Equal Remuneration Convention, 1951 (No. 100) - Indonesia (RATIFICATION: 1958)

CMNT_TITLE

Article 1(a) of the Convention. Definition of remuneration.  In its previous comments, the Committee asked 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 wage and non-wage income, and 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. It also asked the Government to consider taking steps to fully reflect the definition of “remuneration” under Article 1(b) of the Convention in subsequent amendments to the national legislation at the earliest opportunity. The Committee recalls that the term “wage” under section 1(30) of Law No. 13/2003 concerning Manpower (the Manpower Act) does not include honorariums, tips or company profit shares. As the Committee recalled previously, the principle of the Convention applies to all forms of remuneration, including religious holiday allowances, bonuses, monetary compensation for working facilities and/or service charges, as well as honorariums, tips and company profits. The Committee notes the Government’s indication that it will facilitate, in consultation with the organizations of workers and employers, the amendment of the Manpower Act. The Committee asks the Government to provide information on any developments concerning the amendment of Law No. 13/2003 concerning Manpower for the purpose of reflecting fully the definition of “remuneration” under Article 1(b) of the Convention. It also once again asks the Government to provide information on any specific measures adopted to ensure that the principle of equal remuneration for work of equal value applies in practice to all forms of remuneration, including wage and non-wage income and any additional emoluments arising out of the worker’s employment.

Articles 1 and 2. Gender pay gap.  In its previous observation, the Committee encouraged the Government to continue its efforts to promote the principle of the Convention and to broaden the scope of the educational and capacity-building activities targeting relevant government agencies and workers and employers and their organizations, and to provide information on the measures taken in this regard. It also requested the Government to: (1) provide information on the implementation of the National Strategic Action Plan 2013–19 of the National Task Force on Equal Employment Opportunity (EEO), including specific measures taken at both the national and provincial levels in collaboration with employers’ and workers’ organizations to formulate, promote and implement programmes aimed at further reducing the gender pay gap and improving women’s participation in a wider range of jobs, including those with higher levels of pay; and (2) provide updated statistics on the distribution of men and women in the various economic sectors and occupations and their corresponding income levels, in both the public and private sectors, to enable the Committee to assess the evolution of the gender pay gap over time. The Committee notes the Government’s indication that it provided technical guidance on the development of wage structures and scales between 2015 and 2018 and conducted awareness-raising on equality in 2019 for government officials, workers and employers and their organizations. The Committee also notes that, in the framework of the National Strategic Action Plan 2013–19, the Government raised awareness, developed guidelines and increased supervision on equality and non-discrimination in general. Concerning the distribution of men and women in the various economic sectors and occupations, the Committee notes from the statistics provided by the Government that women mostly work in agriculture, forestry and fisheries, wholesale and retail trade, the processing industry, accommodation, food and beverage services, and education. It also notes from the ILO Database of Labour Statistics (ILOSTAT) that in 2019 the gender gap in average monthly earnings was 15.72 per cent. The Committee asks the Government to provide information on the specific measures adopted to formulate, promote and implement programmes aimed at further reducing the gender pay gap and improving women’s participation in a wider range of jobs, including those with higher levels of pay, and to continue providing up-to-date statistics on the distribution of men and women in the various economic sectors and occupations, including information on their corresponding earnings levels, in both the public and private sectors. The Government is also requested to indicate how the principle of the Convention is covered in the technical guidance on the development of wage structures and scales.

Article 2(b). Minimum wages. In its previous comments, the Committee requested the Government to provide additional information on the measures taken or envisaged, including by the National Task Force on Equal Employment Opportunity (EEO), to promote the use of objective job evaluation methods and the Gender Neutral Pay Equity Guidelines in determining sectoral minimum wage rates. In this regard, the Committee asked the Government to: (1) provide information on the measures taken to ensure that job evaluation exercises are carried out free from gender bias and that the jobs in sectors employing exclusively or predominantly women are not undervalued, as well as any obstacles encountered; and (2) indicate any recommendations made by the National Wage Council aimed at ensuring the application of the principle of the Convention. The Committee notes the Government’s reference to the Minister of Manpower Regulation No. 1 of 2017 concerning the structure and scale of wages, replacing the Minister of Manpower Decree No. PEM.49/MEN/2004, which focuses on the preparation and implementation of the structure and scale of wages at the company level, and does not cover wage-setting at the sectoral level, nor does it regulate sectoral minimum wage rates. The Committee also notes the Government’s indication that sectoral minimum wages are regulated under the Minister of Manpower Regulation No. 15 of 2018 concerning Minimum Wages and that no cases of minimum wages determined on discriminatory grounds have been recorded by the National Wage Council. The Committee further notes the information provided by the Government concerning the awareness-raising activities on equality and non-discrimination undertaken by the EEO Task Force. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. However, because there is a tendency to set lower wages in sectors predominantly employing women, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (2012 General Survey on the fundamental Conventions, paragraph 683). The Committee asks the Government to indicate how it is ensured in practice that minimum wage rates are fixed on the basis of objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed, and on how the use of the Gender Neutral Pay Equity Guidelines is promoted in determining sector minimum wage rates.

Article 3. Objective job evaluation.  The Committee once again asks the Government to provide information on any measures taken or envisaged under Regulation No. 34 of 2014 to promote objective job evaluation methods in the public sector, as well as on any activities undertaken to promote the use of the Gender Neutral Pay Equity Guidelines.

Enforcement.  The Committee reiterates its request for information on: (i) 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; and (ii) the nature and number of cases concerning violations of the principle of the Convention detected by or reported to the labour inspectorate, or 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 raising awareness on the principle of the Convention.

CMNT_TITLE

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been asking the Government to improve the application of the Convention, including by reviewing Law No. 13/2003 concerning Manpower (Manpower Act), with a view to giving legal expression to the principle of equal remuneration between men and women for work of equal value, because the Manpower Act, read together with the Explanatory Notes on the Law, only provides, in general terms, for equal opportunity (section 5) and equal treatment (section 6) without discrimination based on sex. The Committee considered that such general provisions, while important, were not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value”. The Committee also recalls that in its previous observation, it welcomed section 11 of the Regulation No. 78 of 2015 on Wages, which provides that “every worker is entitled to equal wage for work of equal value”. It however noted that the provision is formulated in general terms and no longer refers to non-discrimination between men and women. The Committee therefore asked the Government to provide information on: (1) the manner in which sections 5 and 6 of the Law No. 13/2003 on Manpower and section 11 of Regulation No. 78 of 2015 are being applied in practice, including any violations specifically concerning the principle of equal remuneration between men and women for work of equal value detected by, or brought to the attention of, the labour inspection services, and any action taken to remedy those violations; and (2) any administrative or judicial decisions applying the principle of the Convention. The Committee also encouraged the Government to consider, as soon as the opportunity arises, reviewing and amending the Manpower Act to give explicit legislative expression to the principle of the Convention, and to provide information on any consultations held with the social partners to this end.

The Committee notes that in its report the Government indicates that there have been no cases of wage discrimination based on gender. The Government also indicates that the application of the principle of the Convention is ensured in practice through: (1) the obligation of companies to set up wage structures and scales applying to their employees and inform them about such structures and scales; and (2) the provision of administrative sanctions in case of non-compliance. The Government reports that, as of 2019, 9,602 companies were preparing the wage structure and scale and that no difference was found between men and women in the wage structures and scales examined. The Committee also notes that the Government, in collaboration with the social partners and the ILO, is promoting the implementation of international labour standards by export-oriented companies in the garment sector

While noting the Government’s indication that no wage discrimination between men and women was found in the wage structure and scale of the companies it examined, the Committee notes that no information is provided on how the principle of equal remuneration for “work of equal value” between men and women is ensured in the design of the wage structure and scale. The Committee recalls that the concept of “work of equal value” requires going beyond ensuring equal remuneration for “equal”, “the same” or “similar” work and also encompasses equal remuneration for work that is of an entirely different nature but is nevertheless of “equal value”. This is fundamental given the occupational sex segregation in the labour market due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, which has resulted in women holding predominantly certain jobs, such as in caring professions. Often these “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (See General Survey on the fundamental Conventions, 2012, paragraph 673). In light of the above, the Committee asks the Government: (i) to indicate how it is ensured that the procedures adopted in determining wages (including wage increases) are free from gender bias, and that the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills while charged with different responsibilities under different working conditions; (ii) to provide information on measures adopted or envisaged in order to ensure the application of the principle of the Convention in the design of wage structures and scales; and (iii) to supply information on any specific measures adopted to raise awareness about the principle of the Convention among government officials, employers and workers and their organizations, in particular in the garment sector. The Committee also encourages the Government to consider reviewing and amending the Manpower Act to give explicit legislative expression to the principle of equal remuneration for men and women for work of equal value, in consultation with the social partners, and asks the Government to provide information on any developments in this regard.

