Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

1. The Committee notes that Act No. 25 of 1997 on Manpower has been adopted and that its implementation has been deferred for two years (until approximately October 2000). The Committee notes with interest the Government's indication that the principle of the Convention is enshrined in section 113, paragraph (2), of the Act which states that "in determining wages, the employers shall be prohibited to practise discrimination on whatever basis with respect to jobs of the same value", and that section 187 penalizes practices of discrimination in the determination of wages pursuant to section 113, paragraph (2). It further notes that sections 5 and 6 of the Manpower Act provide for equal opportunities and equal treatment without discrimination in employment to every person. The Committee must draw the attention of the Government to the omission of any grounds upon which discrimination is prohibited in the above provisions. It requests the Government for clarification of the wording "to practise discrimination on whatever basis" and, in particular, to indicate whether it includes discrimination between men and women. The Government may wish to consider clarification of this terminology in any further revision of this text.

The Committee further notes that according to section 1, paragraph 23, of the Manpower Act, wages are defined as "what a worker shall be entitled to, received as, and expressed in the form of money as compensation from the employer to the worker, for a particular job or service which has been or shall be done, and determined and paid according to an employment contract, a collective agreement or legislation, including allowances for the worker and his family". The Committee requests the Government to specify, in its next report, whether this definition could cover any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. Further to the above, the Committee notes the Government's statement in its report that receipt of employment-related benefits depend on the regulations of the respective companies. In this regard, the Committee notes that according to section 39(1), et seq., of the Manpower Act, company regulations have to be legitimized by the Minister of Manpower, and shall include the rights and obligations of the employer and workers, and the terms of employment. The Committee requests the Government to indicate whether any measures could be taken in pursuance of sections 39(1) and 42(1) of the Act to ensure that women and their families are not discriminated against in respect of employment-related benefits. The Committee further notes the Government's statement that no specific regulations have yet been laid down by the Government to amend paragraph 31(3) and (4) of the Marriage Act, Ministerial Decree No.02/P/M/ Mining/1971, Act No. 33 of 1947 on accidents, Government Decree No.37 of 1967 on the wages system for employees in state companies and the Decree of the Minister of Agriculture, No. 418/Kpts/Ekku/5/1981, and other similar provisions which contain disparate treatment between men and women in relation to the payment of employment-related benefits. The Committee therefore reminds the Government that according to Article 1(a) of the Convention, remuneration also includes employment-related benefits and requests the Government to indicate whether any measures are being taken or contemplated to ensure that the above-mentioned and any other similar provisions are amended, so as to ensure women and their families are not discriminated against in this regard. Also, as requested in its previous comments, the Committee asks the Government to consider taking measures to foster greater appreciation of the fact that women are often the primary or sole income-earners in a household, including amendments to the Marriage Act.

3. Further to its previous request for information on any follow-up action taken in pursuance of the study conducted on wages by the Ministry of Manpower and the Demographic Institute of the University of Indonesia in 1989, the Committee notes from the Government's statement in its report that no distinction of wages exist between men and women for work of equal value. However, statistical information (annual National Labour Force Survey -- SAKERNAS) on male and female wage earnings included in a joint ILO/UNDP study on "Employment Challenges of the Indonesian Economic Crisis" undertaken in June 1998, indicates that, despite a substantive decrease in the female/male wage gap from 57 per cent in 1989 to 69 per cent to date, the wage gap continues to be significant.The Committee also understands from the statistical information on the female/male nominal wage differentials by education that the gender difference is much more pronounced among the educated youth. The positive trend of a narrowing wage gap observable to upper secondary schooling (rising from 55 per cent among those who had at the most completed primary education, to 68 per cent among lower secondary-school graduates and further rising to 79 per cent among upper secondary-school graduates) is not carried through among those who completed post-secondary education. Among this group, women's wages constitute only 70 per cent of those of men. The Committee would be grateful if the Government, in its next report, could supply full statistical and other information in accordance with the Committee's general observation under this Convention. The Committee would also be grateful if the Government would provide information on any follow-up action taken with regard to the above wage differentials between men and women, including any research on comparative wage rates between men and women.

4. Further to the Committee's comment on the enforcement by the labour inspectorate of equal pay of minimum wages between men and women, the Committee notes the Government's statement in its report that regional minimum wages are valid to all workers of a certain region and do not differentiate between either male or female workers. The Committee however requests the Government to continue to provide information, in case of infringements of regional minimum wage rates detected by the labour inspectorate, on the extent to which these infringements have been related to violations of the principle of equal pay for work of equal value for men and women. The Committee also requests the Government to indicate, in its next report, the measures taken or envisaged to ensure that the labour inspectorate will pay particular attention to the enforcement of the principle laid down in section 113, paragraph 2, of the 1997 Manpower Act, once it has come into force.

5. The Committee must also repeat its request to the Government to provide, in its next report, sufficient information to enable the Committee to assess the implementation of the Convention in practice. Relevant information in this regard might comprise studies on the employment conditions of women undertaken by the Ministry of the State for the Role of Women or any other agency, and information on any initiatives taken by the Government or by organizations of employers and workers to promote either equality of opportunity and treatment in employment between the sexes generally or on measures to ensure and promote, in particular, the principle of equal remuneration for work of equal value for men and women. Studies or initiatives undertaken in response to the impact of the current economic crisis would be particularly useful and relevant.