Equal Employment Opportunity in Indonesia

Penelitian

Published: 28/12/2005

Mapping Study on Sources of Information and Data on EEO & Gender Discrimination in the Private Sector

Background

Changing patterns of labor force participation in Indonesia and the rise of women in the labor force has brought issues of discrimination, employment opportunities, work and family issues, maternity and other protections, and representation to the fore. Sex discrimination at work can occur at all stages of employment, from pre-employment education and training, access to employment, terms and conditions of employment in the work place, promotion, to termination of employment.

Compared to men, women in Indonesia have lower labor force participation rates, higher un- and under-employment rates, lower wages, and over representation in the informal sector, and are segregated in low-skill, low-status occupations. Research findings on these and other outcomes point to the persistence of direct and indirect discrimination. Discrimination on the basis of race, religion, ethnicity, political views and disability also affect the labor market opportunities and outcomes of many women as well as men workers, although it remains to be proven whether the women in each discriminated group suffer more than the men.

The ratification of ILO Conventions 100 on Equal Remuneration (Law no.80, 1957) and 111 on Non-Discrimination in Occupation and Employment (Law no. 21, 1999) as well as the Manpower Act 13/2003, provides a basic platform for promoting Equal Employment Opportunity (EEO) in Indonesia. However, in reality many women still facing different treatment in the work place.

The Ministry of Manpower and Transmigration, has in fact administering relevant laws and issuing instruction concerning women workers. The Ministry has held a workshop in 2002 on Equal Employment Opportunities (EEO) and is working to develop a National Commission on Equal Employment Opportunities and its own internal structures for gender mainstreaming. It has also, in collaboration with the State Ministry for Women’s Empowerment and the Central Statistics Body (BPS), disseminated reports on gender issues. It is also developing (2003) a policy on EEO entitled “Strategic Thinking on Advancing Gender Equality in Indonesia: Ministry of Manpower and Transmigration Perspective”. On 8 December 2005 with the support of ILO the Ministry also launched a guideline on EEO, so it can govern the workers, employers and workers association on equal employment opportunity.

A program for Manpower Institution Protection and Development designed to, inter alia; increase the welfare of employees and their family. Activities include developing labor law enforcement, including job security, to prevent discrimination in practice against women and to make sure that women get their rights, either direct economic rights such as proper wages for proper livelihoods and career paths or indirect economic rights such as menstruation and labor leave. Another activity is to follow up ratified International Labor Organization (ILO) Conventions. The Law and Regulation Making program has as one of its main activities to ratify international conventions that are particularly related to women and labor rights protection.

This report is an initial assessment of equal employment opportunity or nondiscrimination efforts in Indonesia and aims to pursue a strategy for promoting Equal Employment Opportunity in the workplace in Indonesia. In line with this report, base line information on gender discrimination at all levels and the extent of gender discrimination in employment in Indonesia will also provided.

How to Understand this Report

Methodology
Section of the report

Basic Platform for Promoting Equal Employment Opportunity

1. Legal Protection of Workers
Protection for workers is not just a matter of legality. What is very important is the perspective and sensitivity of the protection itself. The basic principle that should be recognized is that workers deserve protection in form of employment law. The law should emphasize the respect of human rights and does not discriminate against sex, nation, race, class, ethnicity, religion, language, and skin color. Every public policy should have the goal to provide protection to the human rights of women, citizens, and children in general, and the human rights of workers in particular. Therefore, laws and regulations at all regional levels should protect workers.

The legal protection for workers should refer to national and international legislations that provide protection to the human rights of women, children, workers, and citizens. Below is a list of national and international legislations that should become references for the development of legal protection and basis of platform for promoting equal employment opportunities for workers.

National Legislations:

Indonesian constitutions (UUD 1945) stated that all Indonesian citizens have the rights to get a decent work to achieve the better condition of life.
Manpower Act No.13/2003, Chapter one, General Definition, Article 1.
Law No.7/1984 on anti discrimination against women

International Legislations:

ILO Underground Work (Women) Convention, 1935 (no. 45)
ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
Universal Declaration on Human Rights 1948
ILO Migration for Employment Convention 1949
Migration for Employment Recommendation 1949
UN Convention on the Political Rights of Women, 1953
International Covenant on Civil and Political Rights 1966
International Covenant on Economic, Social and Cultural Rights 1966
ILO Migrant Workers Convention 1975
ILO Recommendation Concerning Migrant Workers 1975
UN Convention Against Torture and Other Cruel, in human, or Degrading Treatment or Punishment 1984
UN Convention on protection of Migrant Workers and Their Family 1990
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
ILO Convention No.87 on Freedom of Association and Protection of the Rights to Organize
ILO Convention No. 100 on Equal Remuneration for men and women workers for work of equal value.
ILO Convention No. 105 concerning the abolition of Forced Labor.
ILO Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor.

