Provisions on Working Hours During Ramadan for Private and ASN Employees in 2023

PERTANYAAN

I would like to ask about the working hours during Ramadan (fasting) or on other religious days, are the working hours still the same which is 8 hours/day or 40 hours/week? And please provide the legal basis for the regulation.

INTISARI JAWABAN

In essence, for private employees, there are no provisions under the Manpower Law a.k.a Law 13/2003 that explicitly address the difference between working hours during the month of Ramadan or other religious days with other regular days. However, this matter is usually set out in a Decree of the Board of Directors of the company in question.

Meanwhile, the working hours of government employees during the month of Ramadan may be further determined by the Heads of the respective Central and Regional Government Agencies by adjusting the local situation or by using the Circular of the Minister of State Apparatus Empowerment and Bureaucracy Reform 6/2023.

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Ketentuan Jam Kerja Selama Ramadan bagi Karyawan Swasta dan ASN Tahun 2023 written by Tri Jata Ayu Pramesti, S.H., and was published on Friday, 24 March 2023.

This article below is a second update of the article entitled Provisions on Working Hours During the Month of Ramadan (Ketentuan Jam Kerja Selama Bulan Ramadan), which was first published on 30 April 2019, and first updated on Friday, 1 April 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Working hours during Ramadan is a question that is most frequently asked every year. The reason is, the desire to be able to go home early and break the fast (iftar) with their beloved family is certainly the hope of many people. However, is there really a difference between regular working hours and the provisions on working hours during Ramadan?

Working Hours According to the Law

Regarding working hours, for private workers, basically, there are no provisions that explicitly regulate the difference between working hours during the month of Ramadan or other religious days with other normal days.

The working hours of employees are regulated under the laws and regulations, namely:[1]

1. 7 (seven) hours in 1 (one) day and 40 (forty) hours in 1 (one) week for 6 (six) business days in 1 (one) week; or
2. 8 (eight) hours in 1 (one) day and 40 (forty) hours in 1 (one) week for 5 (five) business days in 1 (one) week.

Obligations of Employers in relation to the Worship/ Praying Time of Workers

Although the rules for working hours during Ramadan do not apply to private employees, in principle, workers' rights to worship or pray must still be fulfilled. This is in accordance with the provisions of Article 80 Law 13/2003 that stipulates entrepreneurs are under an obligation to provide workers with adequate opportunity to perform their religious obligations.

"Adequate opportunity" means providing a place for worship/praying that allows workers/laborers to perform their worship properly, in accordance with the company's conditions and capabilities.[2]

ASN Working Hours During the Month of Ramadan

Although not regulated under the Manpower Law a.k.a Law 13/2003, specifically for State Civil Apparatus (Aparatur Sipil Negara/ “ASN”), the Indonesian National Armed Forces (Tentara Nasional Indonesia/ “TNI”) and the Indonesian National Police (Kepolisian Negara Republik Indonesia/ “Polri”), working hours during the fasting month are regulated under Circular of the Minister of State Apparatus Empowerment and Bureaucracy Reform 6/2023.

The working hours of ASN during the fasting month for 2023 or Ramadan 1444 Hijri are as follows.

1. For Government Agencies which implement 5 (five) business days:

1. Monday to Thursday: 08.00–15.00 with a break from 12.00–12.30.
2. Friday: 8.00–15.30 with a break from 11.30–12.30.

 

2. For Government Agencies that implement 6 (six) business days:

1. Monday to Thursday, and Saturday: 08.00–14.00 with break time 12.00–12.30.
2. Friday: 8.00–14.00 with a break from 11.30–12.30.

 

3. The number of effective working hours for Central and Regional Government Agencies that implement five or six business days during Ramadan, shall be at least 32.5 hours per week.

The provisions on ASN working hours during the fasting month or rules for working hours during Ramadan shall apply to all state ASN. Both the ASN who work in the office as well as the ASN who work from home.

Practices of Working Hours During Ramadan in Private Companies

As already mentioned, there are no specific rules relating to working hours during Ramadan for private employees. However, in practice, not a few companies have issued special policies in determining the working hours of Ramadan 2023.

These special policies can take the form of implementing work from home, cutting off rest periods, early entry-hour shifts, and up to shortened working hours. These policies were implemented with the consideration that workers who fast need time to travel home and prepare iftar.

So, basically for private workers, there are no provisions regarding working hours during the month of Ramadan under the Manpower Law. However, this matter is usually set out in a Decree of the Board of Directors of the company in question. Meanwhile, the working hours during the month of Ramadan for government employees may be further determined by the Heads of the respective Central and Regional Government Agencies by adjusting the local situation and conditions or by using the Circular of the Minister of State Apparatus Empowerment and Bureaucracy Reform 6/2023.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 13 of 2003 on Manpower;
2. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation;
3. Circular of the Minister of State Apparatus Empowerment and Bureaucracy Reform Number 6 of 2023 on Working Hours of State Civil Apparatus during the Month of Ramadan 1444 Hijri in Government Agencies.

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[1] Article 81 number 23 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation (“Perppu 2/2022”) that amended Article 77 section (2) Law Number 13 of 2003 on Manpower (“Law 13/2003”).

[2] Elucidation to Article 80 Law 13/2003.