LRI 2022 Indonesia - CLR

Indonesia

2022 Score

60.5

Stagnant

2020 Score

60.5

Rating

Limited Access to
Decent Work

Fair
Wages

60

Decent
Working Hours

80

Employment
Security

80

Family
Responsibilities

25

Maternity
at Work

40

Safe
Work

100

Social
Security

60

Fair
Treatment

60

Child &
Forced Labour

100

Trade
Union

0

Fair Wages

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

Decent Working Hours

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)

Employment Security

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)

Family Responsibilities

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

Maternity at Work

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

Safe Work

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)

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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