Article 2(2)(a). Discriminatory provisions with respect to benefits and allowances. For more than ten years, the Committee has been drawing the Government’s attention to the fact that section 31(3) of Law No. 1/1974 concerning Marriage, which identifies the husband as the head of the family, may have a discriminatory impact on women’s employment-related benefits and allowances due to the fact that women in the workforce are assumed to be either single or seeking a supplementary income and are often not entitled to family allowances. The Committee notes that the Government refers to section 6 of the Manpower Act and section 11 of the Regulation No. 78 of 2015 on Wages, which have been mentioned above, and explains that more detailed provisions regarding wage components can be arranged through employment agreements, company regulations or collective labour agreements. The Committee also notes the Government’s statement that it “continues to strive to ensure that work agreements, company regulations or collective labour agreements do not contain regulations with lower standards than stipulated in laws and regulations”. The Committee further notes the Government‘s explanation that the Marriage Act is not used as a reference when regulating work relations. The Committee recalls that differential treatment in respect of remuneration is often linked to the express and implied assumption that the man is the “breadwinner” or the “head of the household” for the purpose of receiving certain allowances or benefits and notes the possibility of allowing both spouses to choose who would benefit from such allowances, rather than starting from the point that they should systematically be paid to the man (2012 General survey paragraph 693). In light of all the above, the Committee encourages the Government to gather information, in collaboration with the social partners, on women’s access in practice to family allowances and employment-related benefits, and to provide information in this regard. In the meanwhile, the Committee asks the Government to inform about any measures taken to ensure that women do not face direct or indirect discrimination with respect to family allowances and employment-related benefits.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 11 of Government Regulation No. 78 of 2015, on Wages refers to an equal “wage” for work of equal value, and that pursuant to section 1(1) “wage” is being received in monetary form as compensation from the business owner or employer to the worker, including the benefits for the worker and his or her family for the job or service performed. It notes, however, that the Regulation also refers to a “decent income” which comprises a “wage” and a “non-wage income” (section 4(2)), and that “wage” contains basic wages and fixed and variable allowances (section 5(1)) while “non-wage income” can include religious holiday allowances, or bonuses, compensation for working facilities and/or service charges for particular businesses (section 6). The Committee had also previously noted that the term “wage” under section 1(30) of Law No. 13/2003, concerning Manpower did not include honorariums, tips or company profit shares. The Committee emphasizes that the principle of the Convention applies to all forms of remuneration, including religious holiday allowances, bonuses, monetary compensation for working facilities and/or service charges, as well as honorariums, tips and company profits. Therefore, for the purposes of 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 wage and non-wage income and 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 also asks the Government to consider taking steps to fully reflect the definition of “remuneration” under Article 1(b) of the Convention in subsequent amendments to the national legislation, at the earliest opportunity.

Article 2(a). Discriminatory provisions. The Committee notes the Government’s indication that following the issuance of Government Regulation No. 78 of 2015, in particular section 64, the provisions in Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture that provide for disparate treatment between men and women in relation to the payment of employment-related benefits have been declared as invalid.

Article 2(b). Minimum wages. In its previous comments, the Committee requested the Government to indicate the steps taken to promote the use of objective job evaluation in the context of bipartite negotiations on minimum wage rates for different sectors. The Committee notes that the Government reiterates that section 6 of Ministerial Decree No. KEP. 49/MEN/2004 provides for the use of job evaluation for the determination of wages based on factors such as responsibility, and the role, the risk and the level of difficulty of the position concerned, but that it provides no further information on how it is ensured that in the bipartite negotiations on sectorial minimum wages, the work performed in sectors which are predominately female is not being undervalued. The Committee requests the Government to provide additional information on measures taken or envisaged, including by the National Equal Employment Opportunity (EEO) Task Force, to promote the use of objective job evaluation methods and the Gender Neutral Pay Equity Guidelines in determining sector-level minimum wage rates. In this regard, the Committee asks for the inclusion of information on measures taken to ensure that job evaluation exercises are carried out free from gender bias and that the jobs in sectors employing exclusively or predominantly women are not being undervalued, as well as information on any obstacles encountered, in this regard. It also asks the Government to indicate any recommendations made by the National Wage Council aimed at ensuring the application of the principle of the Convention.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on measures taken to promote the use of the Gender Neutral Pay Equity Guidelines at the Workplace, among workers and employers and their respective organizations, and on any measures taken or envisaged to promote objective job evaluation methods and the guidelines in the public sector. The Committee notes that tripartite technical training on gender equality in pay has been conducted in four regions. Regarding the public sector, the Government indicates that remuneration for the public service is regulated by Government Regulation No. 34 of 2014 – which amended Government Regulation No. 7 of 1977 – and Government Regulation No. 20 of 2011, of the State Employment Agency concerning guidelines for the calculation of allowances for civil servants’ performance, but provides no further information on the use of job evaluation methods. The Committee asks the Government to provide a copy of Government Regulation No. 34 of 2014, along with information on any measures taken or envisaged in light of this Regulation to promote objective job evaluation methods and the Guidelines in the public sector. It also encourages the Government to continue to broaden the scope of activities to promote the use of the Gender Neutral Pay Equity Guidelines, and to provide information on the various measures taken in this respect.

Enforcement. For a number of years, the Committee has been noting the absence in the Government’s report of information on cases of wage discrimination based on sex. It notes the Government’s indication that no complaints have been submitted to labour inspectors concerning wage discrimination in the current reporting cycle. The Committee had previously noted that a labour inspection guide on gender equality was being developed. It also notes the general information provided by the Government on measures taken to increase the capacity of labour inspectors against discrimination. The Committee requests 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. It also requests the Government to continue to provide information on the nature and number of cases concerning wage discrimination detected by or reported to the labour inspectorate, or 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.

CMNT_TITLE

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been asking the Government to improve the application of the Convention, including by reviewing Law No. 13/2003 concerning Manpower (Manpower Act), with a view to giving legal expression to the principle of the Convention. In this regard, the Committee had noted that the Manpower Act, read together with the Explanatory Notes on the Law, only provided, in general terms, for equal opportunity (section 5) and equal treatment (section 6) without discrimination based on sex, and considered that such general provisions, while important, were not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value”. The Committee notes the Government’s indication that Regulation No. 78 of 2015 on Wages – which implements section 97 of the Manpower Act (regarding orders on decent income, wage policy and wages protection) – repeals Government Regulation No. 8 of 1981 providing in section 3 that in determining wages, employers shall not discriminate between men and women for work of equal value. While welcoming that section 11 of Regulation No. 78 of 2015 provides that “every worker is entitled to equal wage for work of equal value”, the Committee notes that the provision is now formulated in more general terms and no longer refers to non-discrimination between men and women. The Committee asks the Government to provide information on the manner in which sections 5 and 6 of the Law No. 13/2003 on Manpower and section 11 of Regulation No. 78 of 2015 are being applied in practice, including any violations specifically concerning the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of, the labour inspection services, and any action taken to remedy those violations. The Committee also asks the Government to provide information on any administrative or judicial decisions applying the principle of the Convention. The Committee encourages the Government to consider, as soon as the opportunity arises, reviewing and amending the Manpower Act to give explicit legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any consultations held with the social partners to this end.

Articles 1 and 2. Gender pay gap. In its previous observation, the Committee had requested the Government to provide information on measures taken to reduce the gender pay gap and promote the participation of women in a wider range of jobs at all levels. The Committee notes from the ILO Database of Labour Statistics (ILOSTAT) that while the gender gap in nominal monthly earnings of employees decreased overall in 2015, with improvements shown in occupations such as health associate professionals and nursing, the gender gap in nominal monthly earnings of employees remained significant in occupations where women are significantly represented, such as domestic helpers, cleaners and launderers (44 per cent); agriculture, forestry and fishery labourers (36.8 per cent); and teaching and teaching associate professionals (31.7 per cent). In this regard, the Committee notes from the ILO brief on “Indonesia: Trends in wages and productivity January 2015” that low-wage workers also tend to be disproportionately female. Regarding measures to reduce the gender pay gap, the Committee notes the Government’s indication that the National Level Equal Employment Opportunity (EEO) Task Force has issued a National Strategic Action Plan for 2013–19, which provides for public awareness raising; capacity-building measures including research and data collection on equality and non-discrimination; training of stakeholders; and the establishment of EEO Task Forces at the provincial and district or city levels. The Committee also notes that the “Gender Neutral Pay Equity Guidelines at the Workplace” were published in 2014, and that tripartite technical training on pay equity was conducted in four regions during 2014 and 2015 with the assistance of the ILO. Referring to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning occupational gender segregation in the labour market, the Committee recalls that such occupational segregation is often one of the underlying causes of inequalities in pay between men and women. It notes that the Government does not provide information on any specific measures taken or envisaged to promote women’s access to a wider range of jobs, including those that lead to higher levels of pay. The Committee encourages the Government to continue its efforts to promote the principle of the Convention and to broaden the scope of the educational and capacity-building activities targeting relevant government agencies and workers and employers and their organizations to promote the principle of the Convention, and to provide information on measures taken in this regard. It further requests the Government to provide information on the implementation of the National Strategic Action Plan for 2013–19, including specific measures taken at both national and provincial levels in collaboration with employers’ and workers’ organizations, to formulate, promote and implement programmes aimed at further reducing the gender pay gap and improving women’s participation in a wider range of jobs, including those with higher levels of pay. The Committee also asks the Government to provide up-to-date statistics on the distribution of men and women in various economic sectors and occupations and their corresponding earning levels, in both the public and private sectors, to enable the Committee to assess the evolution of the gender pay gap over time.

Article 2(2)(a). Discriminatory provisions with respect to benefits and allowances. For more than ten years, the Committee has been drawing the Government’s attention to the fact that section 31(3) of Law No. 1/1974 concerning Marriage, which identifies the husband as the head of the family, may have a discriminatory impact on women’s employment-related benefits and allowances due to the fact that women in the workforce are assumed to be either single or seeking a supplementary income, and are often not entitled to family allowances. The Committee notes the Government’s very general reply that section 6 of the Manpower Act prohibits employers from engaging in discrimination based on sex. The Committee urges the Government to take specific measures to ensure that women do not face direct or indirect discrimination in law or in practice with respect to family allowances and employment-related benefits, and to provide specific information on the progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

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.