There are enough references already for the government of Indonesia to start developing specific laws and regulations to provide legal protection and promote equal employment opportunities for workers. Yet, in reality many workers still facing different treatment in the work place. To date, more women are facing unequal opportunity and discrimination in the workplace compare to men.

2. Review of Related National Laws, Regulations, and Policies

2.1. Manpower Act No.13/2003 ¹
In a working condition, a human being, regardless of his/her professional choice and type of work, sex, and his/her social and economic status, education, race, ethnicity, and religion/belief, he/she should receive respect and protection for his/her human rights. The respect and protection are the basic universal principles that are covered in the UN Declaration on Human Rights, and in the Declaration of Anti Discrimination against Women (CEDAW) that spells out women’s civil, political, and economic rights. In Indonesia, the respect and protection are covered under the Manpower Act No. 13/2003. This Act is replacing the previous Labour Act No.12/1948.

In the Manpower Act No.13/2003, Chapter One, General Definition, Article 1, some important definitions on work and workers are formulated as follows:

Manpower affairs or labor (ketenagakerjaan) refer to every matter that is related to people who are needed or available for a job (tenaga kerja) before, during, and after their employment.
People available for a job or person available for a job (tenaga kerja) is every individual or person who is able to work in order to produce goods and/or services either to fulfill his or her own needs or to fulfill the needs of the society.
A worker (pekerja)/labourer (buruh) is every person who works for a wage or other forms of remuneration.
An employer (pemberi kerja) shall refer to individuals, entrepreneurs, legal entities, or other bodies that employ manpower by paying them wages or other forms of remuneration.

Thus, the Act defines labour as person who works for a wage or other forms of remuneration. Whilst, an employer refers to individuals, entrepreneurs, legal entities, or other forms of remuneration. The Act applies to Government and private enterprises (see article 1).

Significant provisions for women and employment include:

Article 5 stated that every worker have the same opportunity without discrimination or access to work. Therefore, this article provides ground to non-discriminatory practices.
Article 6 stated that every worker have the rights to equal treatment without discrimination from the employers. Thus, this article also gives the basis of non-discriminatory practices.
Article 76 (3) & (4) regulate employer or company obligation on night work performed by women. “Night time” is defined in this Article (3) & (4) as between 11 p.m. towards 7 a.m. The regulations stated that employer or company must protect the health and morality of female employees, by providing nutritious food, protect the morality and safety of the women workers and provide transportation for them.
Female employees are not obliged to work on the first and second day of their menstruation, if they feel ill or sick because of their period. Leave is contingent on the female employee informing her employer of her condition (see article 81 (1)). Here it is stated that the application of this article will be regulated in the working contract, company regulation or perjanjian kerja bersama.
The Act stipulates that women are entitled to a total of three months of full paid maternity leave taken in blocks of one and half months before and after confinement. In order to receive this entitlement, the employee must submit an application for leave and a medical certificate from a gynaecologist or midwife (see article 82 (1)). Leave can be extended based on production of a health certificate certifying that prolongation is necessary to protect the mother’s health. Women who have suffered a miscarriage are automatically entitled to one and a half months paid leave (see article 82 (2)).
Employers must also provide the necessary conditions to enable working mothers to breastfeed their infants, under circumstances provided the availability of place to breastfeed in the company’s building or will be based on the company’s regulations (see article 83).
Special provision is made for regulations governing maternity pay for government officials (see Government Regulations Nos. 4/1951 and 24/1976). Government officials are entitled to 4-6 weeks leave before childbirth and 6-8 weeks leave after confinement with full pay for up to three children, and without pay for subsequent births.
Every worker has the rights to received protection in relation to safety and healthy working condition, including protection and treatment based on human dignity and religious values (see article 86 (1 c)).

Article 192 is an elucidation of Act No. 13 of 2003 that bring the Manpower Act No. 13 of 2003 into operation. This article is an explanatory text that seeks to clarify the provisions of the Manpower Act (“the Act”). Relevant provisions concerning women workers may be summarised as follows:

Articles 5 and 6 of the Act have potential to shield women workers from discriminatory practices.
Article 81, 82 and 83 of the Act are designed to protect the health and safety of women and their children. In addition to providing time for women to nurse their children, the Government also had in mind the provision of creches where women workers could leave their children.
Article 86 of the Act can be treated as a protection for workers from violence against women, i.e. sexual harassment.

