By: Made Prawira) *
The inauguration of the Job Creation Law brought a cool breeze for workers. The reason is, even though they finally had to be sent home, they still got severance pay. Former workers are also guaranteed job loss . So that they can survive and not be frustrated because they become unemployed.
When the Job Creation Law was enacted, the strongest protests came from workers, both white and blue collar. Those who demonstrated did not really understand what the essence of the Job Creation Law was. Because this law actually makes workers prosperous with the UMP standard salary. Even when they are sent home, they are guaranteed to lose their jobs, in addition to severance pay.
In the Job Creation Law, severance pay is given according to the duration of work. If an employee who is dismissed works for a period of 1 year to 23 months, then the severance pay is 2 months of salary, and so on. The calculation of this severance pay is considered fair enough, because the amount corresponds to the tenure of an employee .
There is a guarantee of 100% severance pay, under the Job Creation Law. M Harun, an academic from UIN Walisongo Semarang, stated that if there are rogue businessmen who do not give severance pay, they will be threatened with criminal sanctions. The penalty is 1-4 years imprisonment or a maximum fine of 400 million rupiah. This refers to article 156 paragraph 2 in the Job Creation Law.
With this threat of punishment, employers who are about to fire their workers have to pay severance pay. Because it’s no secret, there are bad people who don’t want to give severance pay at all. Or simply giving pocket money whose nominal value is not in accordance with government regulations.
When employers have to pay severance pay, they have to think twice about firing their employees arbitrarily. Sometimes there are other people who lay off employees, just for subjective reasons or get carried away with emotions. Even though the performance has been good so far. The boss also cannot fire an employee if he asks for sick leave or has a work accident.
Apart from severance pay, former employees are also entitled to receive job loss benefits (JKP). This guarantee is a new breakthrough from President Jokowi, because he does not only provide funds of up to 6 months of salary. But it also guarantees new jobs, which will be channeled through the job market. So that they will quickly get a new job.
Job loss benefits also provide training to upgrade the skills of the unemployed. So that when they have not gotten a new job, will have a capital of Beru pa skill . They will be transformed into entrepreneurs, because they have the initial capital from severance pay and the skills they get from JKP training. The training can be in the fields of IT, culinary, and others.
Fadjar Wisnuwardhani, Principal Expert of the Deputy III of the Presidential Staff Office, stated that job loss guarantees will be regulated through BPJS Ketenagakerjaan. The sources of JKP funds are from the government, social security contributions, and BPJS Ketenagakerjaan funds. In that sense, all workers are obliged to have BPJS Ketenagakerjaan , because the benefits are felt until they are laid off.
In the Job Creation Law it is clear that every worker’s right, even until he is sent home, will be paid by the employer. He will still get severance pay in accordance with the work dura , and this has hit a hoax that the government will remove severance pay rights in this law. JKP is also a helper because it provides training and information on job vacancies.
That way, it has been proven that the Job Creation Law is not only beneficial for entrepreneurs, but also for workers. Because the right to severance pay is still given, plus JKP. The government is trying to be fair so that every citizen can benefit from this law, including workers who have just been sent home by the company.
) * The author is a contributor to the Cikini Press Circle and Students