PERLINDUNGAN HUKUM BAGI TENAGA KEPERAWATAN DI MASA PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA COVID-19 TERHADAP UPAH LEMBUR YANG DIKONVERSIKAN HARI LIBUR DI RUMAH SAKIT DAERAH MADANI PEKANBARU
Abstract
The density of nurses' working hours during the COVID-19 period, especially
during the implementation of PPKM at Madani Hospital, should be clear about the
amount of overtime pay for workers in accordance with Law of the Republic of Indonesia
Number 13 of 2003 concerning Manpower and the Decree of the Minister of Manpower
and Transmigration of the Republic of Indonesia Number KEP.102 /MEN/VI/2004
concerning Overtime and Overtime Pay. This thesis research aims to: find out the
Implementation of the Fulfillment of Overtime Pay Rights for Nursing Workers during the
PPKM Period during the Covid-19 Period at Madani Pekanbaru Hospital and know the
Legal Protection for Nursing Workers during the PPKM Period during the Covid-19
Period Against Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital.
The type of research used by the author is sociological legal research, because in
this research the author directly conducts research at the location or place under study in
order to provide a complete and clear picture of the problem under study. This research
was conducted at the Pekanbaru Madani Regional Hospital.
The results of the analysis in the study found that: The provision of holidays as a
form of "overtime pay" was never included in the work contract agreed upon by the
Madani Hospital and Nurses. Nevertheless, one of the nurses said that changing overtime
pay into the form of holidays was a common thing to happen, even though there was no
policy or agreement made beforehand. In fact, not a single nurse dared to oppose the
unilateral and arbitrary policies implemented by RSD Madani against nurses. Legal
Protection for Nursing Workers during the PPKM Period during the Covid-19 Period
Against Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital from a
social perspective such as providing nutritious food and drinks, providing security
facilities, providing health services, providing psychologists and fulfillment of Personal
Protective Equipment which are forms of protection provided by RSD to nurses working
during the Covid-19 pandemic, especially during the PPKM period. However, there is
one protection that is not fulfilled by RSD Madani, namely "wage protection" contained
in Law Number 13 of 2003 concerning Manpower. As well as not fulfilling Article 36
letter e of Law Number 38 of 2014 Concerning Nursing, which nurses must "Receive
compensation for nursing services that have been provided".
Keywords: Legal Protection-Nurse-Overtime Pay
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