Government intervention is needed for the compliance of maternity rights
Many women workers unwillingly hide their pregnancies out of fear losing their jobs. The ILO discussion highlights the urgency of incorporating maternity rights into Indonesia’s social security system.
