Kartunet - Disabilities are not always present from birth. Many individuals acquire disabilities in the middle of their productive years or while actively pursuing their careers, whether due to illness or work-related accidents. Unfortunately, many companies misunderstand the situation and take a shortcut by immediately terminating the employment (PHK) of such employees. However, these employees have strong legal protection to be retained through the "Kembali Bekerja" or Return to Work Program.
Legal Basis: Prohibition of Termination Due to Disability
From a legal perspective in Indonesia, unilaterally dismissing an employee solely because they have recently acquired a disability is a form of discrimination. Law Number 8 of 2016 concerning Persons with Disabilities, specifically Article 11, explicitly states that persons with disabilities have the right not to be dismissed due to disability, as well as the right to receive a return-to-work program.
3 Mandatory Stages in the Return to Work Program
If an employee experiences an accident or illness that results in a disability (such as vision loss or other physical impairments), the company or employer is obligated to facilitate the employee through three main steps of the Return to Work Program:
- Rehabilitation Phase: The employee must be facilitated to undergo a rehabilitation process to help them adapt to their new condition in daily life. The funding for rehabilitation and support for returning to work can often be integrated with the Work Accident Insurance (JKK) program from BPJS Ketenagakerjaan if the disability is work-related.
- Adjustment (Reasonable Accommodation) in the Original Position: After the rehabilitation period, the employer is obligated to make necessary adjustments so that the employee can return to the same position as before they acquired the disability. For example, if the employee is now visually impaired, the company can install screen reader software on their computer so they can still navigate administrative tasks and emails independently.
- Position Relocation or Task Modification: If adjustments in the old position prove impossible due to highly specific job demands (e.g., the old job requires full visual function), the employer must not immediately lay off the employee. The company is required to discuss with the employee to find a new job area that aligns with their new sensory or physical condition within the company, or to modify their work processes so they can still contribute.
Conclusion
Retaining employees with disabilities through a Return to Work program is not merely a matter of legal compliance or compassion. It is a logical human resource investment for companies. The loss of one sensory or motor function does not automatically erase the intelligence, experience, and professional understanding that an employee has built over many years. By providing appropriate accommodations, companies will not lose valuable talent and will contribute to building a truly inclusive labor market ecosystem. (DPM)
References:
- Law of the Republic of Indonesia Number 8 of 2016 concerning Persons with Disabilities.
- Indonesian Association of the Blind (Pertuni). Guidelines for Recruitment and Placement of Visually Impaired Workers.
- Bappenas, KSP, AIPJ2, & JPODI (2021). Monitoring the Fulfillment of Disability Rights.