2.2. ILO Conventions 100 on Equal Remuneration (Law no.80, 1957) ²

This instrument is one of the fundamental conventions and known as Convention that placed the basis of Equal Remuneration for Men and Women Workers for Work of Equal Value.

For the purpose of this Convention, as stated in article 1;

The term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment;
The term equal remuneration for men and women workers for work of equal value refers to rates of remuneration established without discrimination based on sex.

Furthermore, the Convention or Law No. 80/1957 through its article (article 2) regulates;

The methods for determining rates of remuneration, as well as promote the methods and consistent with such methods. Each countries that had ratified this Convention has obligation to ensure the application of the principle of equal remuneration for men and women workers for work of equal value to all workers.
This principle may be applied to;

National laws or regulations;
Legally established or recognised machinery for wage determination;
Collective agreements between employers and workers; or
A combination of these various means.

The Convention, which had become Law No. 80/57, can be served as basis in promoting equal employment opportunity. As this Convention is one of the fundamental Convention to promote non-discriminatory practices in wages for workers.

2.3. ILO Conventions 111 on Non-Discrimination in Occupation and Employment (Law no. 21, 1999)³

This Convention concerning Discrimination in Respect of Employment and Occupation. As ratified by the government of Indonesia on June 7, 1999 this Convention became Law No.21/1999.

The term discrimination in this regulation includes;

Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
Such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations, where such exist, and with other appropriate bodies.
Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.
For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

As stated in article 2 of this Convention, each countries who had ratified the Convention bound to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect of work.

The Convention, which had become Law No. 21/1999, can be served as basis in promoting equal employment opportunity. Since, this Law designed to protect workers from discriminatory practices.

Selected Cases of Gender Discrimination at Work in Indonesia

The three regulations that had been discussed above show that these regulations may seen as a good start for equal employment opportunity in Indonesia. Yet, one question arises. Has the implementation of those regulations on workers (UU Tenaga Kerja No.13/2003, ILO C 100 and ILO C 111) had a big impact on workers’ condition?

1. Women as Subcontracting Workers

To begin with, articles in the Manpower Act No. 13 of 2003 are created based on the assumption that men and women workers have the same condition. Yet, compared to men, women in Indonesia have lower labor force participation rates, higher un- and under-employment rates, lower wages, and over representation in the informal sector, and are segregated in low-skill, low-status occupations. These realities came into existence are related to the fact that gender division of labor had dominantly influencing the situation of labor force participation in Indonesia. Women are more filled the low-skill and low-status type of works and very much in line with the construction of stereotype work of women and men. Thus; the situation where women and men came into the labor market is not neutral. There is already a construction of gender division of labor underlie the situation in the labor market beforehand. The reality that shows women are more in the low-skill and low-status work lead to the fact that many women are being marginalized, tend to become subcontracting workers and quite often become unpaid workers. Scott (1986) in Saptari and Holzner (1997) as quoted by Pakasi⁴ stated that there are four dimensions of marginalisation. Those are:

1. As process of aleniation from productive works

Women are alienated from paid work. According to Sakernas (2003), the majority of women workers are unpaid workers (41,3%) compared to men who become unpaid workers (8,3%).

Women who become unpaid workers often found in the subcontracting system. Subcontracting system can be in the form of collective work or providing workers based on written demand. Chotim (1994) in her research on subcontracting work in the production of batik in small scale batik industry in Pekalongan, Central Java, found that 70%-80% of the workers are women. It is found here that women (and children) work as unpaid workers. Employers regards the work done by women as additional work as support to their husband and families (Chotim, 1994).

The Manpower Act No. 13/2003 may fail to protect these women workers since the Act is more providing benefit to the company(ies) than the workers, as can be seen in article 66. Therefore, the numbers of women as unpaid workers will still be high. Handarini and Safaria (2003) in their research on the relationship among subcontracting informal workers and employers, showed that women workers in textile small scale industry in Majalaya work as collective work. Their income depends on the woven that they produced. Yet, the materials seldom given to the women workers, sometimes until months they did not get the materials. Thus, the women workers do not receive incomes. Workers Rights Consortium (2004) showed that there are still underpaid workers, below the minimum wage standard, for the outsourcing workers of PT. Panarub, Majalaya.

2. As process of marginalization from the labor market
Even after the Act No. 13/2003 come into action, there are still companies who placed women workers as buruh lepas. As showed by Sugiarti and Novi (2003) in their research on tea plantation workers in Rancabali and Ciwidey that the formal workers mostly are men (67%), while the women work as buruh lepas. 98% of men work as supervisor, while the women work as the tea peaker that do not have formal status.

