Answer ... Female employees are entitled to three months’ maternity leave with full pay. The leave period consists of:

• 1.5 months prior to the delivery; and
• 1.5 months following the delivery, unless the employee’s doctor certifies otherwise.

The above leave periods can be extended with a doctor’s certificate confirming that this is medically necessary. Female employees are also entitled to 1.5 months’ leave in the event of a miscarriage.

Male employees are entitled to two days’ paid paternity leave pursuant to the Labour Law. National Civil Service Agency Regulation 24/2017 on Procedures for Granting Leave to Civil Servants allows men in the civil service to extend their paid paternity leave to up to one month with a doctor’s certificate stating that the extended leave is medically necessary.

Answer ... Please see question 2.1. In addition to paid leave, employers must provide mothers with reasonable time and special facilities to breastfeed once they return to work.

Answer ... Indonesia recognises labour unions, as regulated under the Labour Union Law. In general, labour unions must first be registered with the local office of the Ministry of Manpower (MOM). A labour union must then submit written notification to the company in question after its registration is approved by the MOM. Prior to the enactment of the Labour Union Law, Indonesia ratified International Labour Organization (ILO) Convention 87 concerning Freedom of Association and Protection of the Right to Organize, pursuant to Presidential Decree 83/1998 on the Ratification of ILO Convention 87 concerning Freedom of Association and Protection of the Right to Organise. Under the presidential decree, employers in Indonesia may not postpone the establishment of or dissolve labour unions.

Pursuant to the presidential decree, the government guarantees employers and employees the right to establish organisations or labour unions without government and/or employer intervention. In addition, the Labour Law stipulates that employees have the right to take industrial action (ie, strike – a collective action by employees and/or the labour union to stop or delay work) in the event of unsuccessful negotiations to settle an industrial relations dispute.

Answer ... Indonesia’s new Personal Data Protection Law requires personal data controllers to have a legal basis for processing personal data, such as the explicit valid consent of the data subject. For an employer to lawfully store and process the personal data of employees, it must obtain the consent of the employees, confirming their awareness that their personal data will be stored and processed by the employer. Such consent must be written or recorded and must be:

• clearly distinguished from other purposes;
• given in an understandable and accessible format; and
• conveyed in simple and clear language.

Answer ... The Labour Law and other applicable labour regulations do not recognise the concept of a part-time worker. Therefore, a part-time worker is entitled to the same rights as a regular worker depending on the relevant employment arrangement (either a permanent or fixed-term worker).