CMNT_TITLE

Gender wage gap and occupational segregation. The Committee recalls the wide gender wage gap noted in 2011 in the agriculture, forestry, hunting and fishing sector (48.4 per cent) and in the mining and quarrying sector (44.3 per cent) and the persistent occupational segregation with women being under-represented in higher paying jobs and senior management positions. The Committee notes from the ILO “Labour and social trends report 2013: Reinforcing the role of decent work in equitable growth” that there continues to be a discrepancy between the average nominal wages for men and women across all educational levels. The gender wage gap is particularly high among employees with a low level of education (35.54 per cent for those not completing primary school and 36.42 per cent for those completing primary school) as well as those with tertiary education (33.94 per cent for those with a university education). The report indicates that while some of the gap can be explained, part of the unexplained gap may suggest discrimination on the basis of sex. Regarding measures to reduce the gender wage gap, the Committee notes the Government’s indication that, with a view to strengthening previous institutional mechanisms to promote equal employment opportunity, the Ministry of Manpower and Transmigration (MoMT) adopted Decree No. 184/2013 of July 2013 establishing the National Level Equal Employment Opportunity (EEO) Task Force to conduct and promote the EEO programme. Regarding measures to improve women’s access to a wider range of jobs, the Government indicates in a general manner that the EEO Guidelines and the EEO programme have been disseminated and that training has been provided to industrial relations mediators and structural labour officers at central and provincial levels. The MoMT has developed, in cooperation with the ILO, a “Guide on equality and non-discrimination at work” to support the application of the Convention and provided training to provincial and local officials; a MoMT–ILO “Step-by-step guide on gender neutral pay equity for employers” will also be published soon. While welcoming the Government’s efforts to strengthen its institutional mechanisms to promote the EEO programme and conduct educational and capacity-building activities on equality and non-discrimination, including equal pay, the Committee considers that specific measures may be required to promote women’s access to a wider range of jobs, including those that lead to higher levels of pay, as a means to promote the application of the principle of the Convention. It refers in this regard also to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee hopes that the National EEO Task Force will be instrumental in the achievement of real progress in attaining the Convention’s objective, and asks the Government to provide information on its activities undertaken to formulate, promote and implement programmes aimed at reducing the gender pay gap and improving women’s participation in a wider range of jobs at all levels. Please continue to provide information on the educational and capacity-building activities undertaken for relevant government officials, workers and employers and their organizations on the principle of the Convention, and on their impact on effectively addressing discrimination in remuneration and achieving equal remuneration for men and women for work of equal value. Please continue to collect and provide statistics on the distribution of men and women in the various economic sectors and occupations, and their corresponding earning levels, in the public and private sectors.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the need to review or amend the Manpower Act (No. 13/2003) which only contains a general equal opportunity provision (section 5) and a general equal treatment provision (section 6), and in this regard provides less protection than the previous Manpower Act of 1997. Section 3 of Government Regulation No. 8 of 1981 concerning remuneration protection also limits the protection against discrimination in remuneration by the employer to equal work performed by men and women. The Committee recalls that these provisions, while important, are not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value” (see General Survey on fundamental Conventions, 2012, paragraphs 673–679). In this regard, the Committee welcomes the fact that, during the tripartite consultation and capacity-building workshops, held in 2013, on the new National EEO Task Force, participants confirmed the importance of adopting provisions that fully reflect the principle of the Convention, and of promoting objective job evaluation methods as a means to reduce the gender pay gap. It further notes that the Government has undertaken efforts to promote a better understanding of the concept of “equal value” through dissemination of and training on the EEO Guidelines and the development of the Step-by-step guide on gender neutral pay equity. In the context of the wide gender pay gap and the persisting occupational segregation, the Committee hopes that the National EEO Task Force will effectively address the gaps in the current legislation and urges the Government to take the necessary steps to review and amend the current legislation, including the Manpower Act (No. 13/2003) and Government Regulation No. 8 of 1981 in order to give explicit legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any consultations held with social partners in this regard.

Discriminatory provisions. The Committee previously expressed concern over the possible discriminatory impact of section 31(3) of the Marriage Act (No. 1/1974) on women’s employment-related benefits and allowances. The Committee notes the Government’s confirmation that, from a philosophical viewpoint and in the context of a strong patriarchal culture, the Act considers the man as the head of the family. The Committee asks the Government to take steps to ensure that women do not face direct or indirect discrimination in law or practice with respect to family allowances and employment-related benefits, and provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 1(a) of the Convention. Additional allowances and employment related benefits. The Committee recalls that the Government previously referred to the concept of “additional emoluments paid incidentally” and stated that it was not included as a component of “wage” as defined by section 1(3) of the Manpower Act No. 13/2003. The Government had indicated that “additional emoluments paid incidentally” encompassed emoluments provided on an occasional basis, such as tips or shares in profits of the company. The Committee has been asking the Government for many years to provide information on measures taken or envisaged to ensure application of the principle of equal remuneration for work of equal value with respect to all relevant elements of remuneration. The Committee notes that the Government refers to section 1(3) of the Manpower Act No. 13/2003, which defines a worker/labourer as “any person who works or receives wages or other forms of remuneration”. However, the Committee notes that no definition is provided of “remuneration”. The Committee recalls that in order to fully apply Article 1(a) of the Convention, the term “remuneration” should be defined with rigour 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 provide specific information on what elements are included in “other forms of remuneration” and 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. Minimum wages. The Committee recalls its previous comments noting the Regulations of the Minister of Labour PER-01/MEN/1999 concerning the minimum wage, and the resolution of the National Wage Council 01/DEPENAS/XII/2006 concerning the procedures of the National Wage Council. The Committee notes that the Government does not provide information on specific means to ensure that the criteria used for determination of minimum wages, in particular sectoral minimum wages, are free from gender bias. The Government merely states that one of the factors taken into consideration to determine the minimum wage is the need for decent living for workers without discrimination between men and women. The Government also refers to Decree No. 107 of 2004 concerning, inter alia, the competence of the National Wage Council which provides recommendations to the Government in the formulation of remuneration policies and the development of a national remuneration system. The Committee asks the Government to provide information on the measures taken or envisaged by the National Wage Council to develop a national remuneration system and to indicate how the principle of equal remuneration for men and women for work of equal value is promoted through these measures. The Committee also asks the Government to indicate whether the tripartite task force on the dissemination of the Equal Employment Opportunity (EEO) guidelines has taken any measures to promote and ensure the application of the guidelines in the process of adopting sectoral minimum wage rates.

Article 3. Objective job evaluation. The Committee notes that the Government has conducted technical guidance for the development of wage scale structures and on the application of EEO guidelines in this process, to employers, workers and government officials. The Committee notes, however, that the guidelines on the formulation of the structure and scale of wages, annexed to the Government’s report, do not appear to provide information on specific means to ensure full application of the principle of the Convention. The Government does not provide information on measures taken or envisaged to promote objective job evaluation methods. The Committee recalls that the criteria used to determine wage scales and to evaluate jobs must be entirely objective and non discriminatory, in order to avoid the assessment being tainted by gender bias, which presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee once again asks the Government to indicate any steps taken or envisaged to promote the objective job evaluation methods prescribed in Decree No. KEP-49/MEN/IV/2004. The Committee also asks the Government to provide specific information on measures taken to ensure that the criteria used to determine wage scales are free from gender-bias and to indicate how the EEO guidelines are used to promote objective job evaluation methods and the use of objective criteria in wage determination.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls that the Decree of the Minister of Manpower and Transmigration KEP-48/MEN/IV/2004 concerning the procedure for the making and legalization of company regulations and collective labour agreements provides a mechanism for the Government to examine compliance with non discrimination principles. The Committee notes the example of an anti discrimination clause contained in company regulations and collective labour agreements provided by the Government. The Committee asks the Government to provide information on any reviews of company regulations and collective agreements carried out under Decree KEP-48/MEN/IV/2004, and to indicate whether any cases of non-application of the principle of the Convention have been detected. Please also provide information on any steps taken by the task force on the application of the EEO guidelines, including measures taken to ensure that company regulations and collective agreements do not apply discriminatory provisions.

Parts III and IV of the report form. Application in practice. The Committee notes that guidelines have been issued by the Government aimed at promoting the elimination of discrimination based on sex in the workplace. The Committee also notes that the labour inspectorate has conducted awareness raising activities. The Committee notes that no information was provided on cases of wage discrimination based on sex. The Committee recalls that the absence of or a low number of complaints does not necessarily mean that wage inequalities do not exist in practice, but may indicate a lack of an appropriate legal framework, a lack of awareness of the principle of the Convention, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to provide more specific information on the awareness-raising activities conducted by the labour inspectorate and to indicate how in practice it promotes equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any training envisaged or organized to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other competent officials to detect violations of the principle of the Convention.

CMNT_TITLE

Gender wage gap and occupational segregation. The Committee had previously noted from the statistical data of 2008 that wage inequalities existed in each region. The Committee notes from the statistics provided by the Government that, in February 2011, a wide gender wage gap was observed in many sectors, including in the agriculture, forestry, hunting and fishing sector, where the gender wage gap was 48.4 per cent, and in the mining and quarrying sector which recorded a gender wage gap of 44.3 per cent. The statistics also reveal that occupational segregation persists in Indonesia and women continue to be under represented in higher paying jobs and senior management positions. The Committee also notes that in order to disseminate the Equal Employment Opportunity (EEO) Guidelines of 2005, the Government established a tripartite task force by Decree No. 60/SJ/111/2011 on 16 March 2011, which, inter alia, has the responsibility of mapping out preventive measures on discrimination in the workplace. The Committee asks the Government to provide information on measures taken by the tripartite taskforce in order to disseminate the EEO Guidelines of 2005, and more particularly to address the gender wage gap in the private and public sectors, and the impact thereof. Recalling that wage inequalities are related to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market.

