Make Sure the State Meets its Obligation to Eradicate Gender-Based Violence and Harassment in the Workplace
Jakarta, November 27, 2023
Today, we, the women representatives of Factory Level Garment, Textile, and Footwear Trade Unions from four regions—DKI Jakarta, Banten, West Java, and Central Java—conducted an audience with the National Commission on Violence Against Women (Komnas Perempuan). We aimed to discuss and provide information to the Commissioners of Komnas Perempuan regarding data and various forms of gender-based violence, as well as numerous maternity rights violations occurring in the workplaces of the Garment, Textile, and Footwear sectors.
Our data includes findings from the DecentWorkCheck survey collected by the initiative programme "Makin Terang: Improving Work and Worker Representation in Indonesia." This pogramme run by our organisations: Serikat Pekerja Nasional (SPN), SPSI TSK, and GARTEKS KSBSI, along with supporting organisations such as Trade Union Rights Centre (TURC), Gajimu.com, WageIndicator Foundation, and FNV Mondiaal.
The 2022 DecentWorkCheck survey from this programme compiled responses from 4,529 workers in 149 TGSL sector factories across Banten, DKI Jakarta, West Java, Central Java, and Yogyakarta. The survey's findings on various violations and non-compliance with labour laws related to Gender-Based Violence and Harassment in the Workplace are as follows:
Reports of Sexual Harassment in the Last Year |
1. Six factories out of 149 reported sexual harassment cases in the workplace (1 in Banten, 5 in West Java). 2. Based on 3,819 respondents, 194 reported experiencing workplace sexual harassment (1 in 20 respondents). |
Compliance with Menstrual Leave |
44 out of 149 factories did not provide menstrual leave for female workers (7 in Banten, 1 in DKI Jakarta, 20 in West Java, 11 in Central Java, and 5 in DI Yogyakarta). |
Compliance of Three Months Maternity Leave |
62 out of 4,388 respondents (1.4%) stated that companies did not comply with maternity leave regulations. |
Full Payment of Wages during Maternity Leave |
252 out of 4,181 respondents (6%) reported companies not paying full wages during maternity leave. |
Two Days Paternity Leave |
195 out of 4,081 respondents (4.8%) stated that companies did not provide paternity leave for workers whose wives gave birth or experienced a miscarriage. |
Full Payment of Wages during Paternity Leave |
208 out of 3,988 respondents (5.2%) reported companies not paying full wages during paternity leave. |
Breastfeeding Facilities |
998 out of 3,861 respondents (25.8%) stated working in companies that do not provide breastfeeding facilities. |
Rest Time for Breastfeeding |
601 out of 3,792 respondents (15.8%) reported companies not providing break time for breastfeeding. |
In addition to the survey data, based on our workplace experiences, we've encountered various forms of gender-based violence and harassment:
- Discrimination: disparities in wage structures and scales between male and female workers, promotions predominantly for males, as women in lower positions are vulnerable to sanctions and face difficulties obtaining permission to participate in union activities as female representatives of workers' unions (SP/SB).
- Reproductive health rights: complications in obtaining menstrual leave, categorizing menstruation as an illness requiring a doctor's note, pressuring workers to consult gynecologists continuously, subjecting them to sexually abusive examinations, converting menstrual leave into monetary compensation, deducting annual leave for menstrual leave, cutting attendance bonuses for taking menstrual leave, and questioning compliance with targets.
Maternity rights: threats of termination during pregnancy, layoffs during pregnancy citing contract expiration or work violations, assigning strenuous tasks to pregnant workers, limited and insufficient lactation room facilities that merely meet minimum requirements, and almost nonexistent childcare facilities. - Violence and harassment
Verbal: insults, abuses, shouting, threats, bullying, intimidation, and sexual harassment through social media and online messaging services.
Physical: throwing objects made of production materials, kicking, and, in extreme cases, murder for rejecting advances from superiors.
Psychological: threats and intimidation lead to anxiety, stress, frustration, and depression.
- Economic violence: unpaid overtime, forced overtime with the requirement to use break time to meet targets, threats with warning letters, a 50% wage reduction, and layoffs starting from COVID-19 and persisting until today.
While we, as trade unions, have taken actions in advocating these issues such as:
- Negotiating with management
- Urging sanctions against perpetrators
- Reporting incidents to labour and police authorities
- Advocating for the establishment of childcare facilities,
- Advocating for the establishment of a supporting division to replace women workers on maternity leave
- Engaging in collective bargaining discussions with brands/buyers to improve working conditions
These efforts require further reinforcement through state policies and a commitment to fulfilling the state's responsibility in eradicating violence and harassment in the workplace. Therefore, in this meeting, we call on Komnas Perempuan, the institution mandated to enhance efforts in eliminating all forms of violence against women and protecting women's human rights, to:
- Recommend the state to revise maternity leave duration from 12 weeks to 14 weeks and miscarriage leave from 6 weeks to 7 weeks with full wages, in line with ILO Convention No. 183 of 2000 on Maternity Protection.
- Recommend the state to revise paternity leave duration (for workers whose wives give birth or have a miscarriage) from 2 days to 7 days for accompanying, caring, and maintaining physical and mental conditions with full wages.
- Recommend the state to ensure the reinforcement of regulations prohibiting pregnant workers from working at night and performing hazardous tasks from early pregnancy.
- Recommend the state to withdraw the sickness requirement in the provisions of menstrual leave for female workers.
- Recommend the Indonesian Medical Association (IDI) and other doctor professional organisations to ensure doctors understand maternity rights and reproductive health, especially menstrual leave, to guarantee women workers' reproductive health rights.
- Recommend the Ministry of Manpower of the Republic of Indonesia, particularly the Labor Inspection Officials, to enforce labour regulations and ensure criminal sanctions for companies violating labour norms.
- Recommend the state to promptly ratify ILO Convention 190 on the elimination of violence and harassment in the world of work.
- Recommend Komnas Perempuan to regularly monitor cases of gender-based violence and harassment in the workplace.
This statement and recommendations to Komnas Perempuan are conveyed for the sake of decent work and freedom from gender-based violence for all workers!
Long live Workers!
Women Representatives of Factory Level Garment, Textile, and Footwear Trade Unions in the regions of DKI Jakarta, Banten, West Java, and Central Java
Contact persons:
Nurul Huda Yulianti (085719914260)
Yanti Kusriyanti (081806667011)
Rifqi Zulfikar (0895347027770)