Garment: Family Responsibilities

FAMILY RESPONSIBILITIES OF GARMENT WORKERS

LEAVE FOR FAMILY PURPOSES FOR GARMENTS WORKERS

  1. Does the labor law regulate leave for family purposes?
  2. What kinds of events allow paternity leave? 
  3. Are male workers who are single parents allowed to take special leave to take care of their children?

PARENTAL LEAVE IN GARMENT SECTOR

  1. Do garment workers get paid leave to take care of their children’s purposes?
  2. Are they any regulations regulating leave entitlement for workers adopting newborn babies? 
  3. Are garment workers entitled to leave for taking care of children who are sick?

 

LEAVE FOR FAMILY PURPOSES FOR GARMENT WORKERS

IS THERE ANY EMPLOYMENT LAW REGULATING LEAVE FOR FAMILY PURPOSES?

Yes, Law Number 13 of 2003 on Employment (Law No. 13 of 2003) in Article 93 paragraph (4) states that workers are entitled to leave for a reason of family purposes and remain paid fully (basic salary + fixed allowances). A Worker may take leave if he/she:

  1. Gets married, paid leave for 3 (three) days.
  2. Marries his/her child, paid leave for 3 (three) days.
  3. Circumcises his/her child, paid leave for 2 (two) days
  4. Baptizes his/her child, paid leave for 2 (two) days; or
  5. His wife is pregnant/experiencing miscarriage, paid leave for 2 (two) days
  6. His husband/wife, parents/parents-in-law, child or child-in-law passes away, paid leave for 2 (two) days
  7. His member of the family living under one roof passes away, paid leave for 1 (one) day.

 

WHAT KINDS OF LEAVE CAN BE CONSIDERED AS PATERNITY LEAVE?

Leave that can be considered as paternity leave is 2 days leave taken when his wife gives birth/experiences miscarriage. It is referred to as paternity leave because it is only for fathers/husbands whose wives give birth/experience a miscarriage. Many companies have their own rules regarding paternity leave, by which companies determine that paternity leave is more than 2 days. 

 

ARE MALE WORKERS WHO ARE SINGLE PARENTS ALLOWED TO TAKE SPECIAL LEAVE TO TAKE CARE OF THEIR CHILDREN?

Except for the above-mentioned 2-day leave, Indonesian Laws and regulations have not regulated special leave for fathers to take care of their children yet. Male workers who need longer leave for taking care of their children may take their annual leave, and must notify the companies previously. If the workers take their annual leave, they are entitled to full wages. 

Regulations on this special leave is regulated in 2 (two) ILO conventions, both of which have not been ratified, namely:

1. ILO convention No. 156 of 1981 on Workers with Family Responsibilities

This convention is aimed to create the equality of opportunities and effective treatment for male and female workers, with family responsibilities, in order to exercise their rights to fulfill those responsibilities without any discrimination and, protected as far as possible, without any conflicts between their work and responsibilities. 

2. ILO Recommendation No. 191 of 2000 as Additional Provisions of ILO Convention 183 on Maternity Rights

States that if a mother passes away before the period of her leave following childbirth ends or is hospitalized after giving birth and before her maternity leave ends, and therefore she cannot take care of her baby, then the father (worker) of the baby is entitled to have leaves with total days equal to the total days of the mother’s leave after the childbirth in order to take care of his child.

 

PARENTAL LEAVE IN GARMENT SECTOR

DO GARMENT WORKERS GET PAID LEAVE TO TAKE CARE OF THEIR CHILDREN’S PURPOSES?

Yes. article 93 paragraph (4) Law No. 13 of 2003 states that workers may take paid leave for important purposes, one of which is for child purposes such as:

  1. Have their children married, entitled to paid leave for 2 (two) days
  2. Have their children circumcised, entitled to paid leave for 2 (two) days
  3. Baptizing their children, entitled to paid leave for 2 (two) days
  4. When their wives give birth/ experience miscarriage, entitled to paid leave for 2 (two) days
  5. When their wives/husbands, parents/parents-in-law, children or children-in-law pass away, entitled to paid leave for 2 (two) days

Are they any regulations regulating leave entitlement for workers adopting newborn babies?

At the international level, International Labor Organization (ILO) encourages its member countries to regulate adoption leave through ILO Recommendation No. 191 of 2000 as the Additional Provision to ILO Convention 183 on Maternity Rights  

point 10 of the Recommendation on types of relevant leave states that:

“In the event that a worker adopts a child, adoptive parents must have the same access to protection system provided under this Convention, specifically  in connection with leave, allowance and work protection.”

Unfortunately, neither the Recommendation nor the Convention has been ratified by our Government yet. 

 

Are garment workers entitled to leave for taking care of children who are sick?

Workers are entitled to leave and remain paid fully for the child's purposes such as when their children undergo circumcision, are baptized, marry, or pass away. However, Employment Law does not regulate leave due to children’s illness. If a worker’s child is sick, the worker may use his/her annual leave for the said purpose. 

However, we found that there are Collective Bargaining Agreements at a number of companies regulating leave due to children’s illness. Workers may reevaluate the contents of the employment agreements, company regulations, or collective bargaining agreements, so workers may know whether they regulate the leave due to children’s illness. 

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