The differences between Job Creation Law No.11 of 2020 and Government Regulation in lieu of Law No.
2 of 2022
Law Article Law 13 of 2003
64 Employer can hand over part of the execution
of work to other Employer under a written
agreement of contract of work or a written
agreement for the provision of worker/labour.
67 1. Employer who employs disabled workers
are under an obligation to provide
protection to the workers in accordance
with the type and severity of their
disability.
2. The protection for disabled workers as
mentioned under subsection (1) shall be
administered in accordance with prevailing
laws and regulations.
79 1. Employer are under an obligation to allow
their workers/ labourers to take a rest and
leave.
2. The period of rest and leave as mentioned
under subsection (1) shall include:
a. The period of rest between working
hours at least half an hour after
working for 4 (four) hours
consecutively and this period of rest
shall not be inclusive of working hours;
b. The weekly period of rest is 1 (one)
day after 6 (six) workdays in a week or
2 (two) days after 5 (five) workdays in
a week;
Law No.11 of 2020
Delated
Referred to the previous Law 13 of 2003
Referred to the previous Law 13 of 2003
GR No.2 of 2022
1. Employer can hand over part of the execution
of work to other Employer through an
outsourcing agreement made in writing.
2. The government determines part of the
implementation of the work referred to in
paragraph (1).
3. Further provisions regarding the
determination of part of the work
implementation as referred to in paragraph
(2) are regulated in a Government Regulation
1. Employer who employs workers with
disabilities are under an obligation to provide
protection in accordance with the type and
degree of disability.
2. No changes referring to the Law 13 of 2003
1. Employer are under an obligation to allow
their workers/ labourers to:
a. Take a rest and
b. Leave.
2. The period of rest and leave as mentioned
under subsection (1) letter a shall be given to
the workers/laborers at minimum includes:
a. No changes referring to the Law 13 of
2003
b. The weekly period of rest is 1 (one) day
after 6 (six) workdays in a week;
3. The leave as referred to in subsection (1)
letter b that shall be given to
workers/Laborers it is annual leave, at least
 c. The yearly period of rest is 12 (twelve) 12 (twelve) workdays after the
workdays after the worker/labourer worker/labourer works for 12 (twelve)
works for 12 (twelve) months months consecutively;
consecutively; and 4. The implementation of annual leave as
d. A long period of rest of no less than 2 mentioned in subsection (3) shall be
(two) months, which shall be awarded regulated in work agreement, company
in the seventh and eighth year of work regulation or collective Labour Agreement.
each for a period of 1 (one) month to 5. In addition to rest period and leave as
workers/ labourers who have been referred to subsection (1), subsection (2), and
working for 6 (six) years consecutively subsection (3) for certain Employer may
at the same enterprise on the provide long breaks as stipulated in work
condition that the said workers/ agreement, company regulation or collective
labourers will no longer be entitled to labour agreement.
their annual period of rest in 2 (two) Further provisions regarding specific Employer as
current years. This provision shall referred to in subsection (5) will be regulated in
henceforth be applicable every 6 (six) government regulation.
years of work.
3. The application of the provision
concerning the period of rest as
mentioned under point c of subsection (2)
shall be regulated in a work agreement,
the company regulations or the collective
labour agreement.
4. The provisions concerning the long period
of rest as mentioned under point d of
subsection (2) only apply to
workers/labourers who work in certain
Employer.
5. The certain Employer as mentioned under
subsection (4) shall be regulated with a
Ministerial Decision
84 Every worker/ labourer who uses his/her right Referred to the previous Law 13 of 2003 Every worker/ labourer who uses his/her right to
to take the period of rest as specified in Article take the period of rest as specified in Article 79 of
79 of subsection (2) points b, c and d, Article subsection (2) points b, subsection (3), subsection
80 and Article 82 shall receive her wages in (5), Article 80 and Article 82 shall receive her
full. wages in full.
 - Weekly break
- Annual leave
- Long break
- Religious worship
- Maternity and miscarriage leave
88C 1. The governor is obliged to determine the
provincial minimum Wage.
2. Governors can set district/city minimum
wages under certain conditions
3. The minimum wage as referred to in
subsection (1) and subsection (2) is
determined based on economic conditions
and employment
4. Certain requirements as referred to in
subsection (2) include regional economic
growth or inflation in the district/city
concerned
5. The district/city minimum wage as referred to
in subsection (2) must be higher than the
provincial minimum wage
6. Economic and employment conditions as
referred to in subsection (3) use data which
sourced from institutions that are assessed in
the statistics field.
7. Further provisions regarding procedures. the
determination of the minimum Wage as
referred to in subsection (3) and certain
conditions as referred to in subsection (4) are
regulated in a Government Regulation
88D 1. The minimum wage as referred to in Article
88C paragraph (1) and paragraph (2) is
calculated using the minimum wage
calculation formula.
2. The formula for calculating the minimum
Wage as referred to in paragraph (1) contains
the variable economic growth, or inflation
- Weekly break
- Annual leave
- Long break
- Religious worship
- Maternity and miscarriage leave
1. No changes referring to the Law 11 of 2020
point 1
2. Governors can set district/city minimum
Wage.
3. Determination of district/city minimum Wage
as referred to in subsection (2) is carried out
in the event that the result of district/city
minimum Wage calculation is higher than
provincial minimum Wage.
4. No changes referring to the Law 11 of 2020
point 3
5. No changes referring to the Law 11 of 2020
point 6.
6. In the event of regency/municipality does not
yet have a minimum Wage and will determine
a minimum Wage, the determination of the
minimum Wage must meet certain
requirements.
7. Further provisions regarding procedures. the
determination of the minimum Wage as
referred to in subsection (4) and certain
conditions as referred to in subsection (6) are
regulated in a Government Regulation.
1. No changes referring to the Law 11 of 2020
point 1.
2. The formula for calculating the minimum
Wage as referred to in paragraph (1) takes
into account the variables of economic
growth, inflation and certain indices
3. Further provisions regarding the minimum
 Further provisions regarding the formula for Wage calculation formula are regulated in a
calculating the minimum Wage are regulated in a Government Regulation
Government Regulation
88F In certain circumstances the Government may
stipulate a formula for calculating a minimum
Wage that is different from the formula for
calculating the minimum Wage as referred to in
Article 88D paragraph (2)
92 1. Employer shall formulate the structure and 1. Employer are required to develop the 1. Employer are required to develop the
scales of wages by taking into account the structure and scale of Wages in the Company structure and scale of Wages in the Company
functional and structural positions and by taking into account the Company's by taking into account the Company's
ranks, the occupation, years of work, capabilities and productivity. capabilities and productivity.
education and competence of the worker/ 2. The structure and scale of Wages is used as a 2. The structure and scale of wages are used as a
labourer. guideline for Employers in determining Wage guideline for employers in determining wages
2. Entrepreneurs shall review their workers/ 3. Further provisions regarding the structure and for workers/laborers who have worked for 1
labourers’ wages periodically by taking scale of Wages are regulated in a Government (one) year or more.
into account their enterprise’s financial Regulation. 3. Further provisions regarding the structure and
ability and productivity. scale of Wage are regulated in a Government
3. Rulings concerning the structure and Regulation.
scales of wages as referred to under
subsection (1) shall be determined and
specified with a Ministerial Decision.