Direct Request (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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Article 1(a) of the Convention. Additional allowances and employment-related benefits. The Committee recalls that “wage” is defined by section 1(3) of the Manpower Act No. 13/2003 and that the Act does not provide a definition of “remuneration”. In reply to the Committee’s previous comments, the Committee notes the Government’s indication that “remuneration” refers to a combination of the main wage, permanent allowances and temporary allowances, and that honorarium, tips or company’s profit share are not included in the remuneration component. The Committee recalls that in order to fully apply Article 1(a) of the Convention, the term “remuneration” should be defined broadly 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 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. Discriminatory provisions. The Committee notes the Government’s indication that Decree No. 37 of 1967, which was amended by Government Regulation No. 24 of 1969, was enacted when the State Owned Plantation and the Limited Liability Plantation Company (PNP–PTP) were still under the Department of Agriculture. However, the PNP–PTP are currently under the Ministry of State Owned Enterprise and the Regulation has been declared null and void. The Committee asks the Government to indicate whether any measures have been taken to revise or repeal Decree No. 418/KPTS/EKKU/5/1981, which also provided for disparate treatment between men and women in relation to the payment of employment-related benefits.

Minimum wages. The Committee recalls the Regulations of the Minister of Labour No. PER-01/MEN/1999 concerning the minimum wage and the Resolution of the National Wage Council No. 01/DEPENAS/XII/2006 concerning the procedures of the National Wage Council. The Committee notes the Government’s indication that the sectorial wage system is governed by a bipartite process but that the Government has taken general measures to develop guidelines for gender-neutral job evaluation methods for employers, and disseminated the Equal Employment Opportunity (EEO) Guidelines involving tripartite constituents and other stakeholders. The Committee draws attention to the tendency to set lower minimum wages in sectors predominantly employing women and that rates for sectorial minimum wages should be fixed free from gender bias (see General Survey on fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on any steps taken to promote the use of objective job evaluation methods and the Guidelines on Gender Neutral Pay Equity in the context of bipartite negotiations on minimum wage rates for the different sectors. Recalling Decree No. 107 of 2004, the Committee asks the Government to provide information on any recommendations made by the National Wage Council to ensure the application of the principle of equal remuneration for men and women for work of equal value in remuneration policies.

Article 3. Objective job evaluation. The Committee notes with interest that the Ministry of Manpower and Transmigration has worked with the ILO to develop the “Step-by-step gender neutral pay equity guidelines for employers in Indonesia”, and that in this context consultations and capacity-building workshops have been organized to raise awareness about the concepts and principles of pay equity and methods for objective job evaluation. The Committee asks the Government to provide information on measures taken, including by the National EEO Task Force to promote the use of the Step-by-step gender neutral pay equity guidelines for employers among workers and employers and their respective organizations at central and regional levels, and the number of enterprises adopting such methods. Recalling the important role of the Government in ensuring the application of the principle of the Convention in the public sector, the Committee also asks the Government to provide information on any measures taken or envisaged to promote objective job evaluation methods, including the guide, in the public sector, and the results achieved.

Parts III and IV of the report form. Enforcement. The Committee has been concerned about the absence in the Government’s report of information on cases of wage discrimination based on sex. The Committee notes the training activities conducted with labour inspectors and the drafting of a training manual on the promotion of gender equality and non-discrimination for the Indonesian labour inspectorate, and refers in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide further information on the awareness-raising and capacity-building activities conducted for the labour inspectorate, and the results achieved, with respect to promoting equal remuneration for men and women for work of equal value. Please also provide information on the nature and number of cases concerning wage discrimination detected by or reported to the labour inspectorate, and addressed by the courts, and any measures taken to collect and disseminate information on cases concerning wage discrimination to the wider public as a means of awareness raising on the principle of the Convention.