Legislation. The Committee has been noting for a number of years that the Manpower Act (No. 13/2003), does not provide for equal remuneration for work of equal value, but rather contains a general equal opportunity provision (“any manpower shall have the same opportunity to get a job without discrimination” section 5) and a general equal treatment provision (“every worker/labourer has the right to receive equal treatment without discrimination from their employer” section 6), and in this regard provides less protection than the previous Manpower Act of 1997. The Committee recalls that these provisions, while important, are not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value”. The Committee notes that the Government again merely refers to the existing provisions, without providing information on any steps taken in consultation with social partners to give full expression to the principle of equal remuneration for work of equal value in the Manpower Act. In the context of the wide gender wage gap and the occupational gender segregation, as well as the lack of other measures to fully apply the Convention, the Committee considers that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is of particular importance to ensuring effective application of the Convention. The Committee asks the Government to take steps in order to review and amend the current legislation, including the Manpower Act (No. 13/2003) in order to give explicit legislative expression to the principle of equal remuneration for women and men for work of equal value and to provide information on any consultations held with social partners in this regard.

Discriminatory provisions. The Committee previously noted that Decree No. 37 of 1967 and Decree of the Minister of Agriculture No. 418/KPTS/EKKU/5/1981 provide for disparate treatment between men and women in relation to payment of employment-related benefits and asked the Government to clarify whether and how these instruments have been revised. The Committee notes the Government’s indication that Decree No. 37 of 1967 was amended and that the rules contained in the Decree are no longer applicable. The Government, however, does not indicate clearly whether Decree No. 37 of 1967 has been repealed and does not provide any information on revisions or amendments of Decree No. 418/KPTS/EKKU/5/1981. The Committee also previously expressed concern over the possible discriminatory impact of section 31(3) of the Marriage Act (No. 1/1974) on women’s employment-related benefits and allowances, which provides that the husband is the head of household. The Committee notes that the Government is currently conducting a study on the Marriage Act (No. 1/1974), involving all the stakeholders. The Committee asks the Government to indicate clearly whether Decree No. 37 of 1967 has been repealed and to provide information on any measures taken to revise or repeal Decree No. 418/KPTS/EKKU/5/1981. The Committee further asks the Government to provide information on the results and impact of the study being conducted on the Marriage Act (No. 1/1974) and to take measures in order to ensure that women do not face direct or indirect discrimination in practice with respect to family allowances and employment-related benefits.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 1(a) of the Convention. Application of the principle of the Convention with respect to additional allowances and employment-related benefits. Further to its previous comments on this point and in the absence of the Government’s specific reply thereto, the Committee reiterates its previous request for the Government to supply information on measures taken or envisaged to ensure the application of the principle of equal remuneration for work of equal value with respect to all elements of remuneration, including “additional emoluments paid incidentally”, which was referred to in the Government’s past report to be incorporated in section 1(3) of the Manpower Act (No. 13/2003).

Article 2. Wage gap between men and women. The Committee notes that the Ministry of Women’s Empowerment and Child Protection, based on its statistical data of 2008, confirms that wage inequalities between men and women have been observed in all regions. The data indicate that the wage gap between men and women ranges, depending on the categorization of workers, from 15 to 25 per cent. The Committee asks the Government to collect and supply any other statistical data available on wages of workers, disaggregated by sex, industry, occupational category and positions, including studies and surveys undertaken to identify the nature and extent of the wage differences between men and women in the private and public sectors. It also asks the Government to indicate the measures taken or envisaged to reduce the wage gap between women and men, and any steps taken to promote the use of the Equal Employment Opportunity (EEO) Guidelines of 2005 among workers, employers and their organizations and results obtained.

Minimum wages. The Committee notes the Regulations of the Minister of Labour PER-01/MEN/1999 concerning the minimum wage, and the resolution of the National Wage Council 01/DEPENAS/XII/2006 concerning the procedures of the National Wage Council, a copy of which was attached to the Government’s report. It notes that neither instrument appears to provide for specific means to ensure that the criteria for determination of minimum wages, in particular sectoral minimum wages, are free from gender bias. The Committee therefore asks the Government to indicate any measures taken or envisaged to ensure that, in the process of determining sectoral minimum wage rates, the sectors employing exclusively or predominantly women are not being undervalued. It also asks the Government to provide information on activities of the wage councils, including copies of their annual reports or of any relevant resolutions or policies adopted to give effect to the principle of the Convention. Please also provide information on the measures taken or envisaged to implement the EEO Guidelines in the process of adopting sectoral minimum wage rates.

Article 3. Objective job evaluation. The Committee notes that the Decree of the Minister of Manpower and Transmigration KEP-49/MEN/IV/2004 concerning wage structures and scales, attached to the Government’s report does not appear to contain provisions prescribing specific means to ensure the application of the principle of the Convention. It also notes that the Government’s report does not contain any information concerning measures taken or envisaged to promote objective job evaluation methods. In this connection, the Committee refers to its 2006 general observation on the Convention, in which it highlighted the importance of ensuring that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not inherently discriminatory. The Committee asks the Government to indicate any steps taken or envisaged to promote the objective job evaluation methods prescribed in KEP-49/MEN/IV/2004. The Government is also requested to explain how it is ensured in the process of the determination of wage structures and scales that analyses conducted are free from gender bias, including through the use of the EEO Guidelines. Please provide a copy of the manual for the preparation of wage structures and scales provided for in article 10 of the Decree.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the copy of sample company regulations and a collective agreement, supplied by the Government in response to its previous request. They, however, do not appear to contain specific provisions ensuring that the principle of the Convention is effectively applied, in particular, that women and men receive equal remuneration for work of equal value. In this connection, it recalls the Government’s indication that, under the terms of the Decree of the Minister of Manpower and Transmigration KEP_48/MEN/IV/2004 concerning the procedure for the making and legalization of company regulations and collective labour agreements, a mechanism is provided for the Government to examine compliance with non-discrimination principles. The Committee asks the Government to provide examples of company regulations or collective agreements indicating specific provisions implementing the principle of equal remuneration for women and men for work of equal value. Please also provide information on any issues related to the non-application of the principle of the Convention which may have been found through the reviews of company regulations and collective agreements carried out by the Government under Decree KEP_48/MEN/IV/2004. In addition, please also provide information concerning any proactive steps taken or envisaged by the Government to promote the use of the EEO Guidelines in the development and application of company regulations and collective agreements.

Parts III and IV of the report form. Application in practice. The Committee notes the Government’s indication that no reports of labour inspectors have been received indicating incidences of wage discrimination based on sex. It also notes that the Government’s report does not contain any concrete information concerning the practical application of the Convention. The Committee wishes to point out that the absence or low number of complaints does not necessarily mean that wage inequalities do not exist in practice, but may indicate a lack of awareness of the principle of the Convention, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee, therefore, asks the Government to provide concrete and documented information which indicate how the principle of equal remuneration for work of equal value is promoted and applied in practice, including any judicial or administrative decisions, results of labour inspections carried out on matters related to the Convention showing the number and nature of contravention and sanctions imposed. Please also provide information on measures taken or envisaged to raise awareness of the principle of equal remuneration for work of equal value among labour inspectors, workers, employers and their organizations.

CMNT_TITLE

Article 2 of the Convention. Implementation of the principle of equal remuneration for work of equal value. The Committee recalls that it has been asking the Government to improve the application of the Convention, including by reviewing and revising the current legislation, in particular the Manpower Act (No. 13/2003) with a view to giving explicit legal expression to the principle of the Convention. The Committee notes, however, with regret that the Government merely makes renewed references in its report to the existing instruments without supplying information on the progress made and problems encountered in the application of legislative and administrative instruments or without replying to the specific requests made in the previous observation. The Committee therefore urges the Government to take steps to give explicit legal expression to the principle of equal remuneration for women and men for work of equal value, including an analysis in consultation with the social partners of the effect given to the Convention through the Manpower Act (No. 13/2003).

The Committee has been drawing attention to specific provisions of the national legislation which are considered discriminatory. Government Decree No. 37 of 1967 and Decree of the Minister of Agriculture No. 418/KPTS/EKKU/5/1981 contain disparate treatment between men and women in relation to payment of employment-related benefits and the Committee has been asking the Government to clarify whether and how these instruments have been revised. In addition, it has been expressing its concern over the possible discriminatory impact on women’s employment-related benefits and allowances of section 31(3) of the Marriage Act (No. 1/1974), which provides that the husband is the head of the household. The Committee urges the Government to take the necessary measures to:

(i)    revise or repeal the abovementioned provisions; and

(ii)   ensure that no direct or indirect discrimination against women exists in practice with respect to family allowances and employment-related benefits.

It also asks the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Article 1(a) of the Convention. Application of the principle with respect to additional allowances and employment-related benefits. The Committee refers to its previous comments regarding the specific meaning attached to the expression “additional emoluments paid incidentally” incorporated in section 1(3) of the Manpower Act No. 13/2003, and notes the Government’s indication that the concept encompasses those emoluments provided on an occasional basis, such as tips or shares in profits of the company. In this regard, the Committee refers to the 1986 General Survey on equal remuneration, and recalls that, when referring to any additional emoluments arising out of the workers’ employment, the Convention does not limit in any way its purview by reference to the legal basis for the payment (paragraph 83). The Committee also recalls that the opportunity to collect tips may be considered as an indirect payment for the purpose of the Convention at least where the employer has some degree of control over the final distribution of sums collected as tips (General Survey, paragraph 92). The Committee therefore invites the Government to ensure application of the principle of equal remuneration for work of equal value with respect to all relevant elements of remuneration, whether paid directly or indirectly, and arising out of the workers’ employment.

