60.5
60.5
Limited Access to
Decent Work
60
80
80
25
40
100
60
60
100
0
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §88, 88(A-E), 90(A-B), & 185 of the Manpower Act, 2003; §43-44 of Regulation on Wages (GR 36 of 2021) |
| Does the law require regular payment of wages? | Yes | 1 | 01(30), 54, 88(A), 92, 92(A), 94, 95(2), 157A & 169 of the Manpower Act, 2003; Regulation on Wages (GR 36 of 2021) |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §77 & 78 of the Manpower Act, 2003; §26 of the Regulation on Wages (GR 36 of 2021) |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §85(3) of the Manpower Act, 2003; §1(1) & 11(b & c); GR 35 of 2021; GR 36 of 2021 |
| Does the law require additional compensation for night work? | No | 0 | §76 of the Manpower Act, 2003; §2-8 of the Decree No. 224 of 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §77 & 78 of the Manpower Act, 2003; §26 of the Regulation on Wages (GR 36 of 2021) |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §77 & 78 of the Manpower Act, 2003; §26 of the Regulation on Wages (GR 36 of 2021) |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §79(2) & 80 of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Does the law require paid public holidays? | Yes | 1 | §85 of the Manpower Act, 2003; Joint Decree No. 281 of 2021 and No. 1 of 2021 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §79 & 84 of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §01(14-15), 50-55, 63 & 66 of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §13, 58 & 60 of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Does the law require a 30-day notice before contract termination? | No | 0 | §61, 151, 151A & 154A of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | §01, 156-172 of the Manpower Act, 2003; Government Regulation (GR 35 of 2021) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §93(2c & 4e) of the Manpower Act, 2003 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §83 & 100 of the Manpower Act, 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal prohibitions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §1(3) 82, and 93 of the Manpower Act, 2003 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §1(3) and 82 of the Manpower Act, 2003 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | No | 0 | §1(3) and 82 of the Manpower Act, 2003 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §53(1.e) of the Manpower Act, 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §86(2) of the Manpower Act, 2003; §9, 12 & 14 of Work Safety Law 1970 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §87(1) of the Manpower Act, 2003 |
| 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, 2003; Manpower and Transmigration Minister Decree (No. 224/2003) |
| Does the law provide for employment injury benefit? | Yes | 1 | 29-34 of the National Social Security System Act (Law No. 40 of 2004); Government Regulation (GR 44 of 2015) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §6, 9 & 42 of Social Security Law, Act No.40/2004; GR 45 of 2015 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | Social Security Organizing Agency Act (Law No. 24/2011); GR 44 of 2015 |
| Does the law provide for unemployment benefit? | No | 0 | §46A-46E of Social Security Law, Act No.40/2004; GR 37 of 2021 |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §81 and 93(3) of the Manpower Act, 2003 |
| Does the law provide for invalidity benefit? | Yes | 1 | Social Security Law, Act No.40/2004; ISSA Country Profile for Indonesia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §28D (2) of the Indonesian Constitution 1945; §6 of the Manpower Act, 2003 |
| Does the law prohibit sexual harassment in employment? | No | 0 | §154A (1.g)of the Manpower Act, 2003; §281 & 285 of the Penal Code 1982; 2011 Guidelines |
| 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, 2003 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §27(2) & 28D(2) of the Indonesian Constitution 1945; §31 of the Manpower Act, 2003 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Social Security Law, Act No.40/2004; ISSA Country Profile for Indonesia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §68-73 of the Manpower Act, 2003 |
| 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 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §74 & 76 of the Manpower Act, 2003; Ministrerial Decree No. 235 of 2003 |
| Does the law prohibit forced labour? | Yes | 1 | §74 of the Manpower Act, 2003; §1–6 and 17 of the Law on Trafficking in Persons, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §119 of the Manpower Act, 2003 |
| Does the law provide for the right to strike? | No | 0 | §01(23), 137-145 of the Manpower Act, 2003; Minsiterial Decree No. 232 of 2003; USDOS CRHRP 2021 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §144 & 186 of the Manpower Act 2003 |
