on the implementation of laws and regulations in the field of Occupational Safety and Health (K3), especially regarding the prevention of COVID-19 cases at the workplace.
- Disseminating information to all levels of the organization and to related parties within your area for guidance and supervision regarding COVID-19 cases at work and their impact on the employment sector.
- Record and report to relevant agencies each case reasonably suspected of COVID-19 at the workplace.
- Oblige each Company Leader to anticipate potential COVID-19 cases at work by taking precautionary measures on hygiene behavior and health by integrating the Occupational Safety and Health (K3) program, the K3 Empowerment Committee and optimizing the function of occupational health services.
- Register companies that have taken the actions as referred to in number 4 and 5.
To every Company Management to:
- Implement the provisions of Manpower Regulation Number PER.02 / MEN / 1980 concerning the Examination of Health of Workers in the Implementation of Work Safety and Manpower Regulation Number PER.03 / MEN / 1982 concerning Occupational Health Services as part of the application of the conditions of occupational Health and Safety.
- Encourage every company management to immediately make a preparedness plan in dealing with the COVID-19 pandemic with the aim of minimizing risks for workers and business continuity by taking actions including:
- Increased manager-level awareness in order to apply preparedness to possibilities of the onset of the COVID-19 pandemic;
- Anticipating an attendance rate of 30% for a minimum period of 3 (three) months 1 / 2 completing the attendance percentage matrix and determining vulnerable points;
- Determining the most important parties and business activities that are vital or essential in the framework for maintaining business continuity in the case of COVID-19 pandemic;
- Preparing a simple delegation process for granting approvals;
- Guide workers / laborers to implement preventive measures:
- Worker education about COVID-19 (causes, symptoms, transmission and prevention);
- Maintaining cleanliness of the work environment;
- Providing access to hand washing facilities in the form of running water and liquid soap or hand sanitizers in public areas, such as entrances, elevators, toilets etc.;
- Maintaining cleanliness of the hands, especially before touching mouth, nose and eyes as well as after touching a public installation;
- Washing hands with water and liquid soap and rinse for at least 20 seconds;
- Covering the mouth with a tissue when sneezing or coughing and throwing the tissue in the trash;
- If there are workers with fever symptoms (38掳C) or a history of fever accompanied with one of the symptoms of respiratory disorders, such as cough, runny nose, sore throat, tightness breathing, holding a risk factor for COVID-19, those workers shall immediately go to the nearest health facility;
- Informing workers on duty, experiencing health problems, to use masks and seek health services locally;
- Workers returning from outbreak areas should report to the nearest health facility as well as provide their travel history and bring a certificate of health when entering back work.
- Prepare a company preparedness plan for dealing with the disease.
- Coordinate with related parties taking efforts to prevent the spread of COVID-19 at the workplace.
- Circular of the Head of Manpower, Transmigration and Energy Agency of the Province of DKI Jakarta No. 14/SE/2020 on Appeals to Work From Home
Following up on the Instruction of the Governor of the Province of DKI Jakarta Number 16 of 2020 concerning Increased Awareness for the Risk of the Corona Virus Infection Transmission (COVID-19) and based on the development and consideration of the current conditions in the Province of DKI Jakarta, the following matters are hereby conveyed:- It is hoped that the company management can take preventative measures related to the risk of transmission of the Corona Virus Disease (COVID-19) , such as Work From Home.
- These preventive measures can be grouped into 3 categories as follows:
- The company can temporarily stop all of its business activities.
- The company can temporarily reduce some of its business activities (with impact on employees, time and operational facilities).
- The company cannot stop its business activities given its interests directly related to the Health Services, Supplies of Basic Materials and BBM.
- Taking the above policy steps into account involving workers/ laborers and/ or trade unions/ labor unions in the company.
- Report the policy steps taken to the Agency of Manpower, Transmigration and Energy and the Sub-Agency of Manpower, Transmigration and Energy in the 5 (five) Municipalities Administrations of DKI Jakarta and the Thousand Islands Administrative District.
Disclaimer:
In this Regulatory Update we attempt to provide latest information available on the COVID-19 related regulations issued by the Government of Indonesia. Although we make every effort to ensure the accuracy of such information, we cannot guarantee its correctness and completeness.