Another illustration can be seen in working condition of women workers in one of the hospital in Jakarta. In general, the workers that are hired by PT ISS as the subcontracting transnational company of the hospital puts women workers in the lowest position of work. The women workers also do not have fixed and formal status. PT ISS highest position workers at this hospital is supervisor and dominated by men.

3. As process of feminisation or segregation

The women workers are more concentrated into certain type of work and segregated into type of work based on the construction of their characteristic which more feminine.

How does the Act No. 13/2003, particularly article 5 and 6, can provide protection to this process? The experience of women workers showed that they are concentrated into certain type of job and the Act No. 13/2003 can not touch or eliminate this process. The segregation of work tend to exist. Based on the research done by Sugiarti dan Novi (2003) on tea plantation workers in Rancabali and Ciwidey, showed that women workers are in the section of picking tea leaves (100%) and sorting the tea leaves (90%). While, men are in the section of processing.This division of work is based on gender division of labor. The sorting of tea leaves is consider as type of work that needs diligent and patience and women are consider to have those characteristic. While, the processing needs physical strength (carry tons of tea leaves and have to dry the leaves under the heat of sun). This type of work is considered suitable only for men.

4. As process of unequal access to economy

Unequality indicates by wage differences, different access to benefit and working facility, including access to training program and carrier development.

The research done by Sugiarti and Novi (2003) towards tea plantation workers in Rancabali and Ciwidey showed that there are wages differences between men and women workers. The differences is based on the perception that men works are more valued than women’s works. As an example, the work of processing is considered men’s work therefore it is more valued.

Based on the previous discussion it is seems that the Act No. 13/2003, particularly article 5 and 6, still could not eliminate the discriminatory practices that faced by women in the work place. Even, the ILO conventions no. 100 and 111 also have not yet bring an impact towards workers condition. The illustration above still showed that women workers still hinders to access same opportunity without experiencing any discrimination. It is seems that these regulations, particularly the Act No. 13/2003 fail to take into account the experiences of women for being marginalize from descent treatment at work.

2. Forms of Gender Discrimination at Work

As mentioned previously, protection for workers is not just a matter of legality. What is very important is the perspective and sensitivity of the protection itself. The basic principle that should be recognized is that workers deserve protection in form of employment law. The law should emphasize the respect of human rights and does not discriminate against sex, nation, race, class, ethnicity, religion, language, and skin color.

The Act No. 13/2003 defines labor as person who works for a wage or other forms of remuneration. Whilst, an employer refers to individuals, entrepreneurs, legal entities, or other forms of remuneration. The Act applies to Government and private enterprises (see article 1).

Therefore, according to the Equal Employment Opportunity guideline there are several aspects of employment that should be examined in order to guarantee the fulfillment of Equal Employment Opportunity. Those aspects are: (1) wages; (2) welfare facilities; (3) social insurance; (4) working condition – i.e. special norms for women workers protection, working infrastructure, regulation to prevent sexual harassment at work and (5) working requirements.

This section will provide the situation of employment in Indonesia based on Kompas newspaper clippings from 2001 to first week of December 2005, particularly with regards to the four aspects mentioned above. How far the discrimination in the workplace influences or has an impact on male and female workers?

1. Wages

There are two important aspects when discussing about wages of workers. Those are the perspective and sensitivity of the protection offer by the regulation that attempt to provide equal employment opportunity.

In general the wages for workers (industry, plantation, mining, etc) are below the requirement that already being decided by the regulation (minimum standard of wages). For example at the moment the minimum standard of wages is Rp. 759.953, – for DKI Jakarta. Yet, in reality the wages that being agreed by DKI Jakarta’s governor is Rp. 711.843, -. Meanwhile, the basic needs that have to be fulfilled (i.e. food, renting place for living, transportation, etc) are at least about Rp. 980.000,-.⁵

The regulation of wages seems apply the same for every workers. But, if we delve deeper there are several problems appear surrounding the issues of wages. Firstly, the perception that those women workers are single and only works to add family income. Meanwhile, many women work not only adding the family income but become breadwinner to their family. As we may see through the illustration below:

“Sugi (32), mother of two children, now has to work at a garment factory. Her wage plus overtime payment that she receive every month maximum is about Rp. 1.300.000,-. She admitted that this amount of money is far from enough for her expences. She said that she has to send some money for her children who live with her parents in the village. Before, Sugi can send the money every month, but now she can only send the money to the village once in every two months”.⁶

The situation that faced by Sugi above showed how hard she had to earn money for her own living as well as for her children’s. Consider as single Sugi’s expenses is Rp. 980.000,- every month. If, she received Rp. 1.300.000,- a month, she still have Rp. 320.000,- that she can save. But, her income would not be the same every months. Because, Sugi can not work over time all the time. Thus, Sugi has to depend on her saving in days where she do not take over time work. In this situation, Sugi has also to divide her saving for her children. The limited money that she have has to be shared for her own living and her children’s.

