ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Indonesia - Maternity protection - 2011


LAST UPDATE

4 August 2011

SOURCES


Name of Act

Act concerning Employees’ Social Security, No. 3 of 1992 ; dated 17 February 1992, ILO. 1992. Labour law documents, 1992/2. Geneva.

Name of Act

Government regulation No. 14 on the implementation of the program of workers’ social security, dated 27 February 1993, Business News, 1993-03-12, No. 5382, pp. 1A-9A, as amended up to Government Regulation No. 76 of 2007, Business News, 2008-02-15, No. 7626/Year-LI, pp. 25A-29A.

Name of Act

Law on Manpower Affairs, Act No. 13 of 2003, dated 25 March 2003 (State Gazette of 2003) Unofficial translation prepared by ILO Jakarta.

MATERNITY LEAVE

Female workers/labourers are entitled to maternity leave under the Law on Manpower Affairs 2003.

Scope

The maternity leave entitlements under the Law on Manpower Affairs apply to all female workers/labourers, being any female who works for a wage or other form of remuneration.
Law on Manpower Affairs 2003 §§1(3), 82
click on this symbol to show or hide remarks

Qualifying conditions

No qualifying conditions identified.
Law on Manpower Affairs 2003

Duration

The duration of maternity leave is a period of 3 months, with the possibility of extension if required for medical reasons.
Law on Manpower Affairs 2003 §82

Compulsory leave

No compulsory leave identified.

General total duration

Female workers/ labourers are entitled to a 1.5 (one-and-a-half) month period of rest before the time at which they are estimated by an obstetrician or a midwife to give birth to a baby and another 1.5 (one-and-a-half) month period of rest thereafter.
Law on Manpower Affairs 2003 §82
Historical data (year indicates year of data collection)
  • 2009: 3 months (1,5 months before and after birth)
  • 2004: Three months
  • 1998: Three months
  • 1994: Three months

Extension

The length of the maternity leave period may be extended if required as attested by a written statement from the obstetrician or midwife either prior to or after the delivery.
Law on Manpower Affairs 2003 Explanatory notes to §82

Leave in case of illness or complications

There is no general entitlement to leave in the case of any pregnancy-related illness or complication. However, a female worker/labourer who has a miscarriage is entitled to a period of leave of one-and-a-half months, or a period of leave as stated in the medical statement issued by the obstetrician or midwife.
Law on Manpower Affairs 2003 §82

RELATED TYPES OF LEAVE

There is an entitlement to paternity leave under the Law on Manpower Affairs 2003.

Parental leave

No relevant provisions identified.

Paternity leave

Workers/labourers are allowed to absent themselves from work in the event that their wife gives birth or suffers a miscarriage.
Law on Manpower Affairs 2003 §93

Scope

The entitlement applies to all workers/labourers whose wife gives birth or suffers a miscarriage.
Law on Manpower Affairs 2003 §1(3), 93(2)
click on this symbol to show or hide remarks

Qualifying conditions

No qualifying conditions identified.

Length

The length of absence is not specified, but the entitlement to payment is limited to 2 days.
Law on Manpower Affairs 2003 §93(2)(c) and (4)(e)

Adoption leave

No relevant provisions identified.

RIGHT TO PART-TIME WORK

No relevant provisions identified.

General provisions

No relevant provisions identified.

CASH BENEFITS

There are cash benefits attached to periods of maternity and paternity leave.

Maternity leave benefits

Every worker/ labourer who uses her right to take maternity leave shall receive her wages in full.
Law on Manpower Affairs 2003 §84

Scope

The right to payment during maternity leave applies to all female workers/labourers, being any female who works for a wage or other form of remuneration, who uses her right to take maternity leave.
Law on Manpower Affairs 2003 §§82, 84

Qualifying conditions

No qualifying conditions identified.

Duration

The cash benefit is for the duration of maternity leave taken by the worker/labourer in accordance with §82. The principle entitlement period is for a period of up to 3 months.
Law on Manpower Affairs 2003 §§82 and 84
click on this symbol to show or hide remarks

Amount

The worker/labourer is entitled to her wages in full.
Law on Manpower Affairs 2003 §84
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The benefit is to be paid by the employer.
Law on Manpower Affairs 2003 §84
Historical data (year indicates year of data collection)
  • 2009: The employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

No relevant provisions identified.

Parental leave benefits

No relevant provisions identified.

Paternity leave benefits

If a worker/ labourer is absent from work because his wife gives birth to a baby or his wife suffers a miscarriage, he shall be entitled to receive a payment for 2 (two) days’ work during the absence.
Law on Manpower Affairs 2003 §93(4)(e)

Scope

The entitlement to paid parternity leave applies to workers/labourers who are employed by an entrepreneur.

A worker (pekerja) / labourer (buruh) is every person who works for a wage or other forms of remuneration.

An entrepreneur (pengusaha) is:
a. An individual [proprietor], a partnership or a legal body that runs an enterprise that he or she or it owns;
b. An individual, a partnership or a legal body that independently runs an enterprise that does not belong to him, her or it.
c. An individual, a partnership or a legal body that is situated in Indonesia but represents an enterprise as referred to under point a and point b that has its seat/ base outside the territory of Indonesia.
Law on Manpower Affairs 2003 §§1(3), 1(5), 93(2)

Qualifying conditions

The worker/labourer shall be entitled to paid paternity leave if his wife gives birth or suffers a miscarriage.
Law on Manpower Affairs 2003 §§93(2)(c), 93(4)(e)

Duration

The entitlement to payment on account of paternity leave is for a period of 2 days.
Law on Manpower Affairs 2003 §§93(2)(c), 93(4)(e)

Amount

The worker shall be entitled to receive a payment for 2 (two) days’ work during the absence.
Law on Manpower Affairs 2003 §93(4)(e)

Financing of benefits

The benefit is to be paid by the employer
Law on Manpower Affairs 2003 §93

Adoption leave benefits

No relevant provisions identified.

