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Legal expert says ride-hailing workers excluded from Eid bonuses

Jakarta Globe - March 26, 2024

Harso Kurniawan, Jakarta – The Ministry of Manpower is urging for ride-hailing and logistics courier companies to grant Eid bonuses (THR) to their employees in 2024. However, Legal consultant Azka Hanani expressed concern that the Ministry's statement on drivers' eligibility for THR might spark future controversies.

While these motorcycle taxi drivers and logistics couriers are typically considered partners, the Ministry asserts that they are eligible for Eid bonuses as fixed-term workers (PKWT). However, it remains optional for companies to extend this benefit.

Online motorcycle taxi drivers usually do not receive Eid bonuses, which are typically equivalent to one month's basic salary and are given in full a week before Eid. Determining the bonus amount poses a challenge for companies like Gojek, Grab, and Maxim because their workers do not have a basic monthly salary.

Azka clarified that drivers operate under a partnership arrangement, distinct from the PKWT category. This partnership entails contributions with profit-sharing intentions, unlike employment contracts that outline work conditions, rights, and obligations.

Azka emphasized that the absence of fixed wages and the lack of command authority from companies classify drivers' relationships as partnerships. A 2009 Supreme Court decision supported this distinction, noting the partnership nature of online drivers due to the absence of wage and command elements.

"Eid bonuses represent a fraction of the non-wage provisions in our legal framework. Alongside Eid bonuses, companies regulate numerous other non-wage components such as social security and severance pay," he emphasized.

Granting Eid bonuses based on the Ministry of Manpower Circular, which includes PKWT employment relationships, could introduce uncertainty for other non-THR components applied to workers.

The Indonesian Transport Workers Union (SPAI) supports the provision of Eid bonuses for online motorcycle taxi drivers and logistics couriers.

According to SPAI Chairwoman Lily Pujiati, based on previous experiences, companies have provided Eid incentives but drivers were required to work during Eid to receive them.

"That is clearly not THR," Lily said. According to Lily, these Eid bonuses should be paid in full, not in installments, and given no later than 7 days before Eid.

Source: https://jakartaglobe.id/business/legal-expert-says-ridehailing-workers-excluded-from-eid-bonuse