December 1, 2022

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The Problems of Implementing the Regulation of the Menstrual Leave Act for Women Workers

Polemics in the world of labor have actually been felt by the Indonesian people for a long time, there are many unresolved problems starting from the fulfillment of severance pay, the minimum wage which is sometimes not in accordance with government standards, the application of working hours that are not in line with the laws and regulations and the fulfillment of rights. undervalued leave. Problems like this are common, especially for women workers. Not infrequently discrimination is given to women starting from the limitation of several types of positions that should be filled by women, giving lower salaries to cases of harassment that we often encounter.

From the many problems above, the application of menstrual leave is one type of leave entitlement that is rarely known and even obtained by female workers. Menstruation itself is a regular monthly cycle experienced by almost all women, with different conditions. Among the most common are pain / pain, anemia or lack of blood to discomfort due to lack of emotional stability in women who are menstruating.

These disorders can actually affect the health and psychology of women while doing work, therefore it is important for them to get time off during their menstrual period to recover their condition. Based on a medical survey conducted by YouGov, 90% of female workers experienced menstrual pain, 86% of them said it had an impact on their work and told their superiors the reason, while 22% gave other reasons and 21% chose to remain silent. Menstrual pain in women is very common because of the influence of dysmenorrhea which usually occurs on the first and second day of menstruation.

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Menstrual leave should have been easily obtained because it is clearly regulated in the law, namely in Article 13 paragraph 1 of Law No. 12 of 1948 “female workers may not be required to work on the first and second days of menstruation.” obviously can be done for two days.

However, this regulation is considered to be experiencing a setback with the issuance of a new regulation article 81 paragraph 1 of Law 13 of 2003 which reads “female workers who feel sick during menstruation and notify employers are not obliged to work on the first and second day of menstruation.” Although this article still mentions and does not abolish the right to menstrual leave, there are additional regulations in the form of proof and continued with article 81 paragraph 2 of the 2003 Law which reads, “the implementation of the provisions as referred to in paragraph (1) is regulated in work agreements, company regulations, or collective labor rules.”

This article does not clearly explain the technical and procedure for applying for menstrual leave whether to use a doctor’s certificate as evidence or only to report to superiors. Therefore, the company is obliged to then regulate this in a work agreement, company regulations or collective work agreement (PKB).

We can see together why the regulation of the Menstrual Leave Act has not been running properly because the fully binding law has not clearly regulated the menstrual leave procedure for workers, if the menstrual leave policy is given and returned to company policy as in paragraph two, here is the role of the company. very important.

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There needs to be awareness to then provide fulfillment and guarantee of labor rights here, companies should get strict supervision. In the work agreement, it should also be clearly regulated if the application for leave requires a doctor’s and medical certificate as evidence to support this, this should also not be used as a barrier and complicate the leave application process.

If the company does not provide menstrual leave, the criminal sanctions that will be received previously have been regulated in Article 186 of the Manpower Act which states that the company will be subject to criminal sanctions for a maximum of four months and a maximum of 1 year, can also be fined a minimum of 10 million and a maximum of Rp. a lot of 400 million. The criminal sanctions given here are also considered small and can be a strong reason why menstrual leave is still difficult and unreasonable to apply, there needs to be a regulation that regulates the detention of the company’s work activity permit even if necessary it can reach the stage of revocation of the work permit.

As women, especially workers in Indonesia, there are still many who do not know about the permissibility of applying and the regulations governing the implementation of this menstrual leave, for that reason, it is necessary to intensify education related to this matter, both from the women themselves or the companies that provide information first. Menstrual leave itself is not a deviation from the concept of gender equality by providing different treatment and can be considered special for women. However, this regulation actually supports women to be able to develop their abilities to the fullest in the world of work because they feel they have a supportive conducive environment.

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For self-employment wages if someone takes menstrual leave, female workers still get full wages in accordance with the provisions of the Manpower Law 13/2003 article 93 paragraph (2) which reads, “employers are obliged to pay wages if female workers/laborers are sick on the first day of work. and the two periods of menstruation so that he cannot do work.” In response to this, the company may provide a policy in the form of: work form home to female workers during the period of menstrual leave, in accordance with the agreement and work contract that was previously agreed upon.