Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Indonesia (Ratificación : 1958)

Articles 1 and 2 of the Convention. Gender pay gap. In response to the Committee’s previous comments, the Government informs that its efforts to reduce the gender pay gap and improve women’s participation in a wider range of jobs included the following measures: (1) awareness-raising and capacity building on equality and non-discrimination undertaken by the tripartite Equal Employment Opportunity Task Force, including to enhance the labour inspection; and (2) the provision of gender-responsive work facilities, including breastfeeding rooms, childcare services, healthcare facilities, under the Ministerial Regulation of the Ministry of Women Empowerment and Child Protection No. 5 of 2015 concerning the Provision of Gender-Responsive Work Facilities and Child-Friendly Workplaces, which complements the legal provisions under the Manpower Act concerning, among others, menstrual leave, pregnancy and childbirth leave, nursing breaks, working hour protection, and prohibition of termination of employment for pregnant, postpartum, miscarriage, and nursing female workers. The Committee also notes from the statistics provided by the Government on the average wage of workers and employees by field and gender that women’s average wage/salary/income was approximately 70 per cent of men’s in 2020 and 77.5 per cent in 2022. The Committee encourages the Government to pursue its efforts towards reducing the gender pay gap and asks it to continue to provide information on the measures taken to this end, including details on the measures specifically aimed at addressing vertical and horizontal occupational sex segregation. Please also provide up-to-date statistics on the distribution of men and women in the various economic sectors and occupations, including information on their corresponding earnings levels, in both the public and private sectors.

Article 2(2)(a). Discriminatory provisions with respect to benefits and allowances. The Committee recalls that for several years it has been referring to section 31(3) of Law No. 1/1974 concerning Marriage, which identifies the husband as the head of the family and may thus have a discriminatory impact on women’s employment-related benefits and allowances because women in the workforce are assumed to be either single or seeking a supplementary income and are often not entitled to family allowances. In relation to its previous comment on the issue, the Committee notes the Government’s indication that under section 6 of the Manpower Act and section 88 of Law No. 6/2023, women workers are entitled to family allowances and other related benefits without discrimination. It also reiterates that Law No. 1/1974 concerning Marriage is not taken into account in employment relationships. Concerning the measures taken to ensure that women do not face direct or indirect discrimination with respect to family allowances and employment-related benefits, the Government refers to: (1) sensitization through the Equal Employment Opportunity Guidelines to ensure that every worker has equal opportunities and treatment at work; (2) no discriminatory treatment under relevant Government regulations, especially those containing provisions on employment allowances; and (3) the stipulation, under section 2(2) and section 2(3) of Government Regulation No. 36/2021 concerning Wages, that every worker shall have the right to receiving equal treatment in the implementation of the wage system without discrimination, and shall have the right to the equal wage for the work of equal value. While noting this information, the Committee again invites the Government to assess, in collaboration with the social partners, women workers’ access in practice to family allowances and employment-related benefits, and to provide information in this regard.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s statement that minimum wage rates are based on objective criteria, free from gender bias, and are determined according to the economic and labour conditions in each region, with reference to data sourced from authorized statistical institutions, including data concerning economic growth and inflation. The Committee also notes the Government’s indication that “[t]he current regulations and laws guarantee that jobs in sectors with a high proportion of women are not undervalued compared to sectors where men are predominantly employed”. As the Committee previously recalled, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued, because there is a tendency to set lower wages in sectors predominantly employing women (General Survey of 2012 on the fundamental Conventions, paragraph 683). Noting the Government’s statement, the Committee therefore asks it to specify how in practice jobs in sectors with a high proportion of women are not undervalued compared to sectors where men are predominantly employed when determining minimum wages and to provide information on any objective job evaluation exercise undertaken in this context.