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Omnibus bill on job creation: 1,028 pages in 10 minutes (Part II)
In addition to the relaxation of environment standards, the revocation of building permits and several other steps to improve the ease of doing business in the country, a draft law on job creation proposes a major reform in the government’s labor policy
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span>In addition to the relaxation of environment standards, the revocation of building permits and several other steps to improve the ease of doing business in the country, a draft law on job creation proposes a major reform in the government’s labor policy.
Overall rights for severance payments, beyond basic allowances, are either set to be reduced or scrapped completely, even though the calculation for basic severance pay remains unchanged.
Rigid calculations on rights for severance payments, payments for recognition of length of service (UPMK) and compensation for rights (UPH) that are differentiated based on reasons for the layoff, as stipulated in Articles 161 to 172 in the prevailing Law No. 13/2003 on manpower, are all going to be scrapped. Instead, the omnibus bill on job creation only requires employers to make severance payments and the UPMK according to the employees’ length of service.
Expatriates will be allowed to work in more functions than only diplomatic affairs, as stipulated in Article 42 of the Manpower Law. In the omnibus bill, foreign workers will be allowed to work in Indonesia without a permit in positions that range from members of boards of directors and commissioners, and diplomatic or consular staff, to researchers and emergency engineers. Foreign workers in start-ups will also be exempted from work-permit requirements.
Outsourcing requirements are to be significantly relaxed under the omnibus bill, as Article 66 of the Manpower Law that prohibits outsourced employees from undertaking more than a core task in a company is to be revised. The omnibus bill will open the possibility for outsourcing institutions to hire workers for various tasks, including freelance and full-time workers.
Further, labor-intensive industries will not have to adhere to regional minimum wages and the governors of respective provinces may use different formulas in their calculations. More details will be covered in a separate government regulation (PP), according to the draft bill. Micro and small businesses are exempted from minimum-wage stipulations but must pay their workers above the poverty line rate.
The prevailing Article 93 that stipulates workers’ rights for paid leave under certain circumstances has been deleted from the omnibus bill. The circumstances currently covered include paid leave of three days when workers get married, two days when their children are circumcised or baptized or get married, or when their wives are in labor or undergoing an abortion. Workers whose family members pass away get one to two days’ unpaid leave in the current regulation.
The omnibus bill revokes Article 159 that allows workers to file a lawsuit in an industrial relations court or agency if they want to challenge the reasoning behind the decision to lay them off.
A new social safety net mechanism has been added to the omnibus bill, called the social security program for laid-off workers and managed by the Social Security Management (BPJS), so long as workers or their employers pay the premiums. This will be on top of existing programs that cover health, work-related accidents, pensions, old age and life insurance.
The government is also set to introduce a new one-off bonus mechanism in the omnibus bill, requiring medium and large companies to pay an immediate salary bonus depending on the workers’ length of service in their companies. Termed a “sweetener”, the bonus is a one-off payment within one year after the omnibus law becomes effective.
Stronger central government
The central government can change prevailing laws for the sake of acceleration of job creation through a PP and may consult with the House of Representatives in doing so, according to Article 170 of the omnibus bill.
New stipulations in the omnibus bill may also empower the Halal Certification Agency (BPJPH) that operates under the Religious Affairs Ministry, to issue halal certificates for consumer products. Article 1 of Law 33/2014 on halal products guarantees currently stipulates that halal certification be based on guidance from the Indonesian Ulema Council (MUI).
However, according to the amended Article 7 of the law, the BPJPH broadens partnerships for halal certification to registered Muslim mass organizations, on top of potential partnerships with related ministries or agencies, halal product guarantors (LPH) and the MUI, as stipulated in the prevailing law.
Sovereign wealth fund
Chapter 10 on central government investment and the ease of national strategic projects mandates the establishment of a “special authority” agency led by the finance minister, a vehicle that President Joko "Jokowi" Widodo has described as a sovereign wealth fund.
The finance minister through the agency, to be called the Investment Management Agency, can invest in financial instruments, manage assets for investment, partner with trust funds, determine investment partners, give and accept loans and manage all assets, according to Article 146 of the omnibus bill.
The agency can partner with third party entities in managing assets, forming joint ventures or other partnership models, according to Article 150. The finance minister will lead the board of directors and the state-owned enterprises minister will act as a member of the board, Article 157 stipulates. The Investment Management Agency will also be led by five commissioners, three from a professional background, one from the Finance Ministry and another from the State-Owned Enterprises (SOEs) Ministry, according to Article 158.
Weaker regional government role
Regional governments’ role in business licensing will be weakened, if not scrapped completely for several types of licenses, according to amendments and new stipulations in the omnibus bill.
Article 350 (4) of Law 23/2014 on regional government has been amended to require regional governments’ business licensing services to use electronic licensing systems that will be managed by and streamlined to the central government. There is no such rigid requirement in the existing law. Punishment for failure to streamline regional business licensing with the central government would result in the central government taking over regional governments’ business licensing functions.
Further, revocation of local regulations — at the provincial, governor, regency or city administration level — that contradict prevailing and higher laws and regulations can be done through a presidential regulation (Perpres), based on the omnibus bill. Article 251 of the Regional Government Law, meanwhile, only allows for revocation of province- and governor-level regulations by the governor as representative of the central government.
Punishment for violating the amended Article 251 will result in an administrative sanction and delay in evaluation of draft regional regulations. The sanction of stopping budget transfers will be imposed on regional governments that still impose regional taxes or levies, which have been revoked by the president, according to Article 252 of the omnibus bill.
Other amendments that would weaken the Regional Government Law include revisions to Law 32/2009 on environmental protection and management, which will allow the central government to take over environment-related licenses from regional governments, including Environmental Impact Analysis (Amdal).
