What is THR Mandatory Allowance for Workers in Indonesia? [as per Regulation update 2016]

illustration courtesy of asenat29

THR allowance is a mandatory allowance for workers in Indonesia  to celebrate religious holiday.

In Indonesia, it is mandatory for employer to pay one monthly salary/wage a week before their employees religious holiday celebration.  This unique allowance is called THR (short for Tunjangan Hari Raya Keagamaan) which I loosely translate it as Religious Holiday Allowance.

This THR mandatory allowance is regulated in Indonesian Minister of Manpower Regulation No. 06/2016 March 8th, 2016.

[previously: Indonesian Minister of Manpower Regulation No. PER-04/MEN/1994 tanggal 16 September 1994.]

I have summarized from that regulation as follows:

Consideration:

  • that Indonesian society  is a society of religion believers which celebrate religious holiday every year according to their own religion;
  • that workers need additional cost for the celebration;
  • that for the worker to be able to afford celebration it is proper for employer to give Religious Holiday Allowance;
  • that to create peaceful business condition, increase workers welfare and  provide uniformity in payment the Religious Holiday Allowance  should be determined by the Minister

Definition:

THR is labor allowance that must be paid by the employer to the worker or his family before the religious holiday in cash and/or other form.

Eligibility

  • Employer must pay THR for employee that has minimum of 1 (one) of continuous service [previously: 3 months]
  • Former Permanent Employee that his employment terminated in period of 30-days before his Religious Holiday is still eligible for THR
  • Former Contract-based Employee that his contract terminated before his Religious Holiday is not eligible for THR

Payment

  • Employer must pay THR once a year in accordance to employee religion,
  • Payment must be made at least 7 days before Religious Holiday of each employees (unless employee and employer has agreement for other time of payment)
  • Religious Holiday in Indonesia considered for THR payment:
    • Moslem: Eid al-Fitri
    • Christian: Christmas
    • Budhist: Waisak (Vesak)
    • Hindu: Nyepi
    • Konghucu: Imlek [added in 2016]
  • Payment in Cash only in Indonesian Rupiah currency [added in 2016]
  • [Previously: Payment in Cash but payment in other form (in kind) is allowed in maximum value of 25% of total THR (but not allowed in in form of liquor, drugs/emdicine or material for drugs/medicine)]

Amount

  • THR amount is minimum 1 monthly salary/wages (= basic salary + other fixed allowance) for workers that have minimum 12 month of service.
  • For workers that have > 1 months of service and <12 months of service, THR amount is apportioned accordingly (= month of service/12 x 1 monthly salary)

 Violation

  • For employers who violate the obligation to pay THR allowance shall be subject to punishment.
  • Penalty for late payment of THR is 5% of Total Amount of THR. [added in 2016]

Deviation

in 2016 no deviation is mention in new regulation

[Previously : For employers who unable to pay THR because of the company condition must submit request about deviation of THR amount to Directorate General of Industrial Relations and Labour Inspection at least 2 (two) months before the nearest Religious Holiday.]

Notes:

About Erwin Muniruzaman

A seasoned and intelligence HR practitioner with a span of more than 12 years on overall HR experience practice in leading companies of Banking and Retail industry. Leveraging his vast knowledge on Indonesian HR practices and regulations, to build a Performance Culture organization. Currently managing all HR strategy and policies in a multiformat retail business group with almost 15.000 employees in 33 cities across Indonesia. Act as a trusted advisor to member of Board of Directors on HR matters and responsible to align HR Strategies and Initiatives with busines strategic planning. Together with HR Director have transformed a passive and administration focus HR team into more adaptive, dynamic and modern HR team that always aligned its strategy with business strategy and needs. A passionate and HR enthusiast that always eager to share his ideas, opinions and experiences about HR related topics (especially Indonesian cases) to public, as a speaker as well as a HR blog writer in his personal blog/LinkedIn Profile : http://www.mewarisgagasan.wordpress.com https://id.linkedin.com/erwinmuniruzaman

41 comments

  1. Thank you for your explanation Mr. Erwin.:)

  2. Janardhan S

    What is mean by fixed allowances ( Food Allowance is included or not)

    • Fixed Allowance in Indonesia defined by regulation is any (monthly) allowance that given not related to Performance nor Absent.
      If Food Allowance is not related to absent and given in the same amount then it is considered as Fixed Allowance. On the other hand, if the Food Allowance amount is fluctuated base on absent then it is not consider as fixed allowance.

