By: Alfisyah Kumalasari) *
The government has initiated a legal product capable of summarizing regulations. The policy is believed to protect workers who are victims of layoffs.
The Job Creation Law (UU Ciptaker) provides guarantees that victims of termination of employment or layoffs will get benefits, namely cash, access to job information and job training. So it is hoped that the laid-off victims can still get income wells.
This means that there is a Job Loss Guarantee program, where the Ciptaker Law is a benefit in the form of increased competence or up-skilling, as well as access to new jobs.
This job loss security article is written in article 46A of the Job Creation Law which revises Law Number 40 of 2004 concerning the National Social Security System (SJSN).
In the same article, it is stated that the Job Loss Security program will be managed by the Employment Social Security Administration (BPJS).
In the early stages, JKP funding sources came from the state budget, aka the government. Furthermore, the source of the JKP contribution will rely on the recomposition of the social security program contributions and the BPJS Ketenagakerjaan operational funds.
BPJS Ketenagakerjaan or BP Jamsostek currently runs 4 social security programs, namely work accident insurance (JKK), life insurance (JKM), old age security (JHT) and pension security (JP).
With additional JKP, of course it is hoped that the technical derivative regulations and implementation instructions will come out and it appears that workers or laborers must allocate funds for the JKP program if they are laid off.
Timboel Siregar as the Advocacy Coordinator of BPJS Watch said that the JKP was regulated in articles 46A, 46B, 46C, 46D and 46E. This is a new social security that is integrated with the other five social security.
This guarantee provides benefits in the form of cash to victims of layoffs. Where there is a compensation of 6 months that will be covered where the provisions will be regulated by the PP.
In the midst of the Covid-19 pandemic, of course an inevitable mass layoff, this is because the Covid-19 pandemic has made all economic nodes stop completely and impacted on an economic slowdown.
The Job Creation Law stipulates that every contract worker in the event of termination of employment will be given full compensation. Meanwhile, permanent employees will be given severance pay and that too must be given in full.
The Job Creation Law is arguably the umbrella law. In its application, it still requires derivative regulations ranging from Government Regulations to Ministerial Regulations. Of course it is very unfortunate if there are parties who do not understand the substance of the Job Creation Law as a whole. Moreover, the explanation that has been circulating in the community is tinged with hoaxes and disinformation which can ignite people’s emotions.
On a different occasion, the Minister of Manpower (Menaker) Ida Fauziyah explained that in the Omnibus Law of the Job Creation Law, there are rules that explicitly explain that the government will provide social security in the form of cash and job opportunities.
Therefore, the job loss guarantee program (JKP) has also been added to the Job Creation Law in the labor cluster. This law provides certainty that the workers / laborers receive the right to severance pay with a scheme in addition to the severance pay provided by employers.
Most importantly, when workers are laid off, the workers will be directed to get work skills training so that later the workers can easily get new jobs. Then, in terms of protecting workers or laborers who are facing the process of termination of employment, the Job Creation Law still regulates the terms and conditions of layoffs.
The Job Creation Law also provides space for trade unions or labor unions to fight for the interests of their members who are undergoing the dismissal process.
In addition, Ida also emphasized that the Job Creation Law also clarifies wage arrangements for workers or laborers during layoffs and is still in the process to the industrial relations level until a court decision has permanent legal force.
According to him, this is in accordance with the provisions of the Constitutional Court in 2011. When there is a layoff process, the worker or worker still gets wages. This provision is also emphasized in the work copyright law. For this reason, it is clear that the Job Creation Law is a regulation that becomes a safety net for workers if they are affected by layoffs.
) * The author is a contributor to the Cikini Press Circle and Students