2. Further to the above, the Committee recalls its previous comments on Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 as well as section 31(3) of the Marriage Act (No. 1/1974) with respect to the possible discriminatory impact stemming from these provisions on women’s employment‑related benefits and allowances. In the absence of any information provided by the Government in this respect, the Committee again asks the Government to indicate the measures taken or envisaged (a) to revise or repeal the abovementioned legislative provisions, and the progress achieved, and (b) to ensure that no direct or indirect discrimination against women exists in practice with respect to family allowances and employment-related benefits.

3. Wage gap between men and women and practical application of the principle of the Convention. The Committee notes from the Government’s report that a specific policy has been issued regarding companies’ setting of wages with the aim of ensuring compliance with article 1(3) of the Manpower Act, and thus stating expressly that no distinction is to be made between men’s and women’s wages. The Committee also recalls its previous comments on the number of initiatives taken by the Government to reduce the wage gap between women and men. It notes, however, that very little information is provided in the report concerning the practical application of these initiatives, and also refers to its observation in this regard. The Committee, therefore, again asks the Government to provide detailed information on the practical application and impact of the initiatives taken to reduce the gap between women’s and men’s wages. The Committee also asks the Government to supply a copy of the policy regarding companies’ setting of wages and provide information on its application in practice and its impact on decreasing the wage gap between men and women.

4. Application of the principle by means of minimum wages. The Committee notes the Government’s indication that tripartite wage councils set minimum wages not based on any distinctions between men and women workers, but rather on the basis of performance, productivity and economic development of each region as well as living standards of the people. The Committee refers to its 2006 general observation on this Convention, and recalls the importance of ensuring that the criteria used to determine minimum wages are free from gender bias. The Committee also notes that no statistical information is provided regarding the distribution of women and men in the various sectors and industries, since no statistical data are reported to be at the Government’s disposal. The Committee asks the Government to provide information regarding how it is ensured that the criteria followed by the wage councils are free from gender bias. The Government is also asked to continue providing information on the activities of the wage councils, including copies of the policies formulated. The Committee also reiterates its request to the Government to supply statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and the corresponding earnings, as soon as they are available.

5. Article  3. Methods for objective job evaluation.  Regarding implementation of Ministerial Decree No. 49/MEN/IV/2004 on wage structures and scales, the Committee notes from the Government’s report that some steps have been taken in this respect. In particular, the Committee notes that training programmes have been provided to industrial relations officers focusing on the explanation of wage structures and scales in the light of non-discrimination principles. Similar training programmes have been carried out in favour of tripartite representatives with a view to providing them with a better knowledge of the matter and enhanced ability to conduct guidance and counselling at company level. The Committee invites the Government to provide information on the practical impact of these initiatives on objective job evaluation and the reduction of the wage gap between men and women. In particular, the Committee asks the Government to supply copies of collective agreements and company regulations incorporating structure and scales of wages in accordance with the principle of the Convention. The Committee again requests the Government to indicate the measures taken, in cooperation with the social partners, to avoid gender bias in job evaluation. The Committee further encourages the Government to keep it informed regarding the enforcement of Ministerial Decree No. 49/MEN/IV/2004 on wage structures and scales.

CMNT_TITLE

Article 2 of the Convention. Implementing the principle of equal remuneration for men and women for work of equal value through national legislation. The Committee recalls its concerns expressed on the application of the principle of equal remuneration for work of equal value in the country following the allegations submitted by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), and recalls its subsequent invitation to the Government to improve the application of the Convention in the country by amending the Manpower Act No. 13/2003 and inserting an explicit reference to the principle of the Convention. The Committee notes from the Government’s report that the Government has no intention of revising the Manpower Act, unless explicitly requested by the social partners, and after an analysis of the matter concerned. The Government indicates however, that Ministerial Regulation No. 48/MEN/2004 concerning company regulations and collective labour agreements, provides a mechanism for the Government to examine compliance with non-discrimination principles. Additionally, the Committee notes the Government’s indication of a number of initiatives undertaken to implement the principle of equal remuneration, ranging from training programmes for employers, workers, and government officials, to the conducting of inspections. The Committee also notes that the Minister of Manpower and Transmigration has issued a circular letter (SE/60/MEN/SJ-HK/2006) requesting the Governors of the provinces and heads of district/majors throughout the country to implement the Equal Employment Opportunity (EEO) Guidelines. While noting this general information, the Committee has not been provided with any details concerning either the concrete implementation of the EEO Guidelines and its impact on the reduction of the wage gap between men and women workers, or the results of the inspections carried out. The Committee also recalls its 2006 general observation on this Convention in which it urges governments to provide explicitly in legislation for equal remuneration for work of equal value (paragraph 6). The Committee again asks the Government to supply information on the concrete implementation of the principle of the Convention, including initiatives taken or envisaged to implement the EEO Guidelines, results of the inspections carried out, cases brought before national courts, and any judicial or administrative decisions concerning the principle of equal remuneration. The Committee asks the Government to take steps to give explicit legal expression to the principle of the Convention, including undertaking an analysis of the Manpower
Act No. 13/2003 in consultation with the social partners, and to keep the Committee informed in this regard.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Article 1(a) of the Convention. Application of the principle with respect to additional allowances and employment-related benefits. With reference to its previous comments on the definition of “wage” in section 1(3) of Manpower Act No. 13/2003 and the inclusion of additional allowances and benefits, the Committee notes the Government’s statement that section 1(3) is aimed at implementing Article 1(a) of the Convention, but that additional emoluments paid incidentally are not included as a component of the wage. The Committee recalls that the principle of the Convention applies to any additional emoluments whatsoever payable directly or indirectly in cash or in kind paid by the employer to the worker and arising out of the workers’ employment. It therefore asks the Government to clarify in its next report the specific meaning of “additional emoluments paid incidentally” and to indicate which allowances are covered under section 1(3) of Manpower Act No. 13/2003.

2. Further to the above, the Committee also notes from the Government’s report that it remains unclear whether Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture, which contain disparate treatment between men and women in relation to payment of employment-related benefits, have been revised. The Committee further recalls its previous comments under this Convention, as well as under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it expressed concern over the possible discriminatory impact in practice of section 31(3) of the Marriage Act (No. 1/1974) (which identifies the husband as the head of the family) on women’s employment-related benefits and allowances. The Committee notes from the Government’s report on the United Nations Convention on the Elimination of All Forms of Discrimination against Women that relevant ministries and women’s activists have concluded that section 31(3) needed to be revised (CEDAW/C/IDN/4-5, 27 July 2005, paragraph 161). The report also indicates that, because women in the workforce are assumed to be either single or seeking a supplementary income, they are often not entitled to family allowances (paragraph 106). Considering that the application of the principle of the Convention to additional allowances and benefits continues to raise problems in law and practice, the Committee asks the Government to indicate in its next report the measures taken or envisaged to: (a) revise or repeal the abovementioned legislative provisions, and the progress achieved; and (b) to ensure that no direct or indirect discrimination against women exists in practice with respect to family allowances and employment-related benefits.

3. Wage gap between men and women and practical application of the principle of the Convention. The Committee refers to its 2003 observation highlighting the need to analyse the pay situation between men and women and measures to improve the application of the Convention. The Committee notes with interest that the Government is making efforts to compile and distribute labour market data, including statistics on the average wages of men and women, and encourages the Government to continue this initiative. It notes, however, from the statistics published on the web site of the Department of Manpower and Transmigration that in 2003 women’s average wage/net salary per month was 74 per cent of that of men. The 2003 statistics on the average wage/net salary per month further confirm that women are concentrated in the lower wage categories: about 55 per cent of women are employed in the monthly wage category of less than 200,000 rupiah, while they represent only 13 per cent of those employed in the highest wage category of more than 2,000,000 rupiah. The Committee notes from the information provided on the implementation of the 2004 ILO resolution on gender equality, pay equity and maternity protection that the Government is taking a number of measures to improve the application of the Convention, including the following: the EEO Guidelines for the private sector; programmes to raise awareness among industrial relations officers and social partners to evaluate the implementation on the wages policy; and including equal remuneration in collective agreements. The Committee asks the Government to provide detailed information in its next report on the practical application of these measures as well as their specific impact on reducing the wage gap between men and women.

4. Article 2. Application of the principle by means of minimum wages. The Committee notes the general information provided by the Government on the tripartite functioning of the wage councils. It notes that the Government hopes that through this mechanism equal remuneration for men and women can be assured. The Committee recalls that, where the Government is in a position to exert direct or indirect influence on the level of wages, it is responsible under Article 2, paragraph 1, of the Convention to ensure the application of equal remuneration for work of equal value. The Committee therefore asks the Government to provide concrete information in its next report demonstrating how the wages councils take into account the principle of the Convention in the formulation of wage policies. The Committee appreciates the statistics provided by the Government on the minimum wages set by sector for 2005. It requests the Government to provide an indication, including providing available statistics disaggregated by sex, on the distribution of women and men employed in the various sectors and industries.

5. Article 3. Methods for objective job evaluation. With reference to its previous comments on measures taken to promote the objective evaluation of jobs, the Committee notes with interest Ministerial Decision
No. KEP/49/MEN/IV/2004 concerning the regulation of the structure and scale of wages, implementing section 92 of Manpower Act No. 13/2003. It notes that the Decision provides that enterprises shall establish wages structures and wage scales on the basis of a job analysis, job description and job evaluation (section 3). Section 6 of the Ministerial Decision provides that the job evaluation shall take account of factors such as responsibility, the contribution of the occupation to the enterprise, occupational risks and the occupational degree of difficulty. The Committee further notes from the Government’s report that the labour inspectorate is responsible for verifying compliance of the regulations and collective agreements with the abovementioned Decision. The Committee asks the Government to provide information in its next report on the practical application and enforcement of Ministerial Decision No. 49/2004, including copies of collective agreements and company regulations formulating the structure and scales of wages. Please also indicate the measures taken, in cooperation with workers’ and employers’ organizations, to avoid gender bias in the use of the abovementioned factors for job evaluation.

