Garment: Fair Treatment

Equal Pay for Equal Work 

1. What is equal pay for equal work? 
2. What is the pay gap?
3. What is the gender pay gap?
4. Does Manpower Law prohibit the gender pay gap?
5. Does the gender pay gap occur in the garment sector?
6. How to know if a worker is paid fairly?

Discrimination in the Garment Workplace

1. What is discrimination in the workplace?
2. What forms of discrimination can be found in the garment sector?
3. Does the Manpower Law regulate discrimination in the workplace?
4. What should employers do to address discrimination in the workplace?
5. What can be done by workers whose employer discriminates?

Sexual Violence in Garment Workplace

1. What is sexual violence in the workplace?
2. Who can be the victim of sexual violence?
3. What can be categorized as sexual violence?
4. How to determine if an action is categorized as sexual violence?
5. Does sexual violence occur in the garment sector?
6. What can employers do to prevent sexual violence?

EQUAL PAY FOR EQUAL WORK

WHAT IS EQUAL PAY FOR EQUAL WORK?

Equal pay for equal work means the wage provided is equal, without discrimination, to every worker who performs similar work, at the same level of qualification/position, within the same company.

Work of equal value can be viewed from several factors, such as responsibility, level of difficulty, job risk, and contribution to the company (the Letter of Minister of Manpower Number: SE.60/MEN/SJ-HK/II/2006 concerning Guideline for Equal Opportunity and Treatment at Work in Indonesia/Equal Employment Opportunity (EEO).

WHAT IS THE PAY GAP?

The pay gap occurs when workers in the same company do similar work, at the same level of qualification/position, yet are paid unequally.

WHAT IS THE GENDER PAY GAP?

The gender pay gap means the difference in wages based on the worker's gender. This difference occurs when male workers and female workers in the same company do similar work, at the same level of qualification/position, yet are paid unequally. For example, because of the assumption that male workers are the head of the family and the main breadwinners in the family, while female workers are only housewives and additional breadwinners in the family.

DOES MANPOWER LAW PROHIBIT THE GENDER PAY GAP?

Yes. Article 88A paragraphs (1) and (2) of Law Number 13 of 2003 concerning Manpower jo. Law Number 11 of 2000 concerning Job Creation and Article 2 paragraphs (2) and (3) of Government Regulation Number 36 of 2021 concerning Wages asserts that every worker has the right to receive equal treatment in the wage system implementation without discrimination and has the right to receive equal pay for work of equal value.

This regulation affirms the protection in Law Number 80 of 1957 concerning Ratification of ILO Convention Number 100 of 1951 concerning Equal Remuneration for Male and Female Workers for Work of Equal Value. ILO Convention 100 is one of the eight basic ILO conventions, which aim to eliminate discrimination in terms of remuneration by ensuring that male and female workers receive equal pay.

Regulations on equality in work are regulated in:

Law 21 of 1999. Ratification of ILO Convention No. 111 Concerning Discrimination In Respect Of Employment And Occupation - https://jdih.kemnaker.go.id/data_puu/peraturan_file_22.pdf

Law Number 13 of 2003

DOES THE GENDER PAY GAP OCCUR IN THE GARMENT SECTOR?

Yes. Wage discrimination and pay gaps based on 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 one of the sectors considered as “women's work” as it absorbs a lot of female workers. Many women themselves choose to work in this sector because they can work part-time so that they can still complete domestic affairs in the household. Whereas part-time jobs are usually lower paid and give no opportunity for promotion. Furthermore, in determining wages nationally, workers in this sector also receive lower wages than workers in other industrial sectors.

HOW TO KNOW IF A WORKER IS PAID FAIRLY?

In general, the salary system assessed to be fair is when workers in the same company, doing similar work, at the same level of qualification/position, receive the same amount of wages. However, sometimes some factors such as responsibility, level of difficulty, risk of work, and contribution to the company (work performance) may then differentiate the amount of wages from one worker to another. To achieve fairness, it is necessary to have transparency in determining wages through Wage Structure and Scale or the arrangement of wage levels from the lowest to the highest or vice versa, for each position/job title group by including various factors that affect the amount of wages.

