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The Amir Hamzah, SH & Rekan has successfully represented employees who have been the victims of discrimination. Conversely, the attorneys at Amir Hamzah, SH & Rekan have successfully defended employers who have been falsely charged with discriminating against employees. The following are the types of unlawful discriminatory practices that the attorneys at Amir Hamzah, SH & Rekan have zealously opposed and successfully litigated on behalf of their clients:
The Indonesian Constitution supports the same wage principle for the same job. The Constitution states that all persons are entitled to obtain employment and receive wage and fair treatment in employment.
The Manpower Act guarantees that every worker / laborer is entitled to equal treatment without discrimination from employers. Indonesia has ratified the ILO Convention No. 100 concerning Equal Wages that govern the prohibition of discrimination against equal employment by gender. Wage differences based on employment appraisal are not discriminatory.
Source: Article 28D (2) of the 1945 Constitution, Article 6 of the Manpower Law (Law 13/2003).
There is no discrimination
In accordance with the Indonesian Constitution, everyone is equal to the law and government. Everyone is entitled to work that meets a standard of living worthy of humanity.
The Manpower Act also prohibits all forms of discrimination. All workers / laborers have equal opportunity to obtain employment and get equal treatment without discrimination from employers. Termination of employment is prohibited if done on the basis of ideology, religion, political choice, ethnicity, race, color, social group, physical condition or marital status of a worker.
Employers who employ disabled people are obliged to provide protection to the workers concerned depending on the type of disability (due to the disability).
Sources: Articles 5,6 & 27 of the 1945 Constitution; Articles 67 & 153 of the Manpower Law (Law No.13 / 2003); Law on Persons with disabilities (Law No. 8/2016)
Equal treatment of women in the workplace
Women can work in the same industry because there is no prohibition in the rules. The Constitution grants the right to choose any profession to all citizens. The Constitution states: "All citizens are entitled to decent work and wages for humanity." The Constitution also states: "Everyone has the right to work and earn just wages and treatment at work."
Source: Article 27 (verse 2) & 28D (2) of the 1945 Constitution
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer. For specific technical or legal advice on the information provided and related topics, please contact the attorneys at Amir Hamzah, SH & Rekan Law Office.
Rules on fair treatment at work
• Act No. 13 of 2003 on Manpower Act no. 13 of 2003
• Law no. 80 of 1957 on the Agreement of the Convention of the International Labor Organization No. 100 on Wages for Male and Female Workers for Equal Works. 80, 1957 on the approval of the International labor Organization No: 100 on Equal remuneration for men and women workers for work of equal value
• Law no. 21 of 1999 on the Agreement of the Convention of the International Labor Organization No.111 on Discrimination in Employment and Occupation / Act no. 21, 1999 on the approval of the International labor Organization Convention No: 111 on Discrimination (Employment and Occupation)