  3. Paulus

    My company has a policy of NOT paying THR if the employee resigns before the THR period. Isn’t that against the law?

    • If a PERMANENT employee resign/terminate WITHIN 30 days before D-DAY (Idul Fitri/Christmas/Waisak/Nyepi) he is still eligible by REGULATIONS for (proportionate) THR.
      but
      If CONTRACT employee resign/terminate even only ONE day before D-Day, he is NOT eligible by regulations. In this case it is up to company internal regulations or agreement with employees.

      Please refer to PERMEN 04/1994 about THR article 6 below:

      Pasal 6
      1. Pekerja yang putus hubungan kerjanya terhitung sejak waktu 30
      (tiga puluh) hari sebelum jatuh tempo Hari Raya Keagamaan
      berhak atas THR.
      2. Ketentuan sebagaimana dimaksud dalam ayat (1) tidak berlaku
      bagi pekerja dalam hubungan kerja untuk waktu tertentu yang
      hubungan kerjanya berakhir sebelum jatuh tempo Hari Raya
      Keagamaan.

    • If they are permanent employee that resign more than a month before, they are not eligible. They only eligible if resign less then a month before Idul Fitri.

  4. Mr Ong

    Dear Sir,
    Seek your advice on the THR.

    Does my company still has to pay THR to an employee although we do not have an registered office in Indonesia ? This employee is under employment from HQ in Singapore

  5. ya…:-)
    tHR pasti dinantikan oleh semua orang terutama para karyawan:-)
    ini hampir lagi, mo lebaran sob, hehehe

  6. Ben

    Hi,

    Thanks for the info.

    Question: What about expatriates? Are they entitled or not?

    Thanks!

  7. Erwin, apa kabar?

    Lagi cari info THR dalam bahasa Inggris ketermu blog ini.

    Good info …

  8. Aileen

    Dear Sir

    My company is facing gross financial difficulties and would like to appeal for waiver of THR payment.

    Do you have a sample for me to appeal to the Director General of Industrial Relations and Manpower Control?

    Appreciate your help.

    Regards
    aileen

  9. Meina

    Dear Pak Erwin, adakah regulasi THR No 04/1994 dalam versi bahasa Inggris ?

    • Dear Meina, sampai sekarang saya belum menemukan dokumen resmi versi bahasa Inggris nya. Itu lah sebabnya saya buatkan posting ini dalam bahasa Inggris ini untuk membantu

      • meina

        Dear pak Erwin, terimakasih untuk fast reply nya, saya harap kedepannya ada yg bisa menterjemahkan regulasi ini, krn kami harus melampirkan regulasi THR english version ini sebagai data pendukung ke pimpinan expatriat kami.

      • He he he
        Dear Mba Meina, kalau itu minta aja penerjemah resmi utk buat terjemahan nya khusus untuk perusahaan Mba Meina. Karena tidak setiap dokumen/peraturan pemerintah di sediakan terjemahan versi inggrisnya oleh pemerintah.

  10. meina

    pak Erwin
    staff ditempat kami transportnya dibayar berdasarkan aktual pemakaian, tp khusus untuk sales, mereka yg memiliki mobil pribadi menggunakan mobil tsb sbg pengganti transportasi dan perusahaan memberi penggantian transportasi berupa tunjangan kendaraan yg diterima stp bulan.
    pertanyaan saya, apakah tunjangan kendaraan tsb bisa di kategorikan sbg tunjangan tetap dan juga harus dimasukkan dalam THR ?

