62.5
60.5
60.5
Limited Access to Decent Work
60
60
80
25
40
100
80
80
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §88, 88(A-E), 90(A-B), & 185 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No.6/2023); Government Regulation on Wages (No. 51 of 2023) | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §01(30), 54, 88(A), 92, 92(A), 94, 95(2), 157A & 169 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No.6/2023); Government Regulation on Wages (No. 51 of 2023) | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §77 & 78 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No.6/2023); Government Regulation on Wages (No. 51 of 2023) | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §85(3) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No.6/2023); Government Regulation on Wages (No. 51 of 2023) | No Change |
| Does the law require additional compensation for night work? | No | 0 | §76 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); §2-8 of the Decree No. 224 of 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §77 & 78 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); GR 35 of 2021 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §77 & 78 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); §26 of the Government Regulation 35 of 2021 | Score worsened due to a legislative reform |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §79(2) & 80 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Does the law require paid public holidays? | Yes | 1 | §85 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation No. 51/2023 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §79 & 84 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §01(14-15), 50-55, 63 & 66 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §13, 58 & 60 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §61, 151, 151A & 154A of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §01, 156-172 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Government Regulation (GR 35 of 2021) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §93(2c & 4e) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §83 & 100 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal prohibitions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §1(3) 82, and 93 of the Manpower Ac (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §1(3) and 82 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §1(3) and 82 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §53(1.e) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §86(2) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); §9, 12 & 14 of Work Safety Law 1970 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §87(1) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §76(2), 86 & 87 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Manpower and Transmigration Minister Decree (No. 224/2003) | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | 29-34 of the National Social Security System Act (Law No. 40 of 2004); Government Regulation (GR 44 of 2015) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §6, 9 & 42 of Social Security Law, Act No.40/2004; GR 45 of 2015 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Social Security Organizing Agency Act (Law No. 24/2011); GR 44 of 2015 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §46A-46E of Social Security Law, Act No.40/2004; GR 37 of 2021 | Score adjusted because of availability of a legal source |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §81 and 93(3) of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Social Security Law, Act No.40/2004; ISSA Country Profile for Indonesia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §28D (2) of the Indonesian Constitution 1945; §6 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §154A (1.g)of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); 2023 Guidelines (Decree No. 88 of 2023); §5, 6(c), 15(1)(c)(d), 67(1)(c) and 70(1)(d) of the Law on the Crime of Sexual Violence 2022 | Score improved due to a legislative reform |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5, 6 & 27 of the Indonesian Constitution 1945; §4(b), 6, 7, 12(3), 32 &153 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | Score improved due to a legislative reform |
| Does the law allow women to do the same job as men? | Yes | 1 | §27(2) & 28D(2) of the Indonesian Constitution 1945; §31 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Law, Act No.40/2004; ISSA Country Profile for Indonesia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §68-73 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023) | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §48 of the Law on Child Protection, 2002; §6 and 34 of the Act on the National Education System, 2003 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §74 & 76 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); Ministrerial Decree No. 235 of 2003 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §74 of the Manpower Act (Law No. 13 of 2003), amended by Job Creation Law (Law No. 6/2023); §1–6 and 17 of the Law on Trafficking in Persons, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §28E (3), Indonesian Constitution 1945; §01 & 104, Manpower Act, 2003; §14 & 29 of the Trade Union Act, 2000; CEACR C87 Obs 2023 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §119 of the Manpower Act, 2003 | No Change |
| Does the law provide the right to strike? | No | 0 | §1(23), 137-145 of the Manpower Act, 2003; Minsiterial Decree No. 232 of 2003; CEACR C98 Obs 2023; USDOS CRHRP 2023 (Indonesia) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | § 137,138, 144 & 186 of the Manpower Act 2003; ITUC Global Rights Index 2024 (Indonesia Profile) | No Change |