Men and women have equal rights based on Indonesia’s Labour law and constitution.
A person’s sex must not be factored into decisions relating to hiring, working conditions, pay, opportunities for promotion, access to training, or termination.
Employers must observe and implement the principle of equality between men and women, and cannot discriminate on the basis of sex. Also:
- Employers must provide equal remuneration for male and female employees for work of equal value.
- Employers must not terminate or force employees to resign because they are pregnant, on maternity leave, or based on their marital status.
- Employers must not require women to undergo pregnancy tests as part of the hiring process or at any time during employment, unless the work presents a recognized significant risk to the health of the woman and child based on consultation with HIPERKES-certified doctors (doctors who are certified in industrial hygiene, ergonomics, occupational safety and health).
Sexual harassment in the workplace is prohibited. Sexual harassment is verbal or physical conduct of a sexual nature affecting the dignity of women or men, which is unwelcome, unreasonable and offensive to the recipient.
To constitute sexual harassment in the workplace, employees must perceive that their reaction to the conduct may affect decisions regarding their job, or be a factor in evaluating job performance. Conduct that creates a hostile or inappropriate working environment also can constitute sexual harassment.
Sexual harassment can involve conduct such as:
- Unwelcome touching, hugging or kissing;
- Staring or leering;
- Suggestive comments or jokes;
- Unwanted invitations for sex or persistent requests to go out on dates;
- Intrusive questions about another person’s private life or body;
- Insults or taunts of sexual nature;
- Behavior which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
- CRIMINAL CODE, ART. 281 [KITAB UNDANG-UNDANG HUKUM PIDANA, PASAL. 281];
- 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 YANG SAMA BAGI BURUH LAKI-LAKI DAN WANITA UNTUK PEKERJAAN YANG SAMA NILAINYA (C100), UU NO. 80 TAHUN 1957];
- RATIFICATION OF ILO CONVENTION ON DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION (C111), ACT NO. 21 OF 1999 [PENGESAHAN KONVENSI ILO MENGENAI DISKRIMINASI DALAM PEKERJAAN DAN JABATAN (C111), UU NO. 21 TAHUN 1999];
- HUMAN RIGHTS ACT NO. 39 OF 1999, ART. 1 [UU HAK ASASI MANUSIA NO. 39 TAHUN 1999];
- MANPOWER ACT NO. 13 OF 2003, ARTS. 5-6, 153 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 5- 6, 153];
- MOMT CIRCULAR NO. SE.03/MEN/IV/2011.
- Guidelines on Sexual Harassment Prevention at the Workplace, Ministry of Manpower and Transmigration (2011);
- Guidance for Employers: Sexual Harassment Prevention at the Workplace, Indonesian Employers’ Association (2012) [Panduan Bagi Para Pemberi Kerja: Pencegahan dan Penanganan Pelecehan Seksual di Tempat Kerja, APINDO (2012)];
- Better Work Model Policy on Sexual Harassment.