Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Indonesia (Ratification: 1958)

Other comments on C100

Observation

Direct Request

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Gender wage gap and occupational segregation. The Committee recalls the wide gender wage gap noted in 2011 in the agriculture, forestry, hunting and fishing sector (48.4 per cent) and in the mining and quarrying sector (44.3 per cent) and the persistent occupational segregation with women being under-represented in higher paying jobs and senior management positions. The Committee notes from the ILO “Labour and social trends report 2013: Reinforcing the role of decent work in equitable growth” that there continues to be a discrepancy between the average nominal wages for men and women across all educational levels. The gender wage gap is particularly high among employees with a low level of education (35.54 per cent for those not completing primary school and 36.42 per cent for those completing primary school) as well as those with tertiary education (33.94 per cent for those with a university education). The report indicates that while some of the gap can be explained, part of the unexplained gap may suggest discrimination on the basis of sex. Regarding measures to reduce the gender wage gap, the Committee notes the Government’s indication that, with a view to strengthening previous institutional mechanisms to promote equal employment opportunity, the Ministry of Manpower and Transmigration (MoMT) adopted Decree No. 184/2013 of July 2013 establishing the National Level Equal Employment Opportunity (EEO) Task Force to conduct and promote the EEO programme. Regarding measures to improve women’s access to a wider range of jobs, the Government indicates in a general manner that the EEO Guidelines and the EEO programme have been disseminated and that training has been provided to industrial relations mediators and structural labour officers at central and provincial levels. The MoMT has developed, in cooperation with the ILO, a “Guide on equality and non-discrimination at work” to support the application of the Convention and provided training to provincial and local officials; a MoMT–ILO “Step-by-step guide on gender neutral pay equity for employers” will also be published soon. While welcoming the Government’s efforts to strengthen its institutional mechanisms to promote the EEO programme and conduct educational and capacity-building activities on equality and non-discrimination, including equal pay, the Committee considers that specific measures may be required to promote women’s access to a wider range of jobs, including those that lead to higher levels of pay, as a means to promote the application of the principle of the Convention. It refers in this regard also to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee hopes that the National EEO Task Force will be instrumental in the achievement of real progress in attaining the Convention’s objective, and asks the Government to provide information on its activities undertaken to formulate, promote and implement programmes aimed at reducing the gender pay gap and improving women’s participation in a wider range of jobs at all levels. Please continue to provide information on the educational and capacity-building activities undertaken for relevant government officials, workers and employers and their organizations on the principle of the Convention, and on their impact on effectively addressing discrimination in remuneration and achieving equal remuneration for men and women for work of equal value. Please continue to collect and provide statistics on the distribution of men and women in the various economic sectors and occupations, and their corresponding earning levels, in the public and private sectors.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the need to review or amend the Manpower Act (No. 13/2003) which only contains a general equal opportunity provision (section 5) and a general equal treatment provision (section 6), and in this regard provides less protection than the previous Manpower Act of 1997. Section 3 of Government Regulation No. 8 of 1981 concerning remuneration protection also limits the protection against discrimination in remuneration by the employer to equal work performed by men and women. The Committee recalls that these provisions, while important, are not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value” (see General Survey on fundamental Conventions, 2012, paragraphs 673–679). In this regard, the Committee welcomes the fact that, during the tripartite consultation and capacity-building workshops, held in 2013, on the new National EEO Task Force, participants confirmed the importance of adopting provisions that fully reflect the principle of the Convention, and of promoting objective job evaluation methods as a means to reduce the gender pay gap. It further notes that the Government has undertaken efforts to promote a better understanding of the concept of “equal value” through dissemination of and training on the EEO Guidelines and the development of the Step-by-step guide on gender neutral pay equity. In the context of the wide gender pay gap and the persisting occupational segregation, the Committee hopes that the National EEO Task Force will effectively address the gaps in the current legislation and urges the Government to take the necessary steps to review and amend the current legislation, including the Manpower Act (No. 13/2003) and Government Regulation No. 8 of 1981 in order to give explicit legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any consultations held with social partners in this regard.

Discriminatory provisions. The Committee previously expressed concern over the possible discriminatory impact of section 31(3) of the Marriage Act (No. 1/1974) on women’s employment-related benefits and allowances. The Committee notes the Government’s confirmation that, from a philosophical viewpoint and in the context of a strong patriarchal culture, the Act considers the man as the head of the family. The Committee asks the Government to take steps to ensure that women do not face direct or indirect discrimination in law or practice with respect to family allowances and employment-related benefits, and provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.