    • Dear Meina,
      Pengertian tunjangan tetap adalah tidak terkait dengan prestasi/kinerja dan tidak terkait dengan kehadiran.
      Jadi kalau nilai tunjangan kendaraan nya tetap, tidak berubah karena kinerja/kehadiran maka masuk tunjangan tetap dan harus masuk komponen THR

  11. CY

    Dear Erwin,

    Would like to find out that my company only start the business on February 2015, we have not yet getting any sales in, could we waive from paying THR? Is there any procedure?
    Thanks for the help in advance.

  12. Ilango

    Do we need to include Fixed Transport allowances?

  13. Buddhika

    Dear Erwin, As per your instruction I made a letter to our HR and finance finally I got my THR, thank you for your advice and assistance..

  14. Aisha Ahmad

    Dear Pak Erwin, Thank you for your post. It is very helpful. I would appreciate your advice on the following:
    1. Can the company pay the THR at a time apart from 2 weeks before a religious holiday? e.g. THR paid at the end of every calendar year.
    2. Can the company pay the THR over a period of 12 months? E.g. IDR 3.6mil / 12 mths = IDR300.000 per mth
    3. Does the company need to reference how THR is being paid to employee in the employment contract?

    Thank you very much for your assistance.

    • Dear Aisha,

      1. No. It will not considered as THR if the payment time is not related to one of the religious Holiday.
      2. No. It will not considered as THR, it will considered as fixed allowance then you still have to pay THR.
      3. Since it is based on law/government regulations, actuallythere is no need to mention it specifically in employment contract. However, employee (and labor union) need assurance that the company will comply, therefor some company made restatement in their company regulations.

  15. This article helps me saving time to explain to my boss, thanks a lot bro!!

  16. hi, great article. question tho: for a foreigner that has been on a one-year contract from 01 June to 31 May and that is being renewed for 3 more months only (until August 31st): will he/she be legible for the THR payment? and at what rate?

    • Hi, thanks for the visit.
      As for your question, since the contract employee still in active employment when THR is due, then he is eligible for THR in full this year (he has full 1 year employment for this year THR period)
      Hope this will help

  17. mcpeacocks

    sorry, still not so clear:
    Under “legibility” it states that: “Former Contract-based Employee that [has] his contract terminated before his Religious Holiday is not eligible for THR”.
    In this case the contract expires on 31st May 2016 – before the Idul Fitri holiday.
    The renewal/extension starts on 1 June 2016 and finishes at 31 August.

    Furthermore, the person in question is a Christian and received bonus payment (7/12 months) last Christmas. So this means he/she will NOT be legible for payment at Idul Fitri this July? Or if he/she does, at what rate, only 2/12 monthly salary?

    Thanks!

  18. mcpeacocks

    sorry, still not so clear:
    Under “legibility” it states that: “Former Contract-based Employee that [has] his contract terminated before his Religious Holiday is not eligible for THR”.
    In this case the contract expires on 31st May 2016 – before the Idul Fitri holiday.
    The renewal/extension starts on 1 June 2016 and finishes at 31 August.

    Furthermore, the person in question is a Christian and received bonus payment (7/12 months) last Christmas. So this means he/she will NOT be legible for payment at Idul Fitri this July? Or if he/she does, at what rate, only 2/12 monthly salary?

    Thanks!

    • Eligibility issues:
      1. Status: Since the contract is renew/extend without pause then the worker in effect is have a continuous working status from 1 June 2015 – 31 August 2016. Therefore is the person is considered not terminated and eligible for THR.
      Simply put the person is an Employee not Former employee.

      2.Christmas Bonus: It has to clear first what is received in last Christmas. Is it clearly stated as THR or is just bonus ? If it is explicitly stated as THR then the person has no THR overdue at Idul Fitri.
      If only Christians received that bonus then it can be considered as THR as well.

      3. Payment: Default for THR payment in regulation is before each religion Holy day. However, if it is agreed by the employee or stated in CLA or company regulation, the THR can be paid at the same time at Idul Fitri. If it is the case, then all employee eligibility will count from Idul Fitri regardless the religion.

      Hope this will clear things.

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