Employers must provide a written instruction to work overtime and must obtain the written consent of the worker. Employers should make a list of implementation of overtime work that includes:
- The names of workers who are willing to work overtime;
- amount of overtime hours to be performed;
- amount of overtime hours that have been performed;
- Signature of employers and workers concerned.
Overtime should not exceed 3 hours per day or 14 hours per week, but these time restrictions on overtime work do not include overtime work performed on a weekly rest day or a public holiday. Employers must pay the correct overtime rates.
Work on public holidays is permissible when the work is of such a nature that it must be performed continuously, or it has been agreed to by the employer and worker.
LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003, ARTS. 78, 85 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 78, 85];
MOMT DECREE OVERTIME HOURS AND OVERTIME WAGES NO. KEP.102/MEN/VI/2004 [KEPUTUSAN MENAKERTRANS TENTANG WAKTU KERJA LEMBUR DAN UPAH KERJA LEMBUR NO. KEP.102/MEN/VI/2004].
