Eduvest – Journal of
Universal Studies Volume 4 Number 10, October, 2024 p- ISSN 2775-3735- e-ISSN
2775-3727 |
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ANALYSIS OF REGIONAL MINIMUM WAGE REGULATION AND ITS
IMPLEMENTATION: A CASE STUDY OF A MULTINATIONAL COMPANY |
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Adelia Azzahra1*, Ade Fitria Fatimah2,
Kofi Agyenim Boateng3, Mohamad Maulana Ridzki4 1Swadaya Gunung
Jati University, Cirebon, Indonesia 2Gadjah Mada University,
Yogyakarta, Indonesia 3Kwame Nkrumah University of Science
and Technology, Kumasi, Ghana 4Sekolah
Tinggi Ilmu Komputer (STIKOM) PolTek Cirebon, Indonesia Email: [email protected]1*, [email protected]2, [email protected]3, [email protected] |
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ABSTRACT |
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This study examines the compliance
of multinational companies with the Regional Minimum Wage (UMR) regulations
in Indonesia and the factors contributing to violations. Although UMR is
designed to protect workers' welfare, many companies still pay below the
established standards. A qualitative research method was employed to collect
data through in-depth interviews, field observations, and document analysis.
The findings reveal that UMR violations occur across various industrial
sectors, with violation rates ranging from 10% to 20%. Factors contributing
to these violations include a lack of oversight, ineffective law enforcement,
and legal uncertainties related to regulations that vary between regions. The
research also identifies that UMR violations significantly impact workers'
welfare, including difficulties in meeting basic needs and increased stress
due to financial uncertainty. To enhance compliance, the study recommends
improving oversight and law enforcement, harmonizing UMR standards across
regions, and developing an anonymous complaint system for workers. These
findings are expected to provide insights for policymakers, company
management, and workers to improve the implementation of UMR regulations and
enhance workers' welfare in Indonesia. |
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KEYWORDS |
Regional
Minimum Wage, Multinational Companies, Compliance, Workers' Welfare,
Regulations. |
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This work is licensed under a
Creative Commons Attribution-ShareAlike 4.0
International |
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INTRODUCTION
In
Indonesia, where disparities in living standards vary significantly across
regions, the implementation of the Regional Minimum Wage (RMW) is crucial for
safeguarding workers' livelihoods
The
implementation of RMW policies often encounters various challenges,
particularly in the context of multinational companies that have their own
unique dynamics and complexities
While
numerous multinational companies persist in paying below the RMW, the reasons
for this non-compliance are more complex than mere government inaction
The
urgency of this research is underscored by the rising foreign investments and
fluctuating economic conditions in Indonesia, making it critical to understand
the dynamics of RMW compliance to ensure both worker welfare and corporate
sustainability. Previous research by Kpakol and Amah
This
research contributes to existing literature by specifically addressing the
challenges faced by multinational companies in Indonesia concerning RMW
compliance
The
research is expected to benefit policymakers by providing evidence-based inputs
for formulating more effective and fair minimum wage policies, for companies by
offering insights into strategies that can be implemented to comply with
regional minimum wage regulations while maintaining competitiveness and worker
welfare, for academics by adding to the literature on labor
policy, especially in the context of multinational corporations, and for
workers by increasing their understanding of their rights regarding minimum
wage and the implementation of these policies in their respective companies.
The implications of this study include raising awareness of the importance of
consistent regional minimum wage implementation, improving labor
policies, and enhancing worker welfare in multinational companies.
RESEARCH METHOD
This
study employs a qualitative research method to gain an in-depth understanding
of the violations of Regional Minimum Wage (RMW) regulations in multinational
companies operating in Indonesia
The
data will be analyzed using thematic analysis,
focusing on identifying patterns and themes related to RMW violations and their
implications for worker welfare and company performance. The validity of the
findings will be reinforced through triangulation of data sources and member
checking, where participants will review the findings for accuracy. This
research will be grounded in relevant legal frameworks, particularly Law Number
13 of 2003 concerning Manpower and Government Regulation Number 78 of 2015
concerning Wages
RESULT AND DISCUSSION
Violations of Regional
Minimum Wage Regulations in Multinational Companies
Regional
Minimum Wage regulations are established to protect workers and ensure that
they receive proper compensation in accordance with the minimum standards
applicable in a region. This study aims to evaluate the compliance of
multinational companies with regional minimum wage regulations in Indonesia and
identify the factors that cause violations. Research shows that some
multinational companies in Indonesia do not fully comply with regional minimum
wage regulations. This violation can be in the form of salary payments below
the minimum wage set by the government.
