Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C100

Observation

Direct Request

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Article 1(a) of the Convention. Additional allowances and employment related benefits. The Committee recalls that the Government previously referred to the concept of “additional emoluments paid incidentally” and stated that it was not included as a component of “wage” as defined by section 1(3) of the Manpower Act No. 13/2003. The Government had indicated that “additional emoluments paid incidentally” encompassed emoluments provided on an occasional basis, such as tips or shares in profits of the company. The Committee has been asking the Government for many years to provide information on measures taken or envisaged to ensure application of the principle of equal remuneration for work of equal value with respect to all relevant elements of remuneration. The Committee notes that the Government refers to section 1(3) of the Manpower Act No. 13/2003, which defines a worker/labourer as “any person who works or receives wages or other forms of remuneration”. However, the Committee notes that no definition is provided of “remuneration”. The Committee recalls that in order to fully apply Article 1(a) of the Convention, the term “remuneration” should be defined with rigour and should include not only the ordinary, basic or minimum wage or salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee asks the Government to provide specific information on what elements are included in “other forms of remuneration” and to indicate how it is ensured in practice that the principle of equal remuneration for work of equal value applies to all forms of remuneration, including additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment.

Article 2. Minimum wages. The Committee recalls its previous comments noting the Regulations of the Minister of Labour PER-01/MEN/1999 concerning the minimum wage, and the resolution of the National Wage Council 01/DEPENAS/XII/2006 concerning the procedures of the National Wage Council. The Committee notes that the Government does not provide information on specific means to ensure that the criteria used for determination of minimum wages, in particular sectoral minimum wages, are free from gender bias. The Government merely states that one of the factors taken into consideration to determine the minimum wage is the need for decent living for workers without discrimination between men and women. The Government also refers to Decree No. 107 of 2004 concerning, inter alia, the competence of the National Wage Council which provides recommendations to the Government in the formulation of remuneration policies and the development of a national remuneration system. The Committee asks the Government to provide information on the measures taken or envisaged by the National Wage Council to develop a national remuneration system and to indicate how the principle of equal remuneration for men and women for work of equal value is promoted through these measures. The Committee also asks the Government to indicate whether the tripartite task force on the dissemination of the Equal Employment Opportunity (EEO) guidelines has taken any measures to promote and ensure the application of the guidelines in the process of adopting sectoral minimum wage rates.

Article 3. Objective job evaluation. The Committee notes that the Government has conducted technical guidance for the development of wage scale structures and on the application of EEO guidelines in this process, to employers, workers and government officials. The Committee notes, however, that the guidelines on the formulation of the structure and scale of wages, annexed to the Government’s report, do not appear to provide information on specific means to ensure full application of the principle of the Convention. The Government does not provide information on measures taken or envisaged to promote objective job evaluation methods. The Committee recalls that the criteria used to determine wage scales and to evaluate jobs must be entirely objective and non discriminatory, in order to avoid the assessment being tainted by gender bias, which presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee once again asks the Government to indicate any steps taken or envisaged to promote the objective job evaluation methods prescribed in Decree No. KEP-49/MEN/IV/2004. The Committee also asks the Government to provide specific information on measures taken to ensure that the criteria used to determine wage scales are free from gender-bias and to indicate how the EEO guidelines are used to promote objective job evaluation methods and the use of objective criteria in wage determination.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls that the Decree of the Minister of Manpower and Transmigration KEP-48/MEN/IV/2004 concerning the procedure for the making and legalization of company regulations and collective labour agreements provides a mechanism for the Government to examine compliance with non discrimination principles. The Committee notes the example of an anti discrimination clause contained in company regulations and collective labour agreements provided by the Government. The Committee asks the Government to provide information on any reviews of company regulations and collective agreements carried out under Decree KEP-48/MEN/IV/2004, and to indicate whether any cases of non-application of the principle of the Convention have been detected. Please also provide information on any steps taken by the task force on the application of the EEO guidelines, including measures taken to ensure that company regulations and collective agreements do not apply discriminatory provisions.

Parts III and IV of the report form. Application in practice. The Committee notes that guidelines have been issued by the Government aimed at promoting the elimination of discrimination based on sex in the workplace. The Committee also notes that the labour inspectorate has conducted awareness raising activities. The Committee notes that no information was provided on cases of wage discrimination based on sex. The Committee recalls that the absence of or a low number of complaints does not necessarily mean that wage inequalities do not exist in practice, but may indicate a lack of an appropriate legal framework, a lack of awareness of the principle of the Convention, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to provide more specific information on the awareness-raising activities conducted by the labour inspectorate and to indicate how in practice it promotes equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any training envisaged or organized to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other competent officials to detect violations of the principle of the Convention.