You can also use Check Garment Wage and Garment Wage Survey facilities at Gajimu which enable you to share and compare the salary according to the type of job/profession and the period of work experience in this field. Next, the average/range salary of workers in the chosen profession will appear.

DISCRIMINATION IN THE GARMENT WORKPLACE

WHAT IS DISCRIMINATION AT WORKPLACE?

Discrimination at the workplace means any difference, exclusion, or choice based on race, color, gender, religion, political belief, nationality, or origin in society, which results in the loss or reduction of equality in opportunity or treatment in employment or occupation.

WHAT FORMS OF DISCRIMINATION CAN BE FOUND IN THE GARMENT SECTOR?

Discrimination can show in various ways. The following are examples of forms of discrimination that often occur in the workplace, including in the garment sector, among others:

1. Discrimination against freedom of association and protection of the right to associate.
2. Discrimination against equality in treatment, opportunity, and arrangement of equal terms of work at the workplace.
3. Discrimination in remuneration for work of equal value.
4. Discrimination in receiving skills training.
5. Discrimination in obtaining certain employment and occupation, as well as terms and conditions of employment in recruitment, selection, and placement.

The various discriminations above, especially targeting vulnerable groups, namely female workers, workers with disabilities, and workers with certain Sexual Orientation and Gender Identity (Lesbian, Gay, Bisexual, and Transgender/LGBT).

DOES THE MANPOWER LAW REGULATE DISCRIMINATION IN THE WORKPLACE?

Yes, Manpower Law prohibits all forms of discrimination. All workers have the same opportunity to be employed and receive the same treatment without discrimination from employers. Indonesia has also ratified ILO Convention Number 111 by Law Number 21 of 1999 concerning the Ratification of ILO Convention Number 111 of 1957 concerning Discrimination in Respect of Employment and Occupation. This Convention is intended to promote equality of opportunity and treatment to end all forms of discrimination in employment and employment opportunities. Discrimination must be eliminated in terms of work, access to job training, and terms and conditions of employment in recruitment, selection, and placement.

WHAT SHOULD EMPLOYERS DO TO ADDRESS DISCRIMINATION IN THE WORKPLACE?

Employers must implement several National and International labor law instruments that regulate the elimination of discrimination in the workplace. As a guideline, employers and all related parties can follow and apply the Guideline for Equal Opportunity and Treatment at Work in Indonesia/Equal Employment Opportunity (EEO) regulated in Circular Letter of Minister of Manpower Number: SE.60/MEN/SJ-HK/II/2006. This guideline provides direction in implementing and supporting equality in opportunity and treatment in all aspects of the world of work. Including labor recruitment, remuneration, and compensation, as well as career development and working conditions.

WHAT CAN BE DONE BY WORKERS WHOSE EMPLOYER DISCRIMINATES?

Workers whose garment company discriminates can take the following steps:

1. Workers who experience discriminatory treatment by an employer can explain that the employer's actions are a discriminatory treatment that harms or disrupts them. Otherwise, you have no obligation to explain anything as the action has already taken place.
2. Report the discriminatory treatment you experience to the Trade Union/Labor Union in the company and ask for assistance to process this violation.
3. Then, this violation is processed firstly by negotiation between the worker assisted by the Trade Union/Labor Union, and employer. If the victim's rights are not fulfilled, for example: in the form of revocation of discriminatory action, return of victim's rights, apology, etc., then this violation can be reported to Labor Supervision section at the local Provincial/City/Regency Office. Manpower Supervisor is Civil Servant appointed and assigned to supervise and enforce the implementation of statutory regulations in the manpower sector. The manpower supervisor has the right to enter the company or any workplace or places where work is performed with the alleged violation.   

SEXUAL VIOLENCE IN GARMENT WORKPLACE

WHAT IS SEXUAL VIOLENCE IN THE WORKPLACE?