CMNT_TITLE

1. Article 2 of the Convention. Implementing the principle of equal remuneration for men and women for work of equal value through national legislation. The Committee recalls its previous observation in which it had noted the concerns expressed by the International Confederation of Free Trade Unions (ICFTU) regarding the over-representation of women in low-pay, casual and low-responsibility jobs in the public and private sectors, and the absence of an explicit prohibition of discrimination based on sex in Manpower Act No. 13/2003. The Government, in its reply, indicated that sections 5 and 6 (providing for equality of opportunity and treatment without discrimination) and section 92 (providing for objective criteria for determining wage scales and structures) of Manpower Act No. 13/2003 adequately protected women against discrimination, and that the prevention of wage discrimination was undertaken through the examination of company regulations and collective agreements. While noting the Government’s explanation, the Committee had nevertheless regretted the omission of a specific provision guaranteeing men and women equal remuneration for work of equal value, and noted that the former Manpower Act of 1997 had provided that “in determining wages the employers shall be prohibited to practice discrimination on whatever basis with respect to jobs of the same value”. It had requested the Government to consider amending Manpower Act No. 13/ 2003.

2. The Committee notes that the Government reiterates its previous explanations and states that, since Indonesia has ratified Convention No. 100, the provisions of the Convention are legally binding. The Committee recalls Paragraph 3(1), of Recommendation No. 90 which suggests that “where appropriate in the light of the methods used in operation for the determination of remuneration, provision should be made by legal enactment for the general application of the principle of equal remuneration for men and women workers for work of equal value”. The Committee further notes the Government’s confirmation that Government Regulation No. 8 of 1981 remains valid and that work agreements, company regulations or collective agreements should be established in accordance with section 3 of this Regulation which provides that, in determining wages, employers shall not discriminate between men and women for work of equal value. The Committee notes with interest the launching, in December 2005, of the Guidelines on Equal Employment Opportunities (EEO), which provide detailed guidelines on how to implement the principle of equal remuneration for men and women for “work of equal value” set out in the Convention. Based on the above, and as the Convention has now been ratified for almost 50 years, the Committee considers that it would improve significantly the protection provided under the Convention if Manpower Act No. 13/2003 were amended to give explicit legal expression to the principle of the Convention. It hopes that the Government will do so as soon as the occasion to undertake a revision of the Act arises. In the meantime, the Committee asks the Government to provide detailed information in its future reports on the practical application and enforcement of Government Regulation No. 8/198, and activities to promote and implement the EEO Guidelines, in cooperation with the workers’ and employer’s organizations.

The Committee is raising other and related points in a request addressed directly to the Government.

CMNT_TITLE

1. The Committee notes the adoption of the new Act No. 13 of 2003 on Manpower. It notes that section 1(30) of the Act defines wage as "the right of a worker that is received and expressed in the form of money as remuneration from the employer to the worker, whose amount is determined and paid according to a work agreement, a deal, or laws and regulations, including allowances for the worker and his or her family for a job and/or service that has been performed or will be performed". The Committee asks the Government to specify in its next report whether this definition covers any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. With reference to its previous comments concerning Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture, which contain disparate treatment between men and women in relation to payment of employment-related benefits, the Committee notes that the Government’s report does not provide a reply as to whether the proposed amendments to these decrees equalizing benefits have been adopted. It asks the Government to provide information on any developments in this regard.

3. The Committee notes that sections 88(4) and 89(1) of the new Manpower Act provide that the Government shall establish provincial or district/city-based minimum wages or sector-based minimum wages, based on the need for decent living taking into account productivity and economic growth. It would be grateful if the Government could provide in its next report copies of sector-based minimum wages in the different regions. Noting that pursuant to section 98(1) the National Wage Council, Provincial Wage Councils and District Wage Councils can provide recommendations and considerations for the formulation of wages policies; noting also the Government’s statement that the wages councils shall take account of the non-discrimination principle in determining the minimum wage, the Committee asks the Government to provide information on how these Councils use their competence to guarantee that equal remuneration between men and women for work of equal value is applied in the formulation of wage policies.

4. The Committee notes that section 92 of the new Manpower Act states that employers shall formulate the structure and scale of wages by taking into account the functional and structural position and rank, the occupation, years of work, education and competence of the worker. It also notes the Government’s statement that no job appraisal has been conducted but that section 92 protects workers against discrimination in practice and that prevention of discrimination is carried out through the examination of company regulations and collective agreements. Noting that a number of companies have requested assistance for setting up rates of remuneration, the Committee asks the Government to provide information on the measures taken, through collective bargaining or otherwise, to promote equal pay and an objective appraisal of jobs on the basis of the work to be performed in the private sector and to indicate how gender bias is being avoided in company regulations formulating the structure and scales of wages. Please also provide copies of any collective agreements of company regulations guaranteeing equal remuneration for men and women for work of equal value.

CMNT_TITLE

The Committee notes the information in the Government’s report.

1. The Committee notes the communication received by the International Confederation of Free Trade Unions (ICFTU) dated 25 June 2003 on the application of Conventions Nos. 100 and 111 and the Government’s reply thereon, received 3 November 2003. In its communication, the ICFTU maintains that there is discrimination against women and that neither the Constitution nor the Manpower Act No. 13 of 2003 expressly prohibit discrimination on specific grounds, including sex. The ICFTU further alleges that women tend to be over-represented in low paying and lower responsibility jobs: in the public service, women constitute only 14 per cent of the employees in positions of responsibility and in the private sector there is a disproportionately high number of women employed as casual labour, resulting in lower pay than their colleagues employed doing similar jobs. Furthermore, many women are dismissed when they take maternity leave and the main reason for employers engaging women as casual labourers is the fact that women are then excluded from the provisions requiring maternity pay and leave. With respect to the alleged violation of the maternity provisions and the omission of specific grounds of discrimination in the legislation, the Committee refers the Government to its comments made on Convention No. 111.

2. Further to the above, the Committee notes that the Government indicates that sections 5 and 6, along with section 92 of the new Manpower Act, protect workers against discrimination and that the prevention of discrimination in wages  is undertaken through the examination of company regulations and collective agreements. The Committee notes that, while sections 5 and 6 of the Manpower Act of 2003 provide for equality of opportunity and treatment without discrimination, they do not refer expressly to specific grounds of discrimination. Both the Government and the explanatory notes on the Act indicate that the discrimination referred to includes discrimination between men and women. The Government notes that section 92 provides that the wages scales and structure shall be formulated by taking into account the functional and structural position, rank, occupation, seniority, education and competence of the worker. However, the Committee also notes that, in contrast to section 113(2) of the the former Manpower Act of 1997, which provided that "in determining wages the employers shall be prohibited to practice discrimination on whatever basis with respect to jobs of the same value", the new Act of 2003 does not include a specific provision guaranteeing that men and women workers shall receive equal remuneration for work of equal value. While appreciating the objective criteria set out in section 92, the Committee regrets this omission of equal value in the new Act. It hopes that the Government will consider amending the Act in order to give expression to the principle of equal remuneration between men and women for work of equal value, and will provide information on the status of any proposed amendments to the Manpower Act of 2003 in this regard. The Committee further asks the Government to indicate the status of Government Regulation No. 8 of 1981, which provided in its section 3 that in determining wages employers shall be prohibited to discriminate between men and women worekrs for work of equal value.

3. The Committee notes that the Government’s report fails to provide specific information such as statistics of wages of men and women workers in various occupations in both the public and private sectors, studies on employment conditions of women undertaken by the Ministry on the Role of Women or any other agency, or labour inspection reports that may enable the Committee to make a better assessment of the manner in which the Convention is applied in practice. Understanding that the Government is currently developing a national strategy to implement equal employment opportunity policies, the Committee hopes that the strategy will include the principle of equal remuneration for men and women for work of equal value and that the Government will seize the opportunity to collect the necessary statistics to analyse the pay situation and to develop appropriate initiatives to improve the application of the Convention in practice. The Committee hopes that the Government will be in a position to provide in its next report full information in this regard.

The Committee is raising other points in a request directly addressed to the Government.

CMNT_TITLE

The Committee notes the information contained in the Government’s report.

1. The Committee notes from the Government’s report that the implementation of Act No. 25 of 1997 on Manpower has been postponed again and that the Government has submitted a Bill concerning Workers’ Development and Protection to Parliament. It also notes the Government’s statement that this Bill includes the provisions of the Convention. The Committee notes that section 5 of the Bill states that the employer shall provide equal opportunities without any discrimination to all employees and that section 6 provides that the employer shall provide equal treatment without any discrimination to all workers. Section 56 sets out the general principle of non-discrimination. Noting these general provisions and their accompanying "elucidations", the Committee also asks the Government to indicate whether there is a specific section in the above Bill guaranteeing that men and women workers shall receive equal remuneration for work of equal value and to provide a copy of the legislation once it has been adopted. It also asks the Government to indicate whether the newly proposed legislation contains a definition of wages and whether such definition covers any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. The Committee notes with interest from the Government’s report that Act No. 03 of 1992 on workers’ protection, which provides that all workers have equal rights to employment accident benefits, takes precedence over Act No. 33 of 1947 on accidents, which contains provisions treating men and women differently in relation to the payment of employment-related benefits. The Committee notes the Government’s statement that the amendments proposed to Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture, as well as the proposed Bill mentioned in point 1 above, take into account the Committee’s comments in its last direct request respecting the principle of equal remuneration. Recalling that these Decrees contain disparate treatment between men and women in relation to the payment of employment-related benefits, the Committee hopes the amendments equalizing benefits will be adopted in the near future and that copies will be forwarded to the ILO.

