Indonesia is still consistently on the list of countries with the highest burden of tuberculosis (TB) in the world. According to the Ministry of Health, Indonesia accounts for 10% of global TB cases with 1.08 million cases and 126 thousand deaths. In line with these figures, stigma and discrimination against people with TB in the work environment is also still high. Many of them were ostracized and became victims of Termination of Employment (PHK) as soon as their health status reached the ears of the company.
HR person opens card
This phenomenon is also visible on social media when someonenetizensasked about the treatment of workers diagnosed with TB. Even though there isHuman Resources(HR) who empathize with implementing the work from home (WFH) policy or relaxing the rules according to the level of symptom transmission, but there are those who actually confirm the practice of laying off workers unilaterally without certainty of wages. Not infrequently, co-workers' testimonies even mention more extreme conditions, namelycut offwith no chance of returning to work after recovering.
Stories from Those Who Were Expelled
This story is not just a figment of imagination. Survivors and families expressed experiences that were not much different. One of the victims admitted that he had been unemployed for 6 months, indicating that once he was released from work, the road to being productive again was not easy. There was also a wife who said that her husband had been laid off from work shortly after he was found to be positive for TB. He said, in the field, not all companies want to employ employees with TB positive status or simply have a history of it. Another victim admitted that his high flying hours and loyalty did not guarantee that he would be free from discrimination and being shunned by his co-workers. Ironically, they face two blows at once, loss of livelihood and bad judgment from the surrounding environment when they have to struggle to recover.
Clear Rules Forbid
In fact, legally, the above practices clearly violate Minister of Manpower Regulation (Permenaker) No. 13 of 2022 concerning TB Control in the Workplace. This regulation requires companies to provide dispensation for their employees to undergo treatment until the disease is declared no longer contagious, as well as paying their rights as workers. In accordance with Article 6 paragraph 2, employees also have the right to get time to rest according to a doctor's recommendation, as well as ensuring that their treatment follows the National Tuberculosis Control guidelines. In other words, this rule was made so that employees do not experience discrimination, let alone being dismissed unilaterally. Even if the layoff is still carried out due to illness, the decision is null and void, and the employer is obliged to re-employ the person concerned. The regulation also requires companies to implement TB control in the workplace, starting from health checks for at-risk groups and investigating close contacts in the work environment.
Why is practice in the field inversely proportional?
There are several possibilities that could at least explain this gap. First, supervision from policy makers and strict sanctions mean that violations like this do not have serious consequences for the company. Second, the stigma against TB is still entrenched, so steps to 'get rid' of sick workers are considered more practical than waiting for them to recover and return to the office. Third, cliche reasons such as efficiency or non-renewal of contracts are easily used as a cover to cover up the real motives behind layoffs. Lastly, what is most intolerable is HR's lack of understanding of this Minister of Manpower Regulation considering that this regulation is not yet 5 years old. It is very likely that even entrepreneurs, including HR, do not really know about the existence of these regulations.
Legal Steps That Can Be Taken
For workers who experience unilateral layoffs due to a TB diagnosis, there are several paths that can be taken. Workers whose sputum examination results are declared negative and are declared no longer infectious based on a doctor's assessment, have the right to return to work. However, it would be better to consider a type of work that does not interfere with the ongoing treatment process and does not endanger yourself and the work environment.
If the company insists on layoffs, workers will not immediately lose their rights. Refuse to be asked to sign the layoff letter and submit your objection in writing. After that, negotiate with the company on a bipartite basis. However, if there is a dead end, workers can report this dispute to the local Manpower Service (Disnaker) for facilitated mediation.
Considering that layoffs due to illness fall into the category of violating the law, this decision is basically null and void. This means that the company has an obligation to re-employ the person concerned or fulfill their normative rights such as severance pay, gratuity pay, and compensation for rights.
Don't just be cute on paper
In fact, the country has no shortage of regulations to protect workers with TB. However, supervision is weak, sanctions are not strict, and awareness of the existence of the rules is still minimal. There is a gap between regulation and implementation to the point that sad stories like the ones sharednetizensit can still happen again if the law is not actually implemented in the workplace.