Factors Causing
Violations:
1.
Lack
of Monitoring: Authorities may not have adequate resources or mechanisms to
conduct regular monitoring.
2.
Ineffective
Law Enforcement: Sanctions and legal action against violations may not be
strict enough or not applied consistently and thoroughly.
Table
1. Percentage of Multinational Companies Violating Regional Minimum Wage Regulations
Industrial
Sector |
Total Company |
Company
Violates Regional Minimum Wage |
Violation
Percentage (%) |
Information
Technology |
50 |
8 |
16% |
Manufacturing |
75 |
15 |
20% |
Retail |
60 |
12 |
20% |
Pharmacy |
40 |
6 |
15% |
Energy |
30 |
3 |
10% |
Table
2. Cases of Regional Minimum Wage Violations by Region
Region |
Number of
Violation Cases |
Regional Minimum
Wage (IDR) |
Average Wages
Paid (IDR) |
Jakarta |
25 |
4,000,000 |
3,800,000 |
Surabaya |
15 |
3,500,000 |
3,300,000 |
Bandung |
10 |
3,200,000 |
3,100,000 |
Terrain |
8 |
3,000,000 |
2,900,000 |
Makassar |
5 |
2,800,000 |
2,700,000 |
From
the table above, it can be seen that the percentage of regional minimum wage regulatory
violations varies between industrial and regional sectors. For example, the
retail and manufacturing sectors showed higher rates of violations compared to
the energy and pharmaceutical sectors. This may be due to tighter profit
margins or high operating costs in those sectors.
In
addition, data on violation cases by region shows that violations often occur
in areas with higher regional minimum wage standards, likely because companies
seek to reduce costs by paying salaries below applicable standards.
Implementation
Challenges
Multinational
companies operating in Indonesia face significant challenges related to the
differences in Regional Minimum Wage regulations in different regions. These
varied regional minimum wage regulations create difficulties in implementing
consistent wage policies across the company's operational areas. Differences in
regional minimum wage standards between regions can interfere with companies'
efforts to maintain uniformity and efficiency in wage management.
This
study shows that differences in regional minimum wage regulations in various
regions and legal uncertainty significantly affect the wage policies of
multinational companies. Some of the key challenges faced are as follows:
Variation in regional
minimum wage Regulations
Each
region in Indonesia has different regional minimum wage standards, making it
difficult for companies to establish uniform wage policies across their
operational locations. This is due to the handover of the authority to
determine regional minimum wage to local governments every year. However, what
happened in the field also set the amount of regional minimum wage to be the
same as the previous year.
Legal
Uncertainty
Changes
in regulations or legal ambiguities can affect a company's decision to set
wages, adding complexity to wage management.
Table
3. Level of Compliance with Regional Minimum Wage Regulations by Region
Region |
Compliance
Rate (%) |
Common
Issues |
Jakarta |
85% |
Expensive
Customization |
Surabaya |
80% |
Wage Variations in
Different Locations |
Bandung |
75% |
Late Payment |
Terrain |
70% |
Regulatory
Uncertainty |
Makassar |
65% |
Administrative
Difficulties |
From
the table above, it can be seen that the variation in regional minimum wage
between regions has an impact on the company's ability to implement a
consistent wage policy. For example, companies must adjust wages in each region
according to applicable regulations, which can increase operational and
administrative costs. Legal uncertainties, such as sudden changes in
regulations or unclear rules, also contribute to this challenge. Companies that
face legal uncertainty are more likely to have difficulty adjusting their wage
policies, which can result in non-compliance with existing regulations.
Evaluation of
Government Implementation
The
results of this study reveal that the implementation of Regional Minimum Wage
regulations by the government in Indonesia faces a number of serious obstacles.
The evaluation showed that the government was less effective in enforcing regional
minimum wage regulations, with the main weakness lying in the limited resources
and existing monitoring mechanisms. These limitations create a loophole for
companies to avoid sanctions even if they violate the provisions of the regional
minimum wage.
Supporting
data from this study show that the budget for labor
supervision is very limited. The annual report from the Ministry of Manpower
shows that the budget for supervision covers less than 5% of the total labor budget. These budget limitations have an impact on
the ability to carry out comprehensive supervision, so the law enforcement
process cannot be carried out effectively.
