10/13 Fair Treatment for Garment Workers

Equal Pay for Equal Work

What is equal pay for equal work?

Equal pay for equal work is the concept of labor rights that workers in the same workplace be given equal pay as other workers that are doing work of equal value, the same or broadly similar work.

What is a pay gap?

A pay gap occurs when two individuals in a company do similar work at the same level of qualification, yet are not paid equally.

What is the gender pay gap?

The gender pay gap is defined as the average difference of gross salaries of men and women workers. This difference occurs when men and women co-workers on similar jobs receive different salaries. Simply put, gender pay gap is the difference between women's and men's average salaries

Does Labour Law prohibit the gender pay gap?

Labour Law guarantees every worker the right to receive equal treatment without discrimination from their employer. Indonesia has ratified Equal Remuneration Convention No. 100 which requires equal pay for work of equal value and prohibits discrimination in pay related matters on account of sex. Wage differentials, based on objective job appraisals, are not considered discrimination

This convention is one of the 8 basic ILO conventions, which seek to eliminate discrimination in terms of remuneration to ensure that the men and women workers receive the same wages

Does the gender pay gap occur in garment sector?

Wage discrimination and pay gaps between gender are still found in various sectors in Indonesia. This inequality can be seen in the labor division based on gender that occurs throughout Indonesia. The garment sector is regarded as ""women's work"" so that it absorbs a lot of women workers, in which large number of them choose to work part-time for family reasons, where part-time work is usually paid less and gives no opportunity to get promoted.

This labor division contributes to the pay gap where women generally do not get the same opportunities and wages as men.

How to know if workers are being paid equally?

In general, workers assess if their salary distribution system is fair when they receive salary that is equal to their work performance. In order for workers to know whether they are paid fairly or not, they have to analyze the economic state/condition of their employer, such as the number of staff, what type of positions are available, the salary received by each worker, salary increases/promotions that have been granted or made.

You can also use the Gajimu Garment website and do the Salary Checks wich enable webvisitors to share and compare their salaries with their colleagues.

Discrimination in Garment

What is discrimination at the workplace?

Discrimination at the workplace occurs when an individual is treated unfavorably due to any number of factors and/or actions that prevent an individual to have the same opportunity to earn recognition, rewards for their work performance or a fair work performance assessment.

What form of discrimination can be found in garment sector?

Discrimination can show in various ways. Here are examples of the types of discrimination that often occur at the workplace, including in the garment sector:

  • Gender discrimination. Typically, women worker often suffer from gender discrimination. Women often being questioned on their work ability, and cannot occupy certain high positions. In the garment sector, only a handful of women thus far could occupy managerial positions.
  • Age discrimination. It often happens to old age workers that they are replaced with young workers for productivity reasons.
  • Tribe, religion, race discrimination. Racial discrimination occurs because of favoritism towards a specific tribal, racial, ethnic, and excluding others because of their race and/or ethnicity.
  • Disability Discrimination. There are still many garment companies which have not provided employment opportunities for people with disabilities. Whereas the Disabilities Act requires employers to employ at least 1 person on their staff who are disabled if the employer employs 100 workers (and more).

Does the Labour Law prohibit discrimination at the workplace?

The Labor Law prohibits all forms of discrimination. All workers have an equal opportunity to obtain employment and equal treatment without discrimination from employers. Work termination is prohibited if it is done on the basis of ideological, religious, political, ethnic, race, color, social group, physical condition or marital status of a worker.

Indonesia has ratified ILO Convention No. 111 on Discrimination (Employment and Occupation). This convention promotes equal opportunity and treatment in order to put an end to all forms of discrimination in employment and occupation. Discrimination which restricts access to vocational training, work, and as well as the terms and conditions of employment should also be eliminated.

What can be done by the employer to prevent discrimination at the workplace?

