2.2. Race, Religion and Political Orientation

9 Oct 2012

A person’s race, colour, ethnicity, religion or political orientation must not be factored into decisions relating to hiring, working conditions, pay, opportunities for promotion, access to training, disciplinary action or termination of employees.

The prohibition of discrimination on religious grounds covers religious practices including prayer, dietary and clothing requirements, and religious holy days.

Workers should be free to practice their religion and should not face negative repercussions at work for doing so, as long as this does not disproportionately impact the requirements of the job or operational needs.

Good Practice example: Management set up a prayer room in the factory to accommodate workers whose religious practices include praying during working hours, so workers are free to practice their religion at work.

LEGAL REFERENCES:

INDONESIAN CONSTITUTION 1945, ARTS. 28(I), 29 [UNDANG-UNDANG DASAR 1945 REPUBLIK INDONESIA, PASAL. 28(I), 29];

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 (C111), UU NO. 21 TAHUN 1999];

MANPOWER ACT, NO. 13 OF 2003, ARTS. 4-6, 153 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 4-6, 153].

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