In the business world, many companies choose to hire daily workers because of the flexibility and cost efficiency it offers.
Although these workers are not bound by an Indefinite Time Work Agreement (PKWTT), it is important for companies to pay attention to their rights and welfare.
Daily workers contribute significantly to a company’s operations and productivity, so proper regulation of wages and legal protection is crucial.
Then, what exactly are the wage provisions for these daily workers? Is there a law that regulates this?
Overview of Day Laborers
Employees or day laborers are workers who work in a company to carry out a certain type of work that changes, both in terms of the period of work and the continuation of work.
As a form of remuneration, daily workers receive a wage based on their daily attendance.
Generally, companies recruit daily workers when there is a special project. Examples of daily workers are packing officers who are recruited when sales increase, or event crews as organizers of certain events.
Even so, companies must comply with regulations in recruiting daily workers. According to Article 10 of Government Regulation No. 35/2021 on PKWT, companies stipulate that the working period of employees and daily laborers is less than 21 days in a month.
This means that if you work 21 days or more a month for a period of three consecutive months, the company is obliged to change the working relationship to an Indefinite Time Work Agreement (PKWTT). Then, your status as a freelancer will change to a permanent employee.
Differences between Day Laborers and Freelancers
Because of the terms of the work agreement, many people then equate daily workers with freelancers. In fact, the two are quite different, you know.
Daily workers are required to follow the company’s policies, from working hours, tardiness rules, and more.
Meanwhile, freelancers don’t have to do this because they don’t have the same job attachment.
The wage payment system is the main differentiator. Companies pay daily workers on a daily basis, while clients pay freelancers according to their work output.
Then, how is the wage of daily workers calculated?
In principle, companies set wages based on: Units of time, which are determined by:
- Hourly;
- Daily; or
- Monthly
- Unit of result.
Therefore, if a company employs daily workers on a daily basis, then the company can set wages on a daily basis. The rules regarding the calculation of daily wages are regulated in Article 17 of the Wage Regulation as follows: For companies that implement a six-day work week, the company divides the monthly wage by 25; or
Regarding the monthly wage, which is the basis for calculating the daily wage, it cannot be lower than the minimum wage. This is because Article 23 paragraph (3) of the Wage Regulation emphasizes that employers may not pay wages lower than the minimum wage.
Daily Worker Wage Calculation Example
Take Andi, a daily worker at PT Maju Bersama, a company located in Jakarta. The company has a six-day work week, which means Andi works from Monday to Saturday.
With the Jakarta UMP of Rp5,067,381, Andi’s daily wage calculation is:
Daily Wage = UMP: 25
Daily Wage = 5,067,381 : 25 = IDR 202,695
So, Andi’s daily wage at PT Maju Bersama is around Rp202,695.
KH Contact
Companies should include daily worker wage arrangements in employment agreements to ensure compliance with applicable legal provisions.
By drafting a clear employment agreement, companies can protect workers’ rights and minimize legal risks in the future.
For assistance in creating a suitable employment agreement, KH Buddy can contact Kontrak Hukum.
We provide services for making employment agreements, from PKWT, PKWTT, freelance, to company regulations in just 3 days!
Our team is ready to provide consultation and ensure the agreement meets all legal requirements.
Come on, what are you waiting for? Immediately visit the page KH Services – Employment Contracts.
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