Garment: Annual Leave & Weekly Rest Day

Annual and Paid Leave in Garment

What is annual leave?

Annual leave is paid time off work granted by employers to employees to be used for whatever the employee wishes

Are garment workers entitled to annual leave?

According to article 79 of the Labour Law, employers must give time off and leave to workers. The article also states that annual leave be given at least 12 (twelve) working days and it is given to the workers who have worked for twelve (12) months continuously.

When can the garment workers take their annual leave?

Right to annual leave can be taken after the worker has worked for 12 months continuously. So it was concluded that new workers can enjoy their annual leave entitlements in the 13th month after they started working.

Garment factories/companies can also regulate annual leave differently as long as it does not violate the rights of workers (not less than 12 working days in one year)."

What is collective leave?

Collective leave is part of annual leave that is done collectively based on Governement instructions to extend holidays that fall in the weekend

Are collective leaves set up by government also classified as annual leave?

The Circular Letter of the Minister of Manpower and Transmigration on Implementation of collective leaves in the Private Sector (SE Menaker) explains that collective leave is part of annual leave carried together (in mass).

Can employers employ their workers during collective leave?

Yes. they can, however it has to be with workers consent. For workers who do not want to take their collective leave and choose to work on national holidays and collective leave set up by the government, their annual leave rights will not reduced and it will be treated as a normal working day. On the other hand, if the workers take the collective leave, then their annual leave will be reduced accordingly.

Do the employers have to pay overtime if workers work during collective leave?

Can garment workers take sudden annual leaves?

In article 79 paragraph (3) of the Labour Law, it is stipulated that the arrangements of annual leave may be regulated under employment contracts, company regulations, or the collective bargaining agreement (CBA). This means whether the annual leave may be taken in impromptu or not, depends on employment contracts, company regulations, or CBA where workers are working.

For a company that has a lot of workers, perhaps the production will continue to run well when there are workers taking sudden annual leaves. However, when there is only a limited number of employees, the company would have to organize annual leave so that the production process is not disrupted and can keep running. So, leave arrangements depend on the circumstances of each individual garment factory.

Are employers obliged to give compensation if their workers do not take their entire annual leave?

There is no provision in the Labour Law that regulates the compensation (in money form) as a replacement of annual leave that is not taken by workers (either partially or completely). It means that if workers have been given the opportunity to take annual leave and there was no agreement to reduce the leave, then if it is not taken, workers will lose the remainder of their annual leave.

Can workers get compensation of annual leave replacement in the case of work termination/layoffs?

Labor Law stipulates compensation or reimbursement of annual leave (in money form) is eligible for workers who are layoffs and have had a working period of at least 6 months after the onset of annual leave entitlements. If eligible, the worker is entitled to compensation for annual leave, which is part of the compensation pay amounting to their full wages on weekdays.

Does a garment worker who marries get paid leave? How many days?

Article 93 paragraph 4 of the Labor Law states that workers are entitled to paid leave (unable to attend due to important reasons) and still be paid in full. Reason for leave include:

Worker’s marriage : 3 days
Marriage of worker’s child : 2 days
Son’s circumcision : 2 days
Child’s baptism : 2 days
Wife gives birth or has a miscarriage : 2 days
Death of worker’s spouse, child, child-in-law, parents or parents-in-law : 2 days
Member of worker’s household dies: 1 day

National Holidays and Weekly Rest Day in Garment

How many national holidays are there for garment workers?

The government will typically issue a Joint Decree of The Minister of Religious Affairs, Minister of Manpower and Minister of State Apparatus Empowerment and Bureaucratic on National Holidays and Collective Leaves annually.

National holidays consist of:

• New Year's Day
• Chinese New Year
• Day of Silence
• Good Friday
• Labour Day
• Ascension of Jesus Christ
• Ascension of the Prophet
• Buddha's Birthday
• Eid al-Fitr
• Independence Day
• Feast of the Sacrifice
• Islamic New Year
• Birth of the Prophet
• Christmas

Can the employer order their employees to work on a national holiday?

Based on article 85 of the Labour Law, workers are not required to work on national/public holidays. However, for types and nature of work that must be performed uninterruptedly, the workers can be obliged to work, and should carry out the work on national holidays. If there is an emergency work which must be addressed to meet specific production targets, then a garment factory may order workers to keep working on a national holiday if they received an agreement/consent from the workers. If they have the consent, then the company can employ its workers on national holidays and must pay overtime wages.

Is a weekly rest day is always on Saturday and/or Sunday? Can employers establish a weekly rest day on another day?

Basically, the employer is required to provide weekly rest periods to its employees, 1 (one) day for six (6) working days within 1 (one) week or two (2) days for five (5) working days within 1 (one) week. Labor Law does not regulate in detail when the weekly rest day should take place, therefore it could be on any day.

What can be done by workers whose company is violating regulation on annual leave?

If a company is violating regulation on annual leave, a worker can take action as follows:

• negotiate with the company about he violation. If the negotiation is not successful the worker can take the matter to tripartite level, involving mediation from the local manpower office. 
• report the problem directly to the labor inspector who is available in the manpower office at the Provincial level.