Post-pandemic, hybrid working has become the norm. Yet, Indonesia’s labor laws have not explicitly caught up with this shift.
In a recent interview, I highlighted that while hybrid work offers flexibility, it also presents legal gray areas, especially when not clearly regulated in employment agreements or company policies.
Under current regulations, such as UU Ketenagakerjaan and UU Cipta Kerja, hybrid work isn’t directly addressed. That’s why I advise businesses and HR leaders to proactively formalize hybrid arrangements through written agreements, covering:
- Work location and hours
- Performance monitoring (ideally output-based)
- BYOD policies (Bring Your Own Device)
- Health and safety responsibilities, even outside the office
- Clear roles and obligations to reduce legal ambiguity
Failing to document these can increase legal risks, especially in disputes over overtime, termination, or disciplinary action.
The principle of freedom of contract gives companies the flexibility to structure these agreements, but only if they’re written and clear.
Let’s design a hybrid work model that’s not only productive but also legally sound.
Article in Bahasa Indonesia, covered by BusinessAsia:
https://businessasia.co.id/hybrid-working-perjanjian-kerja-perspektif-hukum-ketenagakerjaan-indonesia/
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