Disabled persons are those whose prospects of securing, returning to, retaining and advancing in employment are reduced as a result of a physical, sensory, intellectual or mental impairment.
Under Indonesian law, employers must hire at least one disabled person for every 100 employees.
Disabled people who apply for work should not be subject to discrimination based on their disability; they should be evaluated based on their ability to perform the job. Disabled people that are hired must fulfil the requirements and qualification of the job.
Employers must accommodate disabled employees in accordance with the type and extent of their disabilities, including adjusting workplace access, tools and/or personal protective equipment if necessary.
A person’s disability must not be factored into decisions relating to working conditions, pay, opportunities for promotion, access to training, or termination.
Disabled employees who undertake workplace training are entitled to receive a certificate of competence.
Good Practice example: A garment factory searched for and recruited persons with disabilities to comply with their obligations, improve productivity and to signal to the community their stance on equal opportunity in employment. The company coordinated with the Local Social Affairs Office to locate people with disabilities who were interested in finding work. In job advertisements, the company stated “Persons with disabilities are encouraged to apply” to invite and persuade disabled applicants to seek employment with the company.
1. ILO Code of Practice: Managing Disability in the Workplace, ILO (2002);
2. Managing Disability in the Workplace: Company Practices, ILO (2010).
- DISABLED PERSONS ACT NO. 4 OF 1997 [UU PENYANDANG CACAT NO. 4 TAHUN 1997];
- MANPOWER ACT NO. 13 OF 2003, ARTS. 5-6, 67, 153(1)(I) [UU KETENAGAKERJAAN, NO. 13 TAHUN 2003, PASAL 5-6, 67, 153(1)(I)];
- RATIFICATION OF UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES, ACT NO. 19 OF 2011 [PENGESAHAN KONVENSI PBB MENGENAI HAK-HAK PENYANDANG DISABILITAS, UU NO. 19 TAHUN 2011];
- GOVERNMENT REGULATION ON EFFORTS TO IMPROVE SOCIAL WELFARE OF PEOPLE WITH DISABILITY, NO. 43 OF 1998, ARTS. 26-31 [PERATURAN PEMERINTAH TENTANG PENINGKATAN KESEJAHTERAAN SOSIAL PENYANDANG CACAT NO. 43 TAHUN 1998, PASAL 26-31];
- MOM DECREE NO. KEP-205/MEN/1999, ARTS. 4, 7, 9 [KEPUTUSAN MENAKER NO. KEP-205/MEN/1999, PASAL 4, 7, 9];MOM6-K-SEMOMT2002-001-Penempatan-Tenaga-Kerja-Penyandang-Cacat-di-Perusahaan-LG
- MOMT CIRCULAR LETTER NO. 01.KP.01.15.2002 [SURAT EDARAN MENAKERTRANS NO. 01.KP.01.15.2002].