Garment: Maternal Rights

Maternity leave and miscarriage leave for garment workers 

1. What does Maternity leave mean?
2. How long is Maternity leave?
3. Does a female worker also get leave when she experiences miscarriage?
4. Are garment workers entitled to both leaves?
5. Does maternity leave also apply to contracted workers in garment sector?
6. Are workers permitted to take maternity leave even if they have not been working for a year?
7. Can maternity leave be extended?

WAGES AND MEDICAL TREATMENT DURING MATERNITY LEAVE

1. Do female workers still get their wages during maternity leave?
2. Are the wages paid during maternity leave equal to as the usual wages?
3. Does employers bear the cost of childbirth for their female workers?
4. Are childbirth costs of an employee borne by the company?
5. Is the birthchild cost of an employee’s wife borne by the Company?
6. What are the antenatal care and delivery services covered by BPJS Kesehatan? 

MENSTRUAL LEAVE IN GARMENT SECTOR

1. Are female workers allowed to have menstrual leave?
2. Do workers still get paid during menstrual leave?
3. Must menstrual leave be accompanied by doctor’s statement letter?

BREASTFEEDING RIGHT FOR FEMALE WORKERS IN GARMENT SECTOR

1. Can a mother who is back to work still breastfeed her child?
2. Does the Government give protection to working mothers who have to breastfeed their children?
3. Does a Company have to provide special chamber for mothers to breastfeed or to pump breastmilk at work?
4. How long is the duration for a mother to breastfeed her child or pump her breastmilk during working hours? 
5. How long is breastfeeding period for a working mother (until what age)?

PROTECTION FOR PREGNANT OR BREASTFEEDING GARMENT WORKERS 

1. Are pregnant workers allowed to do dangerous work?
2. Is an employer allowed to fire their employees for a reason of pregnancy?
3. Can workers return to their positions after taking maternity leave?
4.  What can workers do if an employer violates maternal rights?

 

MATERNITY AND MISCARRIAGE LEAVES FOR GARMENT WORKERS

WHAT DOES MATERNITY LEAVE MEAN?

Maternity leave is a period wherein pregnant female workers take days off, consisting of days off before childbirth and days off after childbirth.

 

HOW LONG IS MATERNITY LEAVE?

Based on Article 82 paragraph (1) of Law Number 13 of 2003 on Employment (UU 13/2003), female workers are entitled to rest for 1.5 (one and a half) month before she gives birth and 1.5 (one and a half) month after giving birth subject to obstetrician’s calculations. This regulation only specifies a minimum duration that mandatory for pregnant female workers. In other words, the company may give days for leave more than regulated therein.

 

DOES A FEMALE WORKER ALSO GET LEAVE WHEN SHE EXPERIENCES MISCARRIAGE?

Yes. Article 82 paragraph (2) of Law Number 13 of 2003 specifies that female employees who experience miscarriage is permitted to rest for 1,5 months or in accordance with the obstetrician’s recommendation. It is highlighted that this regulation only specifies minimum duration that must be given to female workers experiencing miscarriage, so that they may be given leaves that are more than 1.5 month.

 

Are garment workers entitled to both leaves?

Yes, those leaves apply to all workers working to employers by receiving compensation in the form of wages or other forms, including workers of companies engaging in Garment Sector.

 

DOES MATERNITY LEAVE ALSO APPLY TO CONTRACTED WORKERS IN GARMENT SECTOR?

The rights to have maternity leave and miscarriage are mandatory for female workers without taking her employment status into consideration, both workers bound to Fixed Term Work Agreement/contracted workers and the ones bound to Indefinite Term Work Agreement/ Permanent Workers.

 

Are workers permitted to take maternity leave even if they have not been working for a year?

Employment Law doesn’t require any specific working period for female workers entitled to have maternity leave. The requirement is that the workers must be pregnant to take maternity leave. 

 

CAN MATERNITY LEAVE BE EXTENDED?

Maternity leave can be extended if there are any complication or other medical reasons. Statement issued by an obstetrician or midwife certifying the medical condition must be enclosed before or after childbirth. 

 

WAGES AND MEDICAL TREATMENT DURING MATERNITY LEAVE

Do female workers still get their wages during maternity leave? 

Yes, maternity leave is one of paid leaves. Employers is still obliged to pay the wages during its workers taking maternity leave.

 

ARE THE WAGES PAID DURING MATERNITY LEAVE EQUAL TO AS THE USUAL WAGE?

Wages obtained during maternity leave from basic wages plus fixed allowances. Non-fixed allowance /salary component whose calculation is based on the attendance in the office such as meal and transportation allowances, and operational allowances are not included in wages that are given to workers taking maternity leave.

