Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

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

1. The Committee notes that, in accordance with Ministerial Regulation No. PER-01/MEN/1986, minimum wages are fixed in line with the proposals of tripartite regional committees. It also notes that these regional minimum wage rates are reviewed annually with the aim of increasing them, in stages, to a level that will meet the living needs of workers and their families. Please provide information on the number of infringements detected by the labour inspectorate in the payment of regional minimum wage rates, together with information on the extent to which attention has been paid to the enforcement of equal pay between men and women.

2. In its previous direct request, the Committee noted that a study on wages had been conducted in 1989 by the Ministry of Manpower, in collaboration with the Demographic Institute of the University of Indonesia, with a view to ensuring a more effective implementation of the Convention. Please provide information on any follow-up action taken in pursuance of that study. The Committee also requests information on any other research concerning comparative wage rates between men and women.

3. Referring to its previous requests, the Committee hopes that the Government will supply, along with copies of the salary scales applying currently in the public sector, an indication as to the percentages of men and women employed at different levels in the various organs of that sector.

4. In its previous direct request, the Committee noted that the Final Report of an ILO/UNDP TSS1 Mission, "A Comprehensive Women's Employment Strategy" -- which was intended to serve as a contribution for the Five-Year Development Plan (REPELITA V1) -- states that the designation of a husband as head of household, as stated in the Marriage Act, can have negative implications for the receipt of employment-related benefits, such as allowances, housing, etc., by excluding women's entitlement (Part 6.1.4, paragraph 26). In this regard, the report cites a 1991 study which found that, in practice, women may not receive family allowances or benefits, as well as a number of legal provisions, including 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. The Committee again requests the Government to indicate whether action is being taken or contemplated to ensure that these and any other similar provisions are amended so as to ensure that women and their families are not discriminated against in respect of such employment-related benefits. Also, as requested previously, the Committee asks the Government to consider taking measures to foster a greater appreciation for the fact that women are often the primary or sole income-earners in a household, including by amending the Marriage Act.

5. As a general comment, the Committee requests 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 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.

6. The Committee notes that the Government is in the process of finalizing the draft Manpower Affairs Act, which will deal comprehensively with employment matters. The Committee hopes that the Government will take this opportunity to enshrine in legislation the principle of equal remuneration for men and women for work of equal value. It also hopes that specific provision will be made for the principle to apply to all of the elements of remuneration, as defined by Article 1(a) of the Convention.