Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 2 of the Convention. Implementing the principle of equal remuneration for men and women for work of equal value through national legislation. The Committee recalls its previous observation in which it had noted the concerns expressed by the International Confederation of Free Trade Unions (ICFTU) regarding the over-representation of women in low-pay, casual and low-responsibility jobs in the public and private sectors, and the absence of an explicit prohibition of discrimination based on sex in Manpower Act No. 13/2003. The Government, in its reply, indicated that sections 5 and 6 (providing for equality of opportunity and treatment without discrimination) and section 92 (providing for objective criteria for determining wage scales and structures) of Manpower Act No. 13/2003 adequately protected women against discrimination, and that the prevention of wage discrimination was undertaken through the examination of company regulations and collective agreements. While noting the Government’s explanation, the Committee had nevertheless regretted the omission of a specific provision guaranteeing men and women equal remuneration for work of equal value, and noted that the former Manpower Act of 1997 had provided that “in determining wages the employers shall be prohibited to practice discrimination on whatever basis with respect to jobs of the same value”. It had requested the Government to consider amending Manpower Act No. 13/ 2003.

2. The Committee notes that the Government reiterates its previous explanations and states that, since Indonesia has ratified Convention No. 100, the provisions of the Convention are legally binding. The Committee recalls Paragraph 3(1), of Recommendation No. 90 which suggests that “where appropriate in the light of the methods used in operation for the determination of remuneration, provision should be made by legal enactment for the general application of the principle of equal remuneration for men and women workers for work of equal value”. The Committee further notes the Government’s confirmation that Government Regulation No. 8 of 1981 remains valid and that work agreements, company regulations or collective agreements should be established in accordance with section 3 of this Regulation which provides that, in determining wages, employers shall not discriminate between men and women for work of equal value. The Committee notes with interest the launching, in December 2005, of the Guidelines on Equal Employment Opportunities (EEO), which provide detailed guidelines on how to implement the principle of equal remuneration for men and women for “work of equal value” set out in the Convention. Based on the above, and as the Convention has now been ratified for almost 50 years, the Committee considers that it would improve significantly the protection provided under the Convention if Manpower Act No. 13/2003 were amended to give explicit legal expression to the principle of the Convention. It hopes that the Government will do so as soon as the occasion to undertake a revision of the Act arises. In the meantime, the Committee asks the Government to provide detailed information in its future reports on the practical application and enforcement of Government Regulation No. 8/198, and activities to promote and implement the EEO Guidelines, in cooperation with the workers’ and employer’s organizations.

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