3. The Committee notes from the Government’s report that a new Ministerial Regulation No. 01/Men/1999 on Regional Minimum Wages has been adopted, under the terms of which regional minimum wages are determined by the Minister of Manpower, based on research and studies by the Regional Wage Research Council, which is composed of representatives of employers and workers and of government institutions. In this respect, the Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention.

4. The Committee also notes the Government’s statement that the collective labour agreements concluded by employers and the respective workers’ unions must guarantee equal remuneration for men and women workers. The Committee asks the Government to provide with its next report copies of collective agreements guaranteeing equal remuneration for men and women workers for work of equal value.

5. While noting the information provided in the Government’s report, the Committee considers that this information is not sufficient to assess the manner in which the Convention is applied in practice. Recalling the wage differentials between men and women pointed out in its previous direct request, the Committee requests information on measures taken to reduce the remuneration gap. It also requests sufficient information to enable the Committee to assess the implementation of the Convention in practice. Relevant information in this regard might comprise studies on the employment conditions of women undertaken by the Ministry of State for the Role of Women or any other agency, initiatives taken by the Government or by organizations of employers and workers to promote equality of opportunity and treatment between the sexes in employment, reports on labour inspections or measures taken or envisaged to ensure and promote the principle of equal remuneration for men and women workers for work of equal value.

6. Further to its previous requests for statistical data on the wages of men and women workers in the various occupations and at different levels, the Committee reiterates its request to the Government to supply in its next report full statistical and other information in accordance with the Committee’s general observation of 1998.

CMNT_TITLE

The Committee notes the information contained in the Government's report.

1. The Committee notes that Act No. 25 of 1997 on Manpower has been adopted and that its implementation has been deferred for two years (until approximately October 2000). The Committee notes with interest the Government's indication that the principle of the Convention is enshrined in section 113, paragraph (2), of the Act which states that "in determining wages, the employers shall be prohibited to practise discrimination on whatever basis with respect to jobs of the same value", and that section 187 penalizes practices of discrimination in the determination of wages pursuant to section 113, paragraph (2). It further notes that sections 5 and 6 of the Manpower Act provide for equal opportunities and equal treatment without discrimination in employment to every person. The Committee must draw the attention of the Government to the omission of any grounds upon which discrimination is prohibited in the above provisions. It requests the Government for clarification of the wording "to practise discrimination on whatever basis" and, in particular, to indicate whether it includes discrimination between men and women. The Government may wish to consider clarification of this terminology in any further revision of this text.

The Committee further notes that according to section 1, paragraph 23, of the Manpower Act, wages are defined as "what a worker shall be entitled to, received as, and expressed in the form of money as compensation from the employer to the worker, for a particular job or service which has been or shall be done, and determined and paid according to an employment contract, a collective agreement or legislation, including allowances for the worker and his family". The Committee requests the Government to specify, in its next report, whether this definition could cover any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. Further to the above, the Committee notes the Government's statement in its report that receipt of employment-related benefits depend on the regulations of the respective companies. In this regard, the Committee notes that according to section 39(1), et seq., of the Manpower Act, company regulations have to be legitimized by the Minister of Manpower, and shall include the rights and obligations of the employer and workers, and the terms of employment. The Committee requests the Government to indicate whether any measures could be taken in pursuance of sections 39(1) and 42(1) of the Act to ensure that women and their families are not discriminated against in respect of employment-related benefits. The Committee further notes the Government's statement that no specific regulations have yet been laid down by the Government to amend paragraph 31(3) and (4) of the Marriage Act, Ministerial Decree No.02/P/M/ Mining/1971, Act No. 33 of 1947 on accidents, Government Decree No.37 of 1967 on the wages system for employees in state companies and the Decree of the Minister of Agriculture, No. 418/Kpts/Ekku/5/1981, and other similar provisions which contain disparate treatment between men and women in relation to the payment of employment-related benefits. The Committee therefore reminds the Government that according to Article 1(a) of the Convention, remuneration also includes employment-related benefits and requests the Government to indicate whether any measures are being taken or contemplated to ensure that the above-mentioned and any other similar provisions are amended, so as to ensure women and their families are not discriminated against in this regard. Also, as requested in its previous comments, the Committee asks the Government to consider taking measures to foster greater appreciation of the fact that women are often the primary or sole income-earners in a household, including amendments to the Marriage Act.

3. Further to its previous request for information on any follow-up action taken in pursuance of the study conducted on wages by the Ministry of Manpower and the Demographic Institute of the University of Indonesia in 1989, the Committee notes from the Government's statement in its report that no distinction of wages exist between men and women for work of equal value. However, statistical information (annual National Labour Force Survey -- SAKERNAS) on male and female wage earnings included in a joint ILO/UNDP study on "Employment Challenges of the Indonesian Economic Crisis" undertaken in June 1998, indicates that, despite a substantive decrease in the female/male wage gap from 57 per cent in 1989 to 69 per cent to date, the wage gap continues to be significant.The Committee also understands from the statistical information on the female/male nominal wage differentials by education that the gender difference is much more pronounced among the educated youth. The positive trend of a narrowing wage gap observable to upper secondary schooling (rising from 55 per cent among those who had at the most completed primary education, to 68 per cent among lower secondary-school graduates and further rising to 79 per cent among upper secondary-school graduates) is not carried through among those who completed post-secondary education. Among this group, women's wages constitute only 70 per cent of those of men. The Committee would be grateful if the Government, in its next report, could supply full statistical and other information in accordance with the Committee's general observation under this Convention. The Committee would also be grateful if the Government would provide information on any follow-up action taken with regard to the above wage differentials between men and women, including any research on comparative wage rates between men and women.

4. Further to the Committee's comment on the enforcement by the labour inspectorate of equal pay of minimum wages between men and women, the Committee notes the Government's statement in its report that regional minimum wages are valid to all workers of a certain region and do not differentiate between either male or female workers. The Committee however requests the Government to continue to provide information, in case of infringements of regional minimum wage rates detected by the labour inspectorate, on the extent to which these infringements have been related to violations of the principle of equal pay for work of equal value for men and women. The Committee also requests the Government to indicate, in its next report, the measures taken or envisaged to ensure that the labour inspectorate will pay particular attention to the enforcement of the principle laid down in section 113, paragraph 2, of the 1997 Manpower Act, once it has come into force.

5. The Committee must also repeat its request to the Government to provide, in its next report, sufficient information to enable the Committee to assess the implementation of the Convention in practice. Relevant information in this regard might comprise studies on the employment conditions of women undertaken by the Ministry of the State for the Role of Women or any other agency, and information on any initiatives taken by the Government or by organizations of employers and workers to promote either equality of opportunity and treatment in employment between the sexes generally or on measures to ensure and promote, in particular, the principle of equal remuneration for work of equal value for men and women. Studies or initiatives undertaken in response to the impact of the current economic crisis would be particularly useful and relevant.

CMNT_TITLE

The Committee notes the information contained in the Government's report.

1. The Committee notes that, in accordance with Ministerial Regulation No. PER-01/MEN/1986, minimum wages are fixed in line with the proposals of tripartite regional committees. It also notes that these regional minimum wage rates are reviewed annually with the aim of increasing them, in stages, to a level that will meet the living needs of workers and their families. Please provide information on the number of infringements detected by the labour inspectorate in the payment of regional minimum wage rates, together with information on the extent to which attention has been paid to the enforcement of equal pay between men and women.

2. In its previous direct request, the Committee noted that a study on wages had been conducted in 1989 by the Ministry of Manpower, in collaboration with the Demographic Institute of the University of Indonesia, with a view to ensuring a more effective implementation of the Convention. Please provide information on any follow-up action taken in pursuance of that study. The Committee also requests information on any other research concerning comparative wage rates between men and women.

3. Referring to its previous requests, the Committee hopes that the Government will supply, along with copies of the salary scales applying currently in the public sector, an indication as to the percentages of men and women employed at different levels in the various organs of that sector.

4. In its previous direct request, the Committee noted that the Final Report of an ILO/UNDP TSS1 Mission, "A Comprehensive Women's Employment Strategy" -- which was intended to serve as a contribution for the Five-Year Development Plan (REPELITA V1) -- states that the designation of a husband as head of household, as stated in the Marriage Act, can have negative implications for the receipt of employment-related benefits, such as allowances, housing, etc., by excluding women's entitlement (Part 6.1.4, paragraph 26). In this regard, the report cites a 1991 study which found that, in practice, women may not receive family allowances or benefits, as well as a number of legal provisions, including Ministerial Decree No. 02/P/M/Mining/1971, Act No. 33 of 1947 on accidents, Government Decree No. 37 of 1967 on the wages system for employees in state companies and the Decree of the Minister of Agriculture No. 418/Kpts/Ekku/5/1981. The Committee again requests the Government to indicate whether action is being taken or contemplated to ensure that these and any other similar provisions are amended so as to ensure that women and their families are not discriminated against in respect of such employment-related benefits. Also, as requested previously, the Committee asks the Government to consider taking measures to foster a greater appreciation for the fact that women are often the primary or sole income-earners in a household, including by amending the Marriage Act.