In the Sexual Violence Criminal Law, various forms of sexual violence encompass non-physical sexual harassment, physical sexual harassment, contraceptive coercion, forced sterilization, forced marriage, sexual torture, sexual exploitation, sexual slavery, and electronic-based sexual violence.

Furthermore, sexual violence offenses also include rape, indecent acts, sexual violence against children, non-consensual indecent acts, child pornography, forced prostitution, human trafficking for sexual exploitation, domestic sexual violence, money laundering originating from sexual violence, and other offenses deemed sexual violence under the law.

WHO CAN BE THE VICTIM OF SEXUAL VIOLENCE?

Sexual violence can happen to anyone, both men and women. However, it should be noted that sexual violence is a form of gender-based violence or violence directed at people because of their gender, or affecting people of particular gender disproportionately. In the gender construction in our society, there are unequal power relations between men and women, resulting (in fact) in Gender-Based Violence, especially sexual violence, which is more common in women than men. 

This action can take place between a worker/superior and another worker (vertical relationship) or between worker and worker (horizontal relationship), between employer and contract worker or outsourced worker, and between worker/service provider and client/third party.

WHAT CAN BE CATEGORIZED AS SEXUAL VIOLENCE?

Minister of Manpower Regulation Number 88 of 2023 on Guidelines for the Prevention and Handling of Sexual Violence in the Workplace, issued on May 29, 2023, identifies three common forms of sexual violence that frequently occur in the workplace:

1. Non-physical Sexual Harassment, which includes verbal/verbal abuse, gesture/visual harassment, and psychological/emotional harassment.
2. Physical Sexual Harassment encompasses actions such as kissing, patting, pinching, and imposing oneself with lustful intent.
3. Electronic-Based Sexual Violence committed by perpetrators who, without authorization:

• Record and/or capture images or screenshots with sexual content without the consent of the subject.
• Transmit electronic information and/or documents with sexual content against the recipient's will and directed towards sexual desires.
• Engage in electronic stalking and/or tracking of individuals targeted in electronic information/documents for sexual purposes.

HOW TO DETERMINE AN ACTION IS CATEGORIZED AS SEXUAL VIOLENCE?

An act of Sexual violence in the workplace can be identified by the following:

1. Any action that is unwanted or unacceptable by the victim that has an impact or results in causing offense, shame, and/or fear. Therefore, in every act of Sexual violence, the victim’s opinion is the principal matter.
2. The action has the effect of creating an intimidating, hostile, or offensive work environment. This kind of environmental assessment is also important, given that victims of sexual violence are often afraid, embarrassed, and confused.
3. Utilizing the perpetrator's power relation over the victim to influence the employment process or working conditions, for example, asking for sexual rewards for a given promotion.

DOES SEXUAL VIOLENCE OCCUR IN THE GARMENT SECTOR?

Yes. Sexual violence is still common in garment factories because 90% of workers in garment factories are women. Sexual violence occurs because of the unequal situation between female workers and male workers. Harassment is not only perpetrated by co-workers, sexual violence is also often perpetrated by mechanics, supervisors, or male superiors.

WHAT CAN EMPLOYER DO TO PREVENT SEXUAL VIOLENCE?

Prevention is the most effective tool that employers can use to deal with sexual violence in the workplace. Precautions include:

1. Communication: carried out by socialising about sexual violence using communication tools commonly used within the company such as bulletin boards, posters, company bulletins, trade union bulletins, communication groups, etc.
2. Education: carried out through orientation and induction programme for new staff, discussion or seminar held by company/labor union, or certain programmed activity.
3. Training: provide specific training on preventing, recognizing, and dealing with cases of sexual violence in the workplace.
4. Establishing a task force or team to address sexual violence in the workplace.
5. Encouraging the company to build a commitment to preventing Sexual violence in the work environment, including procedures for complaints, handling, imposing sanctions and disciplinary action for perpetrators, protection and recovery for victims, specified in the Employment Agreement/Company Regulation/Collective Bargaining Agreement.