MEDICAL BENEFITS

Workers are entitled to medical benefits under national social security laws.

Pre-natal, childbirth and post-natal care

Employees, their spouses and up to three children shall have the right to receive health-care benefits, including maternity check-ups and childbirth assistance. A worker needing the service of pregnancy examination and or help at work shall obtain this service from an appointed maternity hospital.
Act concerning Employees’ Social Security §16
Government regulation No. 14 on the implementation of the program of workers’ social security §33, 42

Financing of benefits

The employees’ social security programme. Contributions for the branch of Health Maintenance Security shall be fully borne by the employer. Only employers employing 10 workers or more, or spending at least Rp. 1,000,000 a month on wages, are obliged to insure the workers in the employees’ social security programme.
Act concerning Employees’ Social Security §6
Government regulation No. 14 on the implementation of the program of workers’ social security §2, 9(2)

BREASTFEEDING

Female workers/labourers are to be provided with an opportunity to breastfeed and entreprenuers are obliged to provide welfare services, which may include a nursery.

Right to nursing breaks or daily reduction of hours of work

Entrepreneurs are under an obligation to provide proper opportunities to female workers/ labourers whose babies still need breastfeeding to breast-feed their babies if that must be performed during working hours.
Law on Manpower Affairs 2003 §83

Remuneration of nursing breaks

No requirement that nursing breaks be paid identified.

Transfer to another post

No entitlement to be transferred to an alternative post identified.

Nursing facilities

Employers are obliged to provide welfare services. These are intended to include, for instance, babysitting facilities [nursery].
Law on Manpower Affairs 2003 §100 (see also explanatory notes)
click on this symbol to show or hide remarks

HEALTH PROTECTION

The health of pregnant or breastfeeding workers is primarily regulated by a general duty on employers to ensure the health and safety of all workers.

Arrangement of working time

The only provisions specifically relevant to pregnant or breastfeeding workers restricts the employment of pregnant workers at night.
Law on Manpower Affairs 2003 §76

Night work

Employers are prohibited from employing pregnant workers who, according to a doctor’s certificate, are at risk of damaging their health or harming their own safety and the safety of the unborn baby if they work between 11 p.m. and 7 a.m.
Law on Manpower Affairs 2003 §76(1)-(2)

Overtime

There is no express restriction on engaging pregnant or breastfeeding women to perform overtime work.

Work on rest days

There is no express restriction on engaging pregnant or breastfeeding women to perform work on rest days.

Time off for medical examinations

No entitlement to time off for medical examinations identified.

Leave in case of sickness of the child

No statutory entitlement to take leave in case of sickness of the child identified. However, workers have a right to take 2 days’ paid leave in the event that their child is being circumsized or dies.
Law on Manpower Affairs 2003 §93

Other work arrangements

No relevant provisions identified.

Dangerous or unhealthy work

No provisions specific to the risks faced by pregnant or breastfeeding workers identified. However, there is a general obligation on all employers to ensure the health and safety of all workers.
Law on Manpower Affairs 2003 §§86, 87

General

Every worker has the right to receive protection as to occupational safety and health. In order to protect the safety of workers, to prevent occupational accidents and control hazards at the workplace and to realise optimal productivity, an occupational health and safety scheme shall be administrated. Further, an occupational health and safety management system is to be integrated into the management system of every enterprise.

No provisions specific to pregnant or breastfeeding women identified.
Law on Manpower Affairs 2003 §§86, 87

Risk assessment

See general obligation to ensure workers’ health and safety, as set out above. No further relevant provisions identified.
Law on Manpower Affairs 2003 §§86, 87

Particular risks

See general obligation to ensure workers’ health and safety, as set out above. No further relevant provisions identified.
Law on Manpower Affairs 2003 §§86, 87

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Entrepreneurs are prohibited from discriminating against pregnant or breastfeeding workers and from dismissing a worker while she is absent due to pregnancy, childbirth, miscarriage or breastfeeding.

Anti-discrimination measures

Any person who is able to work shall have the same opportunity to get a job without discrimination. Every person who is available for a job shall have the same right and opportunity to find a decent job and to earn a decent living without being discriminated against on grounds of (inter alia) sex, in accordance with the person’s interest and capability. Every worker has the right to receive equal treatment without discrimination from their employer: entrepreneurs are obliged to give the worker equal rights and responsibilities without discrimination based on (inter alia) sex.
Law on Manpower Affairs 2003 §§1, 5, 6

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

The employer is prohibited from terminating the employment of a worker when she is absent from work because she is pregnant, giving birth, having a miscarriage, or breastfeeding her baby, or because of the worker’s sex or marital status (among other things). Any termination of employment that takes place for these reasons shall be declared null and void by law, and the entrepreneur shall then be obliged to reemploy the affected worker/labourer.
Law on Manpower Affairs 2003 §§1(5), 153

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

No relevant provisions identified.

Results generated on: 03rd September 2014 at 04:13:53.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.