This perception may also lead to another condition that women workers can be paid less than the men workers, even the women workers can also be placed as unpaid workers. Handarini and Safaria (2003) in their research on the relationship among subcontracting informal workers and employers, showed that women workers in textile small scale industry in Majalaya work as collective work. Their income depends on the woven that they produced. Yet, the materials (for them to weave) seldom given to the women workers, sometimes until months they did not get the materials. Thus, the women workers do not receive incomes.⁷

Another example of how women workers can be paid less than men is in the informal sector. In Pabean⁸ market hundreds of women become porter. They work from dawn till late of night. Their fee are about Rp. 1000,- for every piece of 15–50 kilograms that they have to carry. Men, because they perceived as stronger than women, they are seen able to carry more stuff than women. Therefore, men consider to get pay more than women. Yet, people tend to forget that women and men depart from different starting point. Many women have to prepare domestic work before they go to work. So, they had used some of their energy to do other type of work. Whilst, men start to go to work with fresh energy to their working place. Thus, women start their day not as fresh as men.

Secondly, the term equal remuneration for men and women workers for work of equal value in ILO C 100 should also be read carefully. The sentence work of equal value is not problematic if its apply in a value free situation. Yet, the situation is socially constructed. Women and men are considered to have their own roles, therefore their own task or types of work. Thus, the sentence work of equal value may be problematic. Because, in a situation that gender division of labor is not being questioned by its society, the term equal remuneration for men and women for work of equal value will not be apply as its designed. A regulation that intended to bring about the nondiscriminatory practices. In a situation that gender division of labor is not being questioned by its society, people tend to see that its natural to place women and men works and its remuneration based on their gender division of labor. This condition may hinders the implementation of ILO C 100. Below is an illustration regarding this matter.

“Dede Koswara⁹ is a worker in a garment factory in Bandung, West Java. His wage is Rp. 642.590,- a month. According to Dede, a cost for living in a month with two children in Bandung he needs Rp. 1.200.000,-. Therefore, he said that he allow his wife to go for work in the same garment factory. Dede said that his wife earn a total of income slightly smaller than his. Moreover, according to him and also other women workers, Fitrianita consider this as normal, since they (wife) work to help their husband adding the family income”.

Dede and Fitrianita story above showed us how gender division of labor has dominantly influencing their thoughts and consider that division of labor as not hinder their employment opportunity.

2. Welfare Facilities¹⁰

Welfare is the key word for a good relationship between employer and workers. Factors that can influence the welfare among other are wages, social insurance, welfare facilities and cooperatives. It is the responsibility and rights of employer and workers to achieve the welfare facilities in the working environment.

The welfare facilities among others are:

Medical clinic with sufficient medicine and medical workers that get be accessed by all workers
Transportation services for all workers
Room for workers to pray (especially for Muslim workers)
Cooperative that can accessed by all workers
Accessed to all workers to get housing
Child care or a place to put the workers’ children while they are working.

These facilities should be given by all workers, men and women, based on nondiscriminatory values. What is the picture of these welfare facilities? Do the workers already get all the welfare facilities? Below is one illustration to show that employers do not provide child care or place to put the workers’ children while they are working.

“Dede¹¹ and his wife have to work everyday, otherwise their children will not be able to go to school and eat. Dede actually feel reluctant about the idea of his wife also working, because his children are neglected. They should also allocated Rp. 100.000,- a month from their limited income to their neighbor, so their children can be looked after”.

The problem that faced by Dede and his wife above also felt by many workers in other places in Indonesia. Dede and 5000 workers in West Java took action tried to voice out their concern regarding these welfare facilities, particularly on child care for the workers children. As stated by Dede “The (local) government does not care with the budget that workers had to spent in order to get persons taking care for the workers’ children, as an impact if both parents work”.¹²

Yet, the facilities of providing places for workers to take care their children is one aspect that the employer should fulfill for the workers’ need. A situation that actually should not have to happen after a year the Act no. 13/2003 came into operation on March 25, 2003.

3. Social Insurance

Social insurance is given to the workers in order to provide income, although the workers facing health problems, passed away or retired. This social insurance covers insurance for safety at work, pension, death and health insurance. Every employers should provide these insurances to all workers men and women. Particularly, health insurance may also be accessed by the workers’ spouse and children. What is actually the situation on this matter?