5. As a general comment, the Committee requests the Government to provide, in its next report, sufficient information to enable the Committee to assess the implementation of the Convention, in practice. Relevant information in this regard might comprise studies on the employment conditions of women undertaken by the Ministry of State for the Role of Women or any other agency, and information on any initiatives taken by the Government or by organizations of employers and workers to promote either equality of opportunity and treatment in employment between the sexes generally or on measures to ensure and promote, in particular, the principle of equal remuneration for work of equal value for men and women.

6. The Committee notes that the Government is in the process of finalizing the draft Manpower Affairs Act, which will deal comprehensively with employment matters. The Committee hopes that the Government will take this opportunity to enshrine in legislation the principle of equal remuneration for men and women for work of equal value. It also hopes that specific provision will be made for the principle to apply to all of the elements of remuneration, as defined by Article 1(a) of the Convention.

CMNT_TITLE

The Committee notes the Government's report and attached information, provided in response to the Committee's previous direct request.

1. The Committee notes the information concerning the activities of the labour inspection service to implement equal pay. It would be grateful if the Government would continue to supply such documentation in its future reports, including information on the outcome of any action taken to remedy infringements of the equal pay principle.

2. The Committee notes the indications provided on the means taken by the Government to inform and educate employers' and workers' organizations about equal remuneration. It hopes that these various initiatives will be continued and enhanced in the context of the measures being taken to strengthen tripartite collaboration to develop national policies and review legislation, as outlined in the Five-Year Workplan (1994-99) concluded in May 1994 between the Government and the ILO.

3. The Committee notes that, while a research project conducted by the Ministry of State for the Role of Women dealt with women's activities in general, there has not yet been a survey on women's wages. Noting, however, that a study on wage analysis was conducted by the Ministry of Manpower in collaboration with the Demographic Institute of the University of Indonesia, with a view to ensuring a more effective implementation of the Convention, the Committee requests the Government to provide detailed information on the findings of this study. Please also provide any information pertinent to the application of the Convention that might have been collected during the course of the project of the Ministry of State for the Role of Women or any other agency.

4. The Committee notes the provisions of the collective agreements furnished by the Government. It requests the Government to continue to provide such information in its future reports, together with an indication of the percentage of men and women employed in the various categories. The Committee notes that, although a copy of the salary scales applying in the public sector has been furnished by the Government, the report provides no indication as to the percentages of men and women employed at the different levels. It again requests the Government to provide this information, together with any available statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or level of qualifications, as well as information on the corresponding percentage of women.

5. The Committee notes that the Final Report of an ILO/UNDP TSS1 Mission (1993), "A Comprehensive Women's Employment Strategy" - which is intended to serve as a contribution for the Five-Year Development Plan (called REPELITA V1) - states that the designation of a husband as head of household, as stipulated in the Marriage Act, can have negative implications for the receipt of employment-related benefits, such as allowances, housing, etc., by excluding women's entitlement (Part 6.1.4 paragraph 26). In this regard, the report cites a 1991 study carried out on the Life Strategy of Female Headed Households in five communities in five provinces in North Sumatra, West Sumatra, Jakarta, West Java and East Java, where it was found that, in practice, women may not receive family allowances or benefits. A number of provisions are mentioned in this respect, including Ministerial Decree No. 02/P/M/Mining/1971, Act No. 33 of 1947 on accidents, Government Decree No. 37 of 1967 on the wages system for employees in state companies and Decree of Minister of Agriculture No. 418/Kpts/Ekku/5/1981. The Committee requests the Government to indicate whether action is being taken or contemplated to ensure that these and any other similar provisions are amended so as to ensure that women and their families are not discriminated against in respect of such employment-related benefits. In order to eliminate discriminatory practices of this type, the Committee also requests the Government to consider taking measures to foster a greater appreciation for the fact that women are often the primary or sole income-earners in a household, including amending the Marriage Act.

CMNT_TITLE

The Committee notes that the Government's brief report contains no reply to its comments. It hopes that the next report will include a copy of Ministerial Circular Letter No. 4/1988 on non-discrimination against women, mentioned in the report, and full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee notes the statement in the report that no contravention of the equal pay provision had been detected by the labour inspectorate. The Committee requests the Government to provide information concerning the number of inspection visits made, in which particular attention has been paid to the enforcement of equal pay, and to provide copies of the official inspection letter and report of inquiry referred to in the Committee's previous direct request.

2. The Committee also again requests the Government to furnish information on the measures taken to provide guidance to employers on equal pay and to study the provisions of collective agreements and company regulations.

3. The Committee notes that the report of the Government contains no information in response to the Committee's request for information concerning a research project on women's wages, which was to have been undertaken by the Indonesian National Commission on Status of Women. The Committee requests the Government to provide information on any surveys or studies undertaken by the Commission or other agencies with a view to ensuring a more effective implementation of the Convention.

4. The Committee notes that the documents outlining job descriptions for all occupational categories, said to be attached to the Government's report, were unfortunately not received. The Committee hopes that this information will be forwarded with the Government's next report.

5. The Committee notes the text of the collective agreement between the Trade Union of the Niaga Bank and Insurance and Citibank. It hopes that with its next report the Government will supply copies of other collective agreements, including wage rates, for industries or enterprises employing a significant number of women workers.

6. The Committee notes that, for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through the application of the principle of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or level of qualifications, as well as information on the corresponding percentage of women.

CMNT_TITLE

The Committee notes the information contained in the Government's report and documentation.

1. Referring to its previous direct request, the Committee notes the statement in the report that no contravention of the equal pay provision had been detected by the labour inspectorate. The Committee requests the Government to provide information concerning the number of inspection visits made, in which particular attention has been paid to the enforcement of equal pay, and to provide copies of the official inspection letter and report of inquiry referred to in the Committee's previous direct request.

2. The Committee also again requests the Government to furnish information on the measures taken to provide guidance to employers on equal pay and to study the provisions of collective agreements and company regulations.

3. The Committee notes that the report of the Government contains no information in response to the Committee's request for information concerning a research project on women's wages, which was to have been undertaken by the Indonesian National Commission on Status of Women. The Committee requests the Government to provide information on any surveys or studies undertaken by the Commission or other agencies with a view to ensuring a more effective implementation of the Convention.

4. The Committee notes that the documents outlining job descriptions for all occupational categories, said to be attached to the Government's report, were unfortunately not received. The Committee hopes that this information will be forwarded with the Government's next report.

5. The Committee notes the text of the collective agreement between the Trade Union of the Niaga Bank and Insurance and Citibank. It hopes that with its next report the Government will supply copies of other collective agreements, including wage rates, for industries or enterprises employing a significant number of women workers.

6. The Committee notes that for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through the application of the principle of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level, as well as information on the percentage of women employed in different occupations or sectors.

CMNT_TITLE

The Committee notes the information contained in the Government's report.

1. The Committee notes the indications concerning the procedure followed by labour inspectors in cases involving an infringement of Government Regulation No. 8 of 1981 (which prohibits wage discrimination between male and female workers for work of equal value). Further to its previous comments, the Committee would be grateful if the Government would provide more detailed information on the enforcement of the above-mentioned equal pay provision by labour inspectors, indicating the number of cases in which contravention of the provision was detected, the frequency with which official reports of inquiry are issued following the non-observance of labour inspectors' notices of warning, and the results obtained through such reports, as well as information on any other proceedings which may emanate from this procedure. In an earlier report the Government stated that measures had been taken to provide guidance and information to employers and to study the provisions of collective labour agreements and company regulations. The Committee again requests the Government to furnish information on these measures.

2. In a previous comment, the Committee noted that a research programme concerning the wages of women workers in Jakarta was being planned by the Indonesian National Commission on the Status of Women. The Committee requests the Government to indicate whether this project was pursued and to provide information on any other activities undertaken by the Commission which are relevant to the principle of the Convention.

3. The Committee again requests the Government to supply copies of the documents stated to have been prepared concerning job descriptions for all occupational categories.

4. Noting that a number of documents referred to in the Government's report were unfortunately not received, the Committee requests the Government to forward with its next report, examples of collective agreements, including wage rates for sectors or industries employing a significant number of women workers. The Committee would also be grateful if the Government would forward copies of the official inspection letter and report of inquiry referred to in its report.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In previous comments the Committee noted that the practical application of section 3 of Government Regulation No. 8 of 1981 (which prohibits wage discrimination between male and female workers for work of equal value) rests upon minimum wage fixing by industry or region and piece-rate wages.

The Committee takes note of the list of minimum wage fixing decisions and the collective agreement of PT Primatex Co., Indonesia, supplied by the Government with its report. It requests the Government to supply copies of texts of any minimum wage fixing decisions which show the rates thus fixed and of collective agreements concluded, in particular in sectors with a high percentage of female workers, and to indicate the approximate number of workers covered.

2. In the previous comment, the Committee noted that in order to promote and ensure the observance of section 3 of Regulation No. 8 of 1981, with regard to wages and allowances fixed by collective or individual agreement, the Government had taken measures to provide guidance and information to employers, to establish a system of enforcement carried out by labour inspectors, and to undertake in-depth studies of the provisions of collective labour agreements and company regulations. It requested the Government to supply more detailed information on the various measures taken and the results achieved, including copies of reports by labour inspectors and details concerning any proceedings under section 3 of Regulation No. 8 of 1981.

Since the Government's report contains no reply to this request, the Committee again asks the Government to furnish information in this connection.

3. With reference to its earlier comments, the Committee again requests the Government to supply information on recent activities of the National Commission on the Status of Women relevant to the principle of the Convention, including the results of any research performed concerning the wages of women workers.

4. The Committee also requests the Government to supply copies of the documents prepared concerning the job descriptions which have been set up for all categories of occupation, as it indicated in its previous report.