 

Are childbirth costs of an employee borne by the company?

Yes. This responsibility is fulfilled by an employer by registering its workers as members of Badan Pelaksana Jaminan Sosial (BPJS) kesehatan and paying its premiums. This matter is further regulated in Presidential Regulation Number 82 of 2018 on Health Security. In this regulation, it is regulated that membership of Health Security is mandatory and covers all Indonesian Citizens including workers.

Premiums are paid directly by Employers to BPJS Kesehatan amounting to 5% (five percent) of monthly wages, on a condition: 4% (four percent) is paid by the employer and 1% (one percent) is paid by the relevant employee.

 

IS THE BIRTHCHILD COST OF AN EMPLOYEE’S WIFE BORNE BY THE COMPANY?

Yes. This responsibility is also fulfilled by BPJS Kesehatan program which requires membership of employees along with their family members. The coverage of BPJS Kesehatan includes pregnancy and childbirth examination given to female workers or the wives of workers. A worker who is a member of BPJS Kesehatan is entitled to get his wife assistance with childbirth costs and pregnancy check-ups.

 

What are the antenatal care and delivery services covered by BPJS Kesehatan?

Latest Information of BPJS Kesehatan as of Februari 2020 explains that examination costs that are covered by BPJS Kesehatan are as follows:

1. Examination costs or antenatal care (ANC)

a. In the form of package with a maximum visit of 4 times: IDR 200,000.

b. ANC Examination that not only undergone at one place: IDR 50.000 per visit.

2. Normal delivery or vaginal delivery

a. Normal delivery performed by midwife: IDR 700,000.

b. Normal delivery performed by Medical Doctor: IDR 800,000.

c. Normal Delivery with basic emergency measures at the PONED health center (Basic Emergency Obstetrics and Neonatal Services) is covered up to IDR 950,000.

3. Deliveries referred to more advanced health facilities. In this case, the delivery fee charged is adjusted to the hospital class, member’s care class, regional hospital, medical severity and hospital ownership. Members do not need to incur additional costs by the health facility concerned if they receive services in accordance with their right to care and follow the applicable procedures. If members are still charged an additional fee, they can report it to BPJS Health.

4. Examination after childbirth or postnatal care (PNC) 

a. One time of the third neonatus visit (for newborn babies aged 0-28 days) (KN3) and one time of one time the third postpartum mother visit (KF3): IDR 25,000 per visit.

b. Post-delivery service at Health Center: IDR 175.000.

c. Pre-referral services for obstetric and/or neonatal complications: IDR 125,000.

 

MENSTRUAL LEAVE IN GARMENT SECTOR

ARE FEMALE WORKERS ALLOWED TO HAVE MENSTRUAL LEAVE?

Yes. Menstrual leave is the mandatory right that belongs to female workers. Only a few of female workers are aware of this fact. According to article 81 of Law No. 13 of 2003, female workers who are in the period and feel sick are not obliged to come at work, provided that they inform it to the company management.

 

DO WORKERS STILL GET PAID DURING MENSTRUAL LEAVE?

Yes. Employers are obliged to pay the wages of female workers who are unable to come at work because of feeling sick on her first and second day of menstruation. This also applies to female workers in garment sector.

Must menstrual leave be accompanied by doctor’s statement letter?

Article 81 paragraph (2) does not regulate in detail whether menstrual leave must be accompanied by medical doctor’s statement letter or not. Therefore, it is advised that menstrual leave is specified in the employment agreement, company regulations, or Collective Bargaining Agreement. It shall be noted that if a Company requires a medical examination proof such as medical doctor’s letter, etc., that thing shall not become a burden or obstacle for female workers that wish to take menstrual leave. Given that menstrual leave is a right of a female worker and the company is obliged to give that right, Moreover, any company that does not give menstrual leave may be subject to imprisonment under Law No. 13 of 2003 article 186 paragraph (1) and (2) in conjunction with Law No. 11 tahun 2020.

 

BREASTFEEDING RIGHT FOR FEMALE WORKERS IN GARMENT SECTOR

Can a mother who is back to work still breastfeed her child?

Yes. Female workers that get back to work have the right to breastfeed (if the female workers bring her babies to their work) and/or pump breastmilk at work.

Article 83 of Employment Law specifies that “Female Laborers/workers whose children still drink breastmilk are given the opportunity to breastfeed their children appropriately, if they have to breastfeed their children during working hours.”

 

Does the Government give protection to working mothers who have to breastfeed their children?