“A woman worker¹³ with tears in her eyes said that her income is not sufficient for her living. Imagine with small child under the age of five years old she needs to have money to buy powder milk and brings the child to the local medical clinic for vaccination. Moreover, if the child get ill she has to allocate at least Rp. 20.000,- to go to the local medical clinic since her employer do not provide any health insurance. Even not for her as the factory worker”.

The company or employer seems ignoring the importance of providing insurance for the workers as regulated in Law No. 3/1992 on Social Insurance of Workers. Many cases show that workers should look for themselves the health services that suitable to their economic condition. Many employers still do not provide such services for their workers. As we can see in Pontianak, West Kalimantan that BIG company (a timber company) still has outstanding payment Rp. 36,793,000,000,- of its workers’ social insurance money.¹⁴

Another example is Nike factory. The wages that this factory gives to its workers very good, even exceeded the minimum standard. Nike only gives high wages, but not providing other working facilities such as health insurance for its workers and their family. Thus, wage is not the only indicators to fulfill the welfare of the workers.¹⁵

4. Working Condition

At least there are three aspects that should be examined in order to see whether employer provide good working condition. Those are; (a) special norms for women workers protection; (b) working infrastructure; (c) regulation to prevent sexual harassment at work.

a. Special Norms for Women Workers Protection

In Indonesia, the respect and protection for female workers are covered under the Manpower Act No. 13/2003. Particularly, articles 5 and 6 of the Act have potential to protect women workers from discriminatory practices. Besides those two articles mentioned above, article 76 (3) & (4) regulate employer or company obligation on night work performed by women. “Night time” is defined in this Article (3) & (4) as between 11 p.m. towards 7 a.m. The regulations stated that employer or company must protect the health and morality of female employees, by providing nutritious food, protect the morality and safety of the women workers and provide transportation for them. Other articles besides the aforementioned articles are article 81, 82 and 83 of the Act. These articles are designed to protect the health and safety of women and their children. In addition to providing time for women to nurse their children, the Government also had in mind the provision of creches where women workers could leave their children. How these articles of Act no. 13/2003 being implemented? Below is one example on how these articles being implemented.

“Yunita,¹⁶ an administrative employee of a computer shop in Surabaya said that the shop never permit her to take menstrual leave, although she feel ill particularly on her second day of period”

b. Working Infrastructure

A working place should provide means of production that meet the safety standard, including providing toilet, electricity, changing room, resting room and dining room. Yet, in reality we can still find that these facilities are not provided.
Most companies or factories do not provide dining room, since most of them only providing money for the workers to buy food.

“We only received money to buy food for the amount of Rp. 500,-. What can you buy except crackers?”¹⁷

Usually, at noon around 12.00 o’clock all workers have their lunch break. By the sign of the bell ringing three times all workers will crushingly go out from the factory to buy food.

“Now the company provide us with money to buy food for the amount of Rp. 1.500,-. Although its increasing, there is no significant difference for the food consumption. What can you buy with Rp. 1.500,-?”¹⁸

c. Regulation to Prevent Sexual Harassment at Work

Article 86 (1c) of the Act can be treated as a protection for workers from violence against women, i.e. sexual harassment. In that article it is said that every worker has the rights to received protection in relation to safety and healthy working condition, including protection and treatment based on human dignity and religious values.

In order to prevent sexual harassment happened in the working place, companies or factories are required to establish a common agreement to discipline its workers. This common agreement should also follow with sanction according to the degree of the violation that occur.

One good example is what GAP¹⁹ company have done to prevent sexual harassment and other forms of violence against women. GAP produced a common agreement between GAP and its vendors in Indonesia to prevent the incident happen in the work place. GAP company establish an anti violence against women environment with its vendors. GAP will give sanction to the vendors if sexual harassment and other forms of violence against women happened in that place. They also agree on degree of sanction ranging from warning (peringatan) to termination of contract as GAP vendor.

d. Regulation on Working Requirements

In order to bring forward equal employment opportunity, companies or factories should avoid the interpretation of discrimination in contract or working agreement between the employer and workers. Therefore, in order to prevent discriminatory practices occur in the working place, employers should establish a company or factory regulation that promote explicitly nondiscriminatory practices.

Yet, in most working relationship women workers still treated as single and do not responsible as breadwinner. The impact of these perception which than resulted as the regulation of the company, at the end influence the company policy on wage of women workers. In all provinces in Indonesia, the wage of women workers are lower than the men. Approximately about 75% of the wages that men workers received.²⁰

It is quite difficult to monitor the regulation on working requirements, since the condition to treat women as single and do not responsible as breadwinner most of the time not appear in the form of written policy. But, distinctly clear if we look at the wages that the women workers received. They received lower wages than men workers. Therefore, currently there is quite a challenge in implementing equal employment opportunity policy.

e. Other forms of Gender Discrimination
1. Termination of Work

Termination at work is a condition that every workers want to avoid. Many people become workers without strong bargaining position. They tend to accept any condition that apply for them. Low wages, even lower than the minimum standard and no other welfare facilities being provided are the condition that almost every workers experienced and agree to accept it.

