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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

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 must 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 Union Law stipulates that discrimination relating to job training and skills development based on ethnicity, race, religion, political orientation, nationality or origin will be deemed employment and occupation discrimination.
  • Government Regulation 36/2021 provides that:
    • all employees have the right to equal treatment in the implementation of a wage system without discrimination; and
    • every employee is entitled to the same wage for work that has equal value.
  • The right to equal treatment means that the employer must implement its wage system fairly, regardless of gender, ethnicity, race, religion, skin colour or political orientation. In determining employees’ wages, 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. Work with equal value is regarded as work with equal weight and is measured by, among other things, competence, work risk and responsibilities in the workplace.
  • Ministry of Manpower 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 is deemed a crime under the Sexual Violence Law. Article 86(1) of the Labour Law also provides that employees are entitled to 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: Syahdan Z. Aziz from SSEK Law Firm
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.

As a result of Indonesia’s 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.

The Labour Law also provides as follows:

  • Female employees under the age of 18 are prohibited from working between the hours of 11:00 pm and 7:00 am;
  • It is prohibited to employ pregnant employees between the hours of 11:00 pm and 7:00 am 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 11:00 pm and 7:00 am 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 11:00 pm and 5:00 am; 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 the workers 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: Syahdan Z. Aziz from SSEK Law Firm
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: Syahdan Z. Aziz from SSEK Law Firm
4.4
How is a discrimination claim processed?
Indonesia

Answer ... In practice, an employee who has experienced discrimination 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: Syahdan Z. Aziz from SSEK Law Firm
4.5
What remedies are available?
Indonesia

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

For more information about this answer please contact: Syahdan Z. Aziz from SSEK Law Firm
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: Syahdan Z. Aziz from SSEK Law Firm
Contributors
Topic
Labour and Employment
Article Author(s)
Indonesia