Workers Equality Rights

Based on United Nation, Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. The state wants to guarantee and ensure that every citizen has this opportunity, therefore laws and regulations are designed and legalized.

In the first Constitution, the state has not fully guaranteed equal rights for every citizen in several fields, especially in the work environment. As the understanding of the constitution develops, additional points appear that are starting to be adequate in guaranteeing equal rights in the work environment, such as in Law no. 13 of 2003 regarding Employment, Law no. 11 of 2020 regarding Job Creation, and Presidential Regulation No. 36 in 2021.

The Right to Equal Opportunity and Treatment

Articles 5 and 6 of Law no. 11 of 2020 Regarding Job Creation, the state ensures that female and male workers have equal opportunities without discrimination to get jobs and treatment from employers.

The Right to Get Job Training and Career Development Programs

Article 11 Law no. 11 of 2020 Regarding Job Creation, the state ensures that female and male workers have the right to obtain and/or improve and/or develop work competencies in accordance with their talents, interests and abilities through job training.

The Right to Placement of Labor

Article 31 Law no. 11 of 2020 Regarding Job Creation, the state ensures that female and male workers have the same rights and opportunities to choose, get or change jobs and earn a decent income inside or outside the country.

The Right to Equal Pay

The state ensures that women and men workers have the right to a decent living for humanity and are entitled to equal wages for work of equal value through Presidential Regulation No. 36 in 2021.

The Right to Welfare

The state ensures that female and male workers and their families are entitled to obtain social security for workers through Law no. 11 of 2020 regarding Job Creation Article 99.

The Right to Rest and Leave

Article 81 Law no. 11 of 2020 concerning Job Creation, the state ensures that employers are obliged to provide rest time between working hours and one day weekly rest for six working days in one week. In addition, it also ensures that employers are obligated to provide annual leave of at least 12 working days after the worker concerned has worked for 12 months continuously, as well as provide sick leave and leave for important reasons.

The fulfillment of women’s reproductive rights has also been guaranteed by law no. 13 of 2013 regarding Employment, namely:

• Article 81, menstruation leave for two days.

• Article 82, miscarriage leave for 1.5 months.

• Article 82, maternity leave for three months, which consists of 1.5 months before giving birth and 1.5 months after giving birth.

• The right for women workers/labourers whose children are still breastfeeding are given proper opportunities to breastfeed their children if this must be done during working hours.

Laws made by the state become a reference for an organization to develop policies and carry out its practices. An organization is allowed to take more initiatives that are in line with company values, such as diversity and inclusiveness, for the sake of business sustainability. One of them is by allowing flexible working time for workers so they can share roles with their partners in managing the household.

However, before receiving these workers’ rights, every worker needs to fulfill their obligations in advance according to the provisions of the Civil Code, namely:

• Obligation to do work in accordance with the Employment Agreement.

• It is mandatory to do the work, unless you have received permission to ask someone else to replace it.

• Obligation to comply with company rules, laws and regulations, employment agreements.