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
4.
Discrimination and harassment
4.1
What actions are classified as unlawfully discriminatory?
Indonesia

Answer ... Several actions are classified as unlawfully discriminatory as follows:

  • Article 5 of the Labour Law provides that all people have the same rights and opportunities in relation to applying for jobs and securing a viable standard of living, regardless of gender, ethnicity, race, religion or political orientation, including equal treatment for disabled people.
  • The Labour Unions Law stipulates that discrimination relating to job training and skills development based on ethnicity, race, religion, political orientation, nationality or origin will be deemed as employment and occupation discrimination.
  • Government Regulation 8/1981, in conjunction with Government Regulation 78/2015 on Wages, states that:
    • in determining an employee’s wage, employers may not discriminate between male and female workers who perform work of equal value; and
    • employees are entitled to the same wage for work of the same value.
  • MOMT Decree Kep.68/MEN/IV/2004 on HIV/AIDS Prevention and Control in the Workplace prohibits employers from discriminating against employees based on their HIV/AIDS status, whether they are positively infected or are believed to be infected.

Sexual harassment in connection with the employer-employee relationship will be deemed a crime under Article 294(2) of the Penal Code. Article 86(1) of the Labour Law also provides that employees deserve the right to receive protection against immoral and indecent behaviour and actions. It is common for company regulations and collective labour agreements to treat sexual harassment as a serious violation.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
4.2
Are there specified groups or classifications entitled to protection?
Indonesia

Answer ... The Labour Law, in conjunction with Article 27(2) of the 1945 Constitution, provides that each employee shall be entitled to equal treatment from the employer without discrimination. Each employee has the same rights and opportunities to obtain a decent job and livelihood without discrimination by gender, ethnic group, race, religion or political orientation, in accordance with the interests and abilities of the employee, including equal treatment for the disabled.

Specific protections are given in Indonesia by law, as stipulated in the following regulations:

  • As a result of ratification of International Labour Organization Convention 138 on Minimum Age for Admission to Employment, the minimum age for employment is 15 years. Employers are basically prohibited from employing children. However, this provision may be waived to allow a child aged between 13 and 15 years to perform light work, provided that this does not interfere with the child’s physical, mental or social welfare and development.
  • Under the Labour Law:
    • female employees under the age of 18 are prohibited from working between the hours of 11:00pm and 7:00am;
    • it is prohibited to employ pregnant employees between the hours of 11:00pm and 7:00am if a doctor’s assessment shows that this would endanger the health and safety of the employee or her unborn child;
    • employers employing women between the hours of 11:00pm and 7:00am are obliged to provide them with nutritious food and beverages, and to protect their morals and security in the workplace;
    • employers must provide transportation to and from home for female employees departing for and returning from work between the hours of 11:00pm and 5:00am; and
    • female employees have the right to breastfeed or to extract and store breast milk during working hours.
  • Also under the Labour Law, employers that employ disabled workers must ensure proper access and provide specific work tools to protect them according to the degree of disability. This provision is reinforced by the Law on Disabled People (8/2016), which stipulates that disabled people have an equal right and opportunity to work.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
4.3
What protections are employed against discrimination in the workforce?
Indonesia

Answer ... Please see question 4.2.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
4.4
How is a discrimination claim processed?
Indonesia

Answer ... In practice, an employee who has experienced harassment in the workplace can ask the company to arrange bipartite negotiations between the employee, the employer and the labour union (if applicable). If the negotiations are unsuccessful, the employee can file a claim to the district court where the employer is legally domiciled pursuant to civil tort law.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
4.5
What remedies are available?
Indonesia

Answer ... As at the time of writing, there are no specific remedies in Indonesian labour laws and regulations.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
4.6
What protections and remedies are available against harassment, bullying and retaliation/victimisation?
Indonesia

Answer ... Please see questions 4.3 and 4.5.

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