Workers, such as in the garment and shoes industry, are mainly women. Many factories prefer hiring women because of its stereotype character like dilligent and obidience. Women are more accepting their condition than men. Moreover, if women workers being terminated they will not protest. Clearly this is a situation that gives advantage to the factory.

According to Dita Indah Sari²¹ 80% of workers who faced termination of work are women workers. Usually, the factories or companies will terminate their women workers once the workers asking their maternity leave. For the factories or companies, they rather terminate the work of the pregnant workers to avoid paying them while taking the maternity leave. The employers preferred to hire fresh women workers, since many people are looking for a job even with limited working facilities.

Women workers are still being preferred, since its low risk if the employers terminating the work of women workers. This position links to the notion that women workers are not breadwinners. Therefore, the production cost of the companies or factories are low both financially and socially and this bring advantage to the employers side.

2. Women as Leaders

The majority of workers in Indonesia are women or about 60%²²of the total number of working forces in Indonesia. However, the hope of many workers towards the workers association to fight for the women worker’s rights still far from reality. This situation is related with two factors, which are as follow;
Women as leaders in the workers association only as formality to fulfill the quota numbers that the association had placed women in their organizational structure.

The women leaders in the workers association do not have comprehensive understanding on problems faced by women workers in Indonesia.
Therefore, the position of women workers are still being marginalized and equal employment opportunity policy should become one of the substance that workers association should advocate.

Conclusion

To begin with, this report is an initial assessment of equal employment opportunity or nondiscrimination efforts in Indonesia and aims to pursue a strategy for promoting Equal Employment Opportunity in the workplace in Indonesia. In line with this report, it also provided a base line information on gender discrimination at all levels and the extent of gender discrimination in employment in Indonesia.

In general it can be stated that the situation of discrimination in the workplace in the formal and informal sectors in Indonesia is still problematic. Indeed, there are three regulations namely Act No.13/2003, ILO C 100 (UU 80/1957) and ILO C 111(UU 21/1999) that may seen as a good start for equal employment opportunity in Indonesia.

Protection for workers is not just a matter of legality. What is very important is the perspective and sensitivity of the protection itself. The basic principle that should be recognized is that workers deserve protection in form of employment law. The law should emphasize the respect of human rights and does not discriminate against sex, nation, race, class, ethnicity, religion, language, and skin colour. Every public policy should have the goal to provide protection to the human rights of women, citizens, and children in general, and the human rights of workers in particular. Therefore, laws and regulations at all regional levels should protect workers.

The legal protection for workers should refer to national and international legislations that provide protection to the human rights of women, children, workers, and citizens.

The form of discrimination indeed is not only on the basis of sex or gender, but also cover discrimination based on age, race, ethnicity, religion, political opinion, and disability. Yet, statistics is more likely to be disaggregated by sex than by any other criteria such as race or religion. Thus, in the field of discrimination and equality, information on gender inequality is much more accessible than other types of discrimination. Why is the discrimination in the workplace in the formal and informal sectors occurring?

Compared to men, women in Indonesia have lower labor force participation rates, higher un- and under-employment rates, lower wages, and over representation in the informal sector, and are segregated in low-skill, low-status occupations. These realities came into existence are related to the fact that gender division of labor had dominantly influencing the situation of labor force participation in Indonesia. Women are more filled the low-skill and low-status type of works and very much in line with the construction of stereotype work of women and men. Thus, the situation where women and men came into the labor market is not neutral. There is already a construction of gender division of labor underlie the situation in the labor market beforehand.

To help us examined the situation of discrimination, we may see five aspects of working relations. Those are; (1) wages; (2) welfare facilities; (3) social insurance; (4) working condition – i.e. special norms for women workers protection, working infrastructure, regulation to prevent sexual harassment at work and (5) working requirements.

In examining the situation of discrimination in the working place, we have to be allert since the perception on women’s and men’s gender roles intertwine with the five aspects of working relation. The perception on gender roles tend to bring disadvantage impact to women than men. Women workers up till now still facing different treatment as workers compared to men only because they are women who perceived to have different gender roles as to men. Women who works considered as only adding family income, thus they are being placed as single. The impact of these notions, women workers always get low wages and not entitle to family benefits such as health insurance. This situation is quite alarming since all provinces in Indonesia showed that the wage that women workers received only up to (the maximum) 75% of the wage that men workers received. Thus, in the area of wages women workers still facing discrimination compared to men.

