Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Legislative developments. The Committee notes the Governments’ indication in its report that the Decree of the Minister of Manpower and Transmigration No. KEP 102/MEN/VI/2004 on Overtime Work and Overtime Pay has been revoked through the Minister of Manpower Regulation No. 23 of 2021 and that this revocation was implemented as a result of the enactment of Law No. 11 of 2020 on Job Creation and its implementing regulations, which modernized Indonesia’s labour laws. The Government also indicates that the current legal framework regulating working hours and rest periods is Law No. 13 of 2003 on Manpower, as amended by Law No. 6 of 2023.

Article 8(1) and (3). Temporary exemptions from the normal weekly rest. Compensatory rest. Further to its previous comments, the Committee notes the Government’s indication that section 79, paragraph 2 of Law No. 13 as amended by Law No. 6 of 2023 provides that employers must grant a minimum of 1 day of rest per week for a 6-day workweek and that this rest period provision is non-negotiable and applies to all employees, even under collective labour agreements. The Committee also notes that section 78 of Law No. 13 as amended in 2023 provides that: (i) employers are allowed to engage workers in excess of the statutory normal hours referred to in Article 77(2) (7 hours per day and 40 hours per week in a 6 days-week or 8 hours per day and 40 per week in a 5 days-week) provided that the workers agree and that overtime hours do not exceed 4 hours per day and 18 hours per week (section 78(1)); (ii) the above provisions on overtime working hours do not apply to certain business sectors or jobs (section 78(3)); and (iii) in case of overtime, employers are required to pay overtime wages (section 78(2)). In this respect, the Committee observes that the above-mentioned section does not specify whether the overtime hours could fall within the weekly rest period, does not indicate the circumstances under which overtime during weekly rest may be used, and does not provide that the hours worked during this period are compensated with time off, independently of any financial compensation. The Committee requests the Government to take the necessary measures both in law and in practice to ensure that resort to overtime work during workers’ weekly rest period is limited to the circumstances foreseen in Article 8(1) of the Convention and that in case workers are requested to work during their weekly rest periods, they are granted compensatory rest proportional to the time worked, as required in Article 8(3) of the Convention.