Yes. Our government supports mothers who have to breastfeed their children at work. The government’s supports are implied from regulations that give time/ appropriate flexibility and facilities for mothers to breastfeed their babies. Not only does the regulation specify to give the opportunity to breastfeed, the regulation also specify to give facility in the form of special chamber at work place.

Specifically for Nursing mothers that have to get back to work, the Government guarantees the mothers’ right to keep giving breastmilk to their children. Although maternity leave in Indonesia is only 3 months, the Government declares that working mothers may keep giving breastmilk to their children by pumping and breastfeeding during working hours.

 

DOES A COMPANY PROVIDE SPECIAL CHAMBER FOR MOTHERS TO BREASTFEED OR TO PUMP BREASTMILK AT WORK?

Yes. The obligation to provide special facility such as special chambers for breastfeeding and/or pumping breastmilk at work, is regulated in Health Law, Government Regulation number 33 of 2012 on Exclusive Breastfeeding, and the Regulation of Minister of Health of the Republic of Indonesia Number 15 of 2013 on Procedures of Providing special Facilities for Breastfeeding and/or pumping breastmilk.

 

HOW LONG IS THE DURATION FOR A MOTHER TO BREASTFEED HER CHILD OR PUMP HER BREASTMILK DURING WORKING HOURS? 

There are no clear regulations regarding the duration for female workers to breastfeed or pump breastmilk during working hours. 

Article 83 of Law no. 13 of 2003 concerning Manpower explains that what is meant by appropriate opportunities to breastfeed their children during working hours is the length of time given to female workers/laborers to breastfeed their babies by taking the availability of space into consideration in accordance with the conditions and capabilities of the company, which are regulated in company regulations or Collective Bargaining Agreement.

Based on Collective Bargaining Agreement database that gathered by Gajimu, the average of companies gives 30 minutes to 1 hour a day for working mothers to breastfeed / pump breastmilk.

 

How long is breastfeeding period for a working mother (and until when)?

Babies’ rights to have exclusive breastmilk for 6 months are guaranteed by the government. Therefore, employers are obliged to give the opportunity to working mothers to breastfeed and/or pump breastmilk at least until their babies reach 6 months old.

Furthermore, employers may regulate the duration of breastfeeding separately in employment agreement, company regulations, or collective bargaining agreement, as long as it does not violate the applicable regulation and the rights of workers.

 

PROTECTION FOR PREGNANT OR BREASTFEEDING GARMENT WORKERS 

ARE PREGNANT WORKERS ALLOWED TO DO DANGEROUS WORK?

Employment Law only regulates that employers are prohibited from employing female workers/laborers on night shifts (from 11.00 p.m.-07.00 a.m.) if according to medical doctor’s statement letter is dangerous for their health and babies.

There is no detail regulation pertaining to prohibition to do certain works that might be dangerous for her pregnancy. 

In particular, this prohibition is regulated in ILO Convention 183 on Maternity Protection stating that protection for pregnant female laborers and their babies from unsafety (dangerous) and unhealth work place. Unfortunately, to this date Indonesia has not ratified ILO Convention 183.

 

IS AN EMPLOYER ALLOWED TO FIRE THEIR EMPLOYEES FOR A REASON OF PREGNANCY?

Prohibition to terminate an employment for reasons of pregnancy, giving birth, miscarriage, or breastfeeding is regulated in article 153 paragraph (1) point e of Law no. 13 of 2003. If a company terminate employment because the female worker is pregnant, then it shall be null and void and the Company is obliged to re-hire the worker. 

 

Can workers return to their positions after taking maternity leave?

There are no labor regulations regulating the return to the same position for female workers who have completed their entitlement to maternity leave. However, it is stated that female workers cannot be fired because they are on maternity leave, which means that after giving birth the female worker may return to her previous job.

Clear rules pertaining to this matter can be found in articles 8 and 9 of ILO Convention 183 which regulates Work Protection and Prohibition of Discrimination. It emphasizes the right of women to re-occupy their positions and receive wages equal to the wages before maternity leave. And it is specified therein that giving birth must not be a reason of discrimination in employment, including access to employment.

 

WHAT CAN WORKERS DO IF AN EMPLOYER VIOLATES MATERNAL RIGHTS?

If a garment company commits violation against maternal right of a female worker, then you may take the following measures:

1. The Worker may negotiate this matter with the employer.
2. If the negotiation fails, the worker may move forward to mediation process by involving mediators from local employment agency.
3. Or laborers/laborer union may directly report the violation to Employment Supervision Division of the Provincial/ Municipal/ District Authority.