Employers can apply the guidelines on Equal Employment Opportunity (EEO) made by ILO, Ministry of Manpower and Transmigration, which has been agreed between the labour/Trade unions and Indonesian Employers Association (Apindo). The guidelines include all policies and their implementation, which aims to eliminate discrimination at the workplace, including:

a. Fair treatment
b. Implementing merit-based systems of employment and promotion. EEO carried out with reference to a person's work performance, leaving employers with human resources suited to the job requirements
c. Instruments to achieve efficiency. With the implementation of the EEO, it is expected to achieve efficiency and effectiveness, thus increasing productivity and work ethic to compete
d. Including active and potential workers in decision making. This condition contributes indirectly to the success of a company’s planning to achieve quality management
e. Enhancing career advancement. In accordance with the EEO objectives, it will eliminate barriers at the workplace to reach the top of workers careers
f. All aspects of the world of work. EEO can be implemented from recruitment, provision of wages and compensation, career development and working conditions."

What can be done by the worker whose company discriminates?

If a company discriminates, a worker can take action as follows:

  • Workers who are the victim of discrimination by the employer must negotiate their issues amicably with their employer.
  • If the bipartite negotiations do not succeed, one or both parties report the dispute to government agency responsible for manpower affairs, accompanied by proof that the effort of bipartite negotiations has been undertaken
  • After receiving a report from one or both parties, the government agency responsible for manpower affairs shall offer to the parties to select an agreed settlement whether through mediation or conciliation"

Sexual Harassment in Garment Workplace

What is sexual harassment at the workplace?

Sexual harassment is any unwanted conduct of a sexual nature, request for sexual favours, verbal or physical conduct or gesture of a sexual nature; or other behaviour of a sexual nature that makes the targeted individual feel humiliated, offended and/or intimidated, where such reaction is reasonable in the situation and condition; or made into a working requirement or create an intimidating, hostile or inappropriate working environment.

Who can be the victim of sexual harassment?

Sexual harassment can happen to anyone. Both men and women can be victims or perpetrators of behaviour that is considered rude, humiliating or intimidating.

This behaviour can take place between the employer / supervisor and an employee (vertical relationship) or between employee and employee (horizontal relationship), between an employer and contract or outsourced worker and between employees and service providers, clients or third parties. Unwanted behaviour that is done repeatedly or continuously or a single incident may be identified as a sexual harassment.

What can be categorized as sexual harassment?

Sexual harassment can take various forms. Broadly, there are five forms of sexual harassment.

  1. Physical harassment includes unwelcome touching in a sexual manner such as kissing, patting, pinching, glancing or staring full of lust 
  2. Verbal harassment includes unwelcome comments about private life or body part or person’s appearance, sexually suggestive jokes and comments 
  3. Gestural harassment includes sexually suggestive body language and or gestures, repeated winks, gestures with fingers, and licking lips 
  4. Written or graphic harassment includes display of pornographic materials, sexually explicit pictures, screen savers or posters, or harassment via emails and other modes of electronic communication 
  5. Psychological/emotional harassment consists of persistent proposals and unwelcome requests, unwanted invitations to go out on dates, insults, taunts or innuendo of a sexual nature."

How to determine level of reasonableness of sexual harassment?

Measuring reasonableness in sexual harassment can be done by identifying whether the behaviour leading to a sexual harassment conduct is making the victim feel offended, ashamed or afraid. The key aspect of behaviour that constitutes sexual harassment is the unwelcome nature of it. Besides “the unwanted” element, offensive behaviour can lead to sexual harassment.

Interaction which is based on mutual consent is not sexual harassment.

Does sexual harassment occur in the garment sector?

Sexual harassment still occurs in garment factories, because of the unequal situation between female workers and male workers. Harassment is not only done by fellow male colleagues, harassment is also done by male mechanics and supervisors.

What can be done by employers to prevent sexual harassment?

The employer should take the following actions to prevent and resolve cases of sexual harassment, as regulated in Guidelines on sexual harassment prevention at the workplace issued by ILO, Ministry of Manpower and agreed by APINDO and Trade Union representatives :

  • Develop, endorse and communicate to all employees a sexual harassment policy within the working environment. This should be disseminated to all employees during recruitment and introduction.
  • Take effective and appropriate remedial action if sexual harassment occurs.
  • Conduct formal training to ensure that all workers are aware and understand the company's policy regarding sexual harassment.
  • Establish in-house grievance/compliance mechanisms at the factory or organization level to prevent and respond to cases of sexual harassment at the workplace."
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