Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Labour and Employment
2.
Employment rights and representations
2.1
What, if any, are the rights to parental leave, at either a national or local level?
Indonesia

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

  • 1.5 months prior to the delivery, which can be extended to up to three months with a doctor’s certificate confirming that this is medically necessary; and
  • 1.5 months following the delivery, unless the employee’s doctor certifies otherwise.

Women are also entitled to 1.5 months’ leave in the event of a miscarriage.

Men 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, dated 22 December 2017, 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.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
2.2
How long does it last and what benefits are given during this time?
Indonesia

Answer ... In addition to paid leave, employers are required by the government to register all employees with the national health insurance system, BPJS Kesehatan. Employers must also provide mothers with reasonable time and special facilities to breastfeed once they return to work.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
2.3
Are trade unions recognised and what rights do they have?
Indonesia

Answer ... Indonesia recognises labour unions, as regulated under the Labour Unions Law. In general, labour unions must first be registered with the local office of the MOMT. A labour union must then submit written notification to the company in question after its registration is approved by the MOMT. Prior to the enactment of the Labour Unions 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 Organize. 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.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
2.4
How are data protection rules applied in the workforce and how does this affect employees’ privacy rights?
Indonesia

Answer ... There are no specific labour regulations governing the privacy of an employee’s particulars. This refers to information that is generally relevant to the employee’s employment, such as name, address, remuneration and rights and obligations. Therefore, there is no prohibition that prevents an employer from disclosing an employee’s particulars, as long as the information relates to the employee’s employment and his or her employment agreement.

However, the Law on Electronic Information and Transactions (11/2008), as amended by Law 19/2016, and its implementing regulations regulate the use of a person’s private or personal information through electronic media. Fundamentally, the law strictly requires the consent of a person for the use of his or her private or personal information through electronic media. Therefore, if an employer intends to divulge any personal information, it would be prudent to obtain the employee’s prior consent.

An employer’s monitoring of employees’ emails, telephone calls, use of the employer’s computer system and social media activity, inside and outside the workplace, is commonly regulated in the employer’s company regulation or collective labour agreement.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
2.5
Are contingent worker arrangements specifically regulated?
Indonesia

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 (either a permanent or fixed-term worker).

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
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Labour and Employment