PENGUPAHAN DAN PERLINDUNGAN UPAH (1)
PENGANTAR
Hak buruh ketika telah memberikan hasil dari kerjanya kepada pengusaha adalah upah. Besarnya upah ditentukan oleh banyak faktor antara lain status kerja, waktu lembur, tunjangan-tunjangan, UMP dan lain-lain. Selain diatur dalam UU 13/ 2003, persoalan pengupahan dan perlindungannya banyak diatur dalam surat Edaran Menaker, Peraturan Mentri, Peraturan Pemerintah dan Keputusan Menaker. Tujuannya agar ada peraturan yang cukup jelas mengenai pengupahan terutama penghitungan upah. Harapannya buruh-pun tahu upah semestinya didapat.
Upah adalah : hak buruh yang diterima dan dinyatakan dalam bentuk uang sebagai imbalan dari pengusaha atau pemberi kerja kepada buruh yang ditetapkan dan dibayarkan menurut suatu perjanjian kerja, kesepakatan atau peraturan perundang-undangan termasuk tunjangan bagi buruh dan keluarganya atas suatu pekerjaan dan/atau jasa yang telah atau akan dilakukan (pasal 1UU 13/2003)
Kebijakan pengupahan yang melindungi buruh (untuk memenuhi penghidupan yang layak pasal 88 UU 13/2003) :
- Upah minimum;
- Upah kerja lembur;
- Upah tidak masuk kerja karena berhalangan;
- Upah tidak masuk kerja karena melakukan kegiatan lain diluar pekerjaan;
- Upah karena menjalankan hak waktu istirahat kerjanya;
- Hal-hal yang dapat diperhitungkan dengan upah;
- Struktur dan skala pengupahan yang proporsional;
- Upah untuk pembayaran pesangon; upah untuk penghitungan pajak penghasilan
- Bentuk dan cara pembayaran upah;
- Denda dan potongan upah.
Pengaturan pengupahan ditetapkan atas kesepakatan pengusaha dan buruh/serikat buruh serta tidak boleh lebih rendah dari ketentuan pengupahan yang ditetapkan peraturan perundang-undangan yang berlaku (pasal 91 UU 13/2003).
Upah tidak dibayar apabila buruh tidak melakukan pekerjaan kecuali (pasal 93 ayat 1,2&4 UU 13/2003)
- Buruh sakit sehingga tidak dapat melakukan pekerjaan .
- Buruh perempuan yang sakit pada hari pertama dan kedua masa haidnya sehingga tidak dapat melakukan pekerjaan.
- Buruh tidak masuk bekerja karena :
- Buruh menikah (dibayar untuk selama 3 hari) ;
- Menikahkan anaknya (dibayar untuk selama 2 hari) ;
- Menghitankan anaknya (dibayar untuk selama 2 hari) ;
- Membaptiskan anaknya (dibayar untuk selama 2 hari) ;
- Istri melahirkan atau gugur kandungan (dibayar untuk selama 2 hari) ;
- Suami/istri/anak/menantu/orang tua/mertua atau anggota keluarga dalam satu rumah meninggal dunia (dibayar untuk selama 2 hari) ;
- Buruh tidak dapat melakukan pekerjaannya karena sedang menjalankan kewajiban terhadap Negara (pasal 6 UU 8/1981 Tentang Perlindungan Upah)
- Pengusaha wajib membayar upah jika dalam menjalankan kewajiban Negara tersebut buruh tidak mendapat upah atau tunjangan lainnya dari pemerintah tapi tidak melebihi 1 tahun.
- Pengusaha wajib membayar kekurangan upah kepada buruh bilamana jumlah upah yang diperoleh dari pemerintah kurang dari upah yang biasa diterima dari perusahaan yang bersangkutan tetapi tidak melebihi 1 tahun.
- Pengusaha tidak diwajibkan membayar upah kepada buruh bilamana buruh tersebut telah memperoleh upah serta tunjangan lainnya yang besarnya sama atau lebih dari upah yang biasa diterima dari perusahaan yang bersangkutan.
- Buruh tidak dapat melakukan pekerjaannya karena menjalankan ibadah yang diperintahkan agamanya (tidak melebihi dari 3 bulan)
- Buruh bersedia melakukan pekerjaan yang telah di janjikan tetapi pengusaha tidak mempekerjakannya baik karena kesalahan sendiri maupun halangan yang seharusnya dapat dihindari pengusaha
- Buruh melaksanakan hak istirahat
- Buruh melaksanakan tugas serikat buruh atas persetujan pengusaha
- Buruh melaksanakan tugas pendidikan dari perusahaan.
Upah yang dibayarkan bagi buruh bagi buruh yang sakit (pasal 93 UU 13/2003) :
- Untuk 4 bulan pertama dibayar 100% dari upah
- Untuk 4 bulan kedua dibayar 75% dari upah
- Untuk 4 bulan ketiga dibayar 50% dari upah
- Untuk bulan selanjutnya dibayar 25% dari upah sebelum pemutusan hubungan kerja dilakukan oleh pengusaha.
Luar biasa setiap penjelasan ada dasar hukumnya. Sangat bermanfaat untuk mengetahui hak pekerja sesui Undang-undang
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