Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Indonesia (Ratification: 1972)

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. Following up on the comments that it has been formulating for over 30 years, the Committee notes with regret that, as indicated in the Government’s report, workers are not granted compensatory rest for working on their weekly rest day and are only compensated with overtime pay in accordance with section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP-102/MEN/VI/2004 on Overtime Work and Overtime Pay. Although the Government has repeatedly declared in the past its intention to bring the national legislation into conformity with the Convention, no concrete measures have been taken to this effect. In earlier reports, the Government had also indicated that employers are encouraged to include a compensatory rest provision in their company regulation or collective labour agreement but no copies of any such company regulations or collective agreements have been transmitted to the Office. The Committee is obliged to recall that, under Article 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule, irrespective of monetary compensation. The Committee once more urges the Government to take appropriate action without further delay in order to ensure that the national legislation gives full effect to this Article of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]