2.1. About Discrimination

Every person is entitled to equal opportunity and equal treatment in employment, without discrimination. Employed workers, as well as job applicants, must not be subject to discrimination.

Discrimination includes distinctions based on race, ethnicity, colour, sex, sexual preference, religion, political orientation, disability or HIV/AIDS status that result in unequal treatment.

Discrimination may be direct or indirect. It does not have to be intentional. Indirect discrimination refers to practices that appear to be neutral, but result in unequal treatment of people with certain characteristics.

Harassment is considered discrimination when it is based on discriminatory grounds.

Indonesia has ratified the two core ILO conventions addressing discrimination in respect of employment and occupation: Equal Remuneration Convention No. 100 of 1951 (C100) and Discrimination (Employment and Occupation) Convention No. 111 of 1958 (C111).

Example: During the recruitment process, management should not ask irrelevant personal details about the prospective worker, such as where they or their family come from, their religion, whether they are married, pregnancy status, or whether they have children. Even if this information is only used for light conversation, and it is not intended to be used to discriminate against people with certain characteristics, it may give prospective workers that impression, and it is therefore not appropriate.

LEGAL REFERENCES:

1. INDONESIAN CONSTITUTION 1945, ART. 28(I) [UNDANG-UNDANG DASAR 1945 REPUBLIK INDONESIA, PASAL 28(I)];
2. RATIFICATION OF ILO CONVENTION ON EQUAL REMUNERATION FOR MEN AND WOMEN WORKERS FOR WORK OF EQUAL VALUE (C100), ACT NO. 80 OF 1957 [PERSETUJUAN KONVENSI ILO MENGENAI PENGUPAHAN BAGI LAKI-LAKI DAN WANITA UNTUK PEKERJAAN YANG SAMA NILAINYA (K100), UU NO. 80 TAHUN 1957;]
3. RATIFICATION OF ILO CONVENTION ON DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION (C111), ACT NO. 21 OF 1999 [PENGESAHAN KONVENSI ILO MENGENAI DISKRIMINASI SEHUBUNGAN PEKERJAAN DAN JABATAN (K111), UU NO. 21 TAHUN 1999];
4. MANPOWER ACT, NO. 13 OF 2003, ARTS. 4-6, 153 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 4-6, 153];