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Indonesia LABOUR LAW SURVEY
(as reported on Asia Women Workers Newsletter January 1997)
2. Minimum Wage
Different regions in Indonesia have different minimum wage, varies from US$1.39 to 3.19 per day. Minimum wage includes basic wage, permanent allowance and bonus
3. Night Work for Women Workers
- Women workers shall not be permitted to perform night work (6.00pm to 6.00am) unless the work, according to its nature, place and conditions are suitable for women or where the employment of women at night cannot be avoided for reasons of public interest and social welfare, e.g. nurses in hospital
- Employers need to apply for permission from the Department of Manpower if they require women workers to work at night
- If women workers have to work at night, the employers need to provide special measures to ensure their health and safety
4. Overtime Work for Women Workers
No legal stipulation
5. Menstruation Leave - Wheather need special application
Two days per month
- Certifying letters from doctor or factory's doctor. In some cases, women workers need to prove it, e.g. by showing their sanitary napkins
6. Maternity Protection:
6.1. Length of leave
Three months of maternity leave (one and a half month before and after)
6.2. Payment during leave
Same as minimum wage (including basic wage, allowances and bonus), but in practice, only get the basic wage
6.3. Who pay for it
Employer pay
6.4. Any laws prohibiting employers from dismissing the pregnant women workers
Employer is not allowed to dismiss women workers due to their marriage, pregnancy, or baby-delivery
6.5. Any laws allowing women workers who are more than six monthsÕ pregnancy shift to lighter work
No
6.6 Any other provisions
According to the government's policy on family planning programme, the paid maternity leave is limited to two children.
7. Comments on the Overall Implementation of the Labor Laws
- It is poorly implemented. For example, implementation of new minimum wage regulation, almost in all factories, workers have to take actions to force the employers to follow
- Although there is Equal Employment Opportunity Law, there are many discrimination in the workplace, such as wages, opportunity of job promotion, etc
- The decision of minimum wage is based on the minimum life needs which is gender based, because the minimum life need is based on the need of men workers only
- The new dismissal regulation is favourable to the employers. It states that "to be absent for five days continuosly is assumed that worker resign". This regulation is usually used both by employer and Department of Manpower to cut off the workers' action by terminating worker activists
- Government tries to eliminate women workers' rights, such as making the procedure and requirement easier for employing women at night work under the slogan of womenÕs emancipation
8. Ratification of selected ILO Conventions (45,87, 89, 98, 100, 103, 111, 122, 140, 142, 156, 171, 177)
45, 98, 100
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