Being sick is something that everyone doesn't want to be. If we're sick, we cannot do our daily activities like going to school or going to work. For some employees, being sick can mean having their salary cut off.
Yes, there are some workers experiencing that event. Their salaries will be cut off just because they're sick. But do you know that if your boss tells you something like that, then you can tell them they don't have any right to do so. Why? because it's illegal to do that.
No Work, No Pay Principle
In terms of employment law, the Manpower Law (UU Ketenagakerjaan) has governed the fundamental principle of managing the interaction between employers and employees, known as the "no work, no pay" principle, which states that salaries are not paid if employees do not perform any job.
But in Article 93 Paragraph (2) of the Manpower Law, it is stated that there are some exceptions to the "no labor, no pay" principle. One of them is if an employee is sick.
Ketentuan sebagaimana dimaksud dalam ayat (1) tidak berlaku, dan pengusaha wajib membayar upah apabila:
pekerja/buruh sakit sehingga tidak dapat melakukan pekerjaan;
pekerja/buruh perempuan yang sakit pada hari pertama dan kedua masa haidnya sehingga tidak dapat melakukan pekerjaan;
.....
Legal Reasons Used to Cut Your Salary Off
There are several legal reasons for a salary cut-off, as mentioned in article 63 paragraph (1) of Government Regulation Number 36 of 2021 about Wages (PP Pengupahan).
- denda;
- ganti rugi;
- uang muka upah;
- sewa rumah dan/atau sewa barang milik perusahaan yang disewakan oleh pengusaha kepada pekerja/buruh;
- utang atau cicilan utang pekerja/buruh; dan/atau
- kelebihan pembayaran upah.
So it's clear that your boss cannot cut your salary just because you're sick. It's not a legal thing to do according to some regulations mentioned before. But, you have to remember that even though you're actually sick, you have to get a medical letter from your doctor as proof.
What If You Get Your Medical Letter Through Online Consultation?
