14 September 2021
Generally, Indonesian employment law is governed by Law No. 13/2003, dated 25 March 2003, regarding labor (the Labor Law), as amended by Law No. 11/2020, dated 2 November 2020, regarding Job Creation (the Job Creation Law). The government has issued government regulations to implement both the Labor Law and the Job Creation Law, namely:
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Government Regulation No. 35 of 2021, dated 2 February 2021, regarding Fixed-Term Employment Contracts, Outsourcing, Work and Rest Time, and Termination of the Work Relationship; and
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Government Regulation No. 36 of 2021, dated 2 February 2021, regarding Salary.
The two other main statutes are:
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Law No. 2/2004, dated 14 January 2004, regarding industrial relations dispute settlement; and
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Law No. 21/2000, dated 4 August 2000, regarding labor unions.
In addition to the above laws, employers and employees are also subject to company regulations (or work rules) or a collective labor agreement (CLA), if applicable, as well as the express provisions of the employment agreement between the employer and the employee.
Protected employee categories
The Labor Law as amended, as well as the implementing regulations, do not regulate protection from harassment for employees. However, the company regulation or collective labor agreement will normally contain provisions regarding harassment and applicable sanctions.
Indonesian case law also protects workers from harassment. However, the Indonesian court system is based on a civil law system and does not follow stare decisis (a legal principle under which judges must respect the precedents established by prior decisions).
In practice, employees wishing to take action against harassment experienced in the workplace can file a claim by civil tort law. The labor laws and regulations are silent on this matter.
Enforcement agencies
The primary government agency for manpower matters in Indonesia is the Ministry of Manpower. The Ministry is supported by regional manpower service offices spread throughout Indonesia to assist on administrative matters, including in disputes where an official from the service office can act as a mediator. Any decisions on dispute settlement between employers and employees will ultimately be made at the Labor Court.
Fahrul S. Yusuf, Partner, Soewito Suhardiman Eddymurthy Kardono
fahrulyusuf@ssek.com