In the area of welfare facilities, i.e. the provision of child care by the working place, also still far reaching from what the regulation attempt to provide. Both, men and women workers, see the absence of child care facilities as an issues. However, in terms of whether this situation hinders the workers’ employment opportunities, only women workers who are facing the problems. This is due to the fact that child care fall into the category of women’s gender role. Women become overburden with the condition of work and taking care of their children. At this point, the absence of welfare facilities at the work place are more affecting the women workers’ employment opportunities than the men workers.

The situation of the provision of social insurance by the working place also illustrating the same picture for the women workers’ employment opportunities. The tendency of the working place for not fulfilling the needs of workers to get social insurance are also blockaded women workers’ employment opportunities. With their limited amount of money and burden to take care of their children, put women workers into a more disadvantage position than men. Men still can be free from the domestic work due to the construction of gender roles in the society.

The regulation namely Act no. 13/2003, ILO C 100 (UU 80/1957) and ILO C 111 (UU 21/1999) actually can be seen as a good starting point for the promotion of equal employment opportunity in Indonesia. Particularly, these regulations have provide means to protect women workers by fullfilling their reproductive rights, i.e. the rights to maternity leave and menstrual leave as well as get protection and treatment based on human dignity and religious values. Thus, as workers the women workers also get protection from their working place from violation act such as sexual harassement, etc. Yet, in reality these regulation have not being implemented well. Many women workers are in the insecure position, since employer will threaten them with termination of work if they ask for these reproductive rights leave. Thus, many women workers choose not to take these leaves, because they are afraid to loose their job.

Same cases also apply for the absence of provision regarding healthy environment and protection from sexual harassement. The regulations are exist, but the implementation still problematic. Therefore, women workers choose to be in the position of accepting all kind of situation than loosing their job. To some extent women workers are subordinate and having more insecure position compare to the men workers.

As mentioned previously, in most working relationship women workers still treated as single and do not responsible as breadwinner. The impact of these perception which than resulted as the regulation of the company, at the end influence the company policy on wage of women workers. In all provinces in Indonesia, the wage of women workers are lower than the men. Approximately about 75% of the wages that men workers received.

Despite gloomy picture on equal employment opportunity in Indonesia, there is effort being made by several actors. Such as, GAP company in providing regulation on anti violence against women for its vendor in Indonesia. GAP has been implementing this regulation since 2001. Another example is showed by association of workers in West Java due to advocate the need of child care facilities in the working place in 2004. There were about 5000 workers advocating this need. Indeed, the way to combat discrimination in the work place is still a long way to go. However, efforts no matter how small it is should be regarded and documented to help us all pursuing the better condition of equal employment opportunity in Indonesia. ****

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ILOLEX English display cgi C100
ILOLEX English display cgi C111
The information on pages 6-8 are indebted to Diana Pakasi’s paper on “Pengalaman Buruh Perempuan Subkontrak dan Kebijakan Ketenagakerjaan Indonesia” (forthcoming)
Kompas newspaper clipping (Kompas November 26, 2004; December 7, 2004; October 13, 2005; December 2, 2005)
Kompas newspaper clipping December 2, 2005.
See Diana Pakasi’s paper on “Pengalaman Buruh Perempuan Subkontrak dan Kebijakan Ketenagakerjaan Indonesia” (forthcoming)
Kompas newspaper clipping July 16, 2001
Kompas newspaper clipping December 16, 2004.
Panduan Kesempatan dan Perlakuan yang Sama dalam Pekerjaan di Indonesia, ILO Jakarta & Ministry of Manpower and Transmigration, October 2005.
Kompas newspaper clipping December 16, 2004.
Kompas newspaper clipping December 16, 2004.
Kompas newspaper clipping October 9, 2001; newspaper clipping (1) January 13, 2002; newspaper clipping (2) January 13, 2002; June 18, 2002; March 17, 2003; April 16, 2003.
Kompas newspaper clipping July 8, 2005.
Kompas newspaper clipping February 26, 2001
Kompas newspaper clipping July 16, 2005
Kompas newspaper clipping October 9, 2001
Kompas newspaper clipping June 18, 2002
Sita Aripurnami discussion with GAP, June 2001
Please refer to baseline information on gender discrimination at work of this report. A section prepared by BPS, December 2005
Kompas newspaper clipping February 26, 2005
Kompas newspaper clipping March 9, 2004

Soedarti Surbakti, Suharno, Edriana Noerdin & Sita Aripurnami
Biro Pusat Statistik & Women Research Institute
December 2005

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Equal Employment Opportunity in Indonesia

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