Indonesia: Equal opportunities

Updating author: Syahdan Z. Aziz, SSEK Legal Consultants
Original authors: Lia Alizia and Candace Anastassia Limbong, Makarim & Taira S.

See the legal services provided by the author of International > Indonesia, including any discounts/offers for subscribers.

Summary

• There is a general statutory principle of equal treatment in relation to employment, without discrimination on grounds such as sex, ethnicity or race. (See General)
• There are no specific statutory exemptions from the general principle of equal treatment, although various special protections and entitlements apply to female employees. (See Exemptions)
• There is specific statutory guidance on the prevention and handling of sexual harassment and sexual violence in the workplace. (See Harassment, sexual harassment and sexual violence)
• There is no specific statutory protection from dismissal or detriment for employees who bring legal action against their employer for unlawful discrimination, or make a complaint of discrimination, or for employees who witness or report discrimination. (See Victimisation)
• Employers are not generally required or permitted to take any positive action in favour of people from under-represented or disadvantaged groups, except in the case of people with disabilities. (See Positive action)
• An employee or job applicant who believes that an employer has breached the statutory equal treatment and non-discrimination provisions has several potential avenues of redress (although in practice such claims are rare), while the public authorities may impose various administrative sanctions on employers that breach the relevant legislation. (See Remedies and penalties)