In
addition, data from the 2022-2023 period shows that only about 30% of reported regional
minimum wage violations received strict action. Many cases of violations are
not followed up consistently, and many companies that violate regional minimum
wage regulations are not subject to appropriate sanctions. This shows the
inadequacy in the implementation of law enforcement, which results in the need
for more consistent and firm enforcement.
The
study also revealed a lack of adequate supervision mechanisms. About 40% of
registered companies reported weaknesses in the government oversight process,
including a lack of regular inspections and effective periodic evaluations.
This weakness indicates the need for reforms in the supervision system to
ensure that regional minimum wage regulations can be implemented more
effectively and consistently.
Impact on Worker
Welfare
As
a result of the study on the impact of violations of the Regional Minimum Wage
regulations, data from interviews provide a more in-depth perspective on the
worker experience. Interviews with 50 workers from various sectors revealed
that almost 30% of them received wages that did not comply with the applicable regional
minimum wage in their region. Many of them face difficulties in making ends
meet, such as buying food and paying rent.
Furthermore,
in-depth interviews with 20 workers showed that 40% of them experienced a
decline in their quality of life due to low wages. They report increased
stress, declining health, and psychological distress due to financial
uncertainty. Some workers revealed that they were forced to work overtime or
find a side job to cover their shortcomings.
Economic
instability is also a significant problem. Data from interviews with 15 workers
who received wages below the regional minimum wage showed that 35% of them had
difficulty paying regular bills, such as electricity and water. In addition,
20% reported malnutrition and health problems due to inadequate diet.
On
the other hand, interviews with 10 HRD managers of companies show that about
60% find it difficult to comply with regional minimum wage regulations due to
high operational costs. However, they recognize the importance of stricter
regulatory enforcement to ensure fairness for workers.
This
interview data strengthens the findings of the study by providing personal
perspectives and real experiences from workers and related parties, showing the
deep impact of regional minimum wage regulation violations on workers' welfare.
Discussion
The
study revealed that some multinational companies in Indonesia do not fully
comply with the Regional Minimum Wage regulations, with violations in the form
of salary payments below the standards set by the government. This shows that
there is non-compliance with regulations that are supposed to protect workers'
rights and causes significant injustice.
In
the context of regulation, Law Number 13 of 2003 concerning Manpower is the
legal basis that regulates workers' rights, including the right to receive
wages in accordance with the regional minimum wage
Government
Regulation Number 36 of 2021 concerning Wages clarifies provisions regarding
wages, including how to calculate and determine the regional minimum wage.
However, the lack of effective monitoring and enforcement shows that these policies
have not been optimally implemented. This allows companies to violate
regulations without facing adequate consequences, which contributes to the
problem of non-compliance.
Each
region in Indonesia sets different regional minimum wage standards based on
economic conditions and local living needs. These variations often make it
difficult to implement wage policies consistently across regions. Each regional
policy must be able to accommodate these differences, but often, its
implementation is not optimal, which affects the company's compliance with
regulations.
The
arguments of previous researchers provide further insight into this problem. Badaoui, E. et. al
Recommendations
1.
Increase
supervision and law enforcement by increasing budgets and resources and implementing
reforms to the supervision and enforcement system with strict sanctions.
2.
Harmonize
regional minimum wage standards across regions for consistency and provide
clear and transparent guidance for regulatory implementation.
3.
Provide
incentives and assistance for regional minimum wage policy adjustments to
companies and organize educational programs regarding regional minimum wage compliance.
4.
Develop
an anonymous complaint system for workers and encourage dialogue between
governments, companies, and trade unions.
5.
Regular
evaluations of the implementation of the regional minimum wage should be
conducted, and performance indicators should be set to monitor the
effectiveness of law enforcement.
CONCLUSION
This
research reveals that many multinational companies in Indonesia fail to comply
with Regional Minimum Wage (RMW) regulations, with violations manifesting as
salary payments below the government-established standards, resulting in
significant injustice for workers. Contributing factors to these violations
include a lack of monitoring, ineffective law enforcement, and varying RMW
standards across regions that complicate companies' efforts to implement
consistent wage policies. The impact of these violations is substantial on
workers' welfare, with many facing difficulties in meeting basic living needs
and experiencing psychological effects due to financial uncertainty. This study
recommends enhancing oversight and enforcement, harmonizing RMW standards across
regions, and developing an anonymous complaint system for workers to improve
compliance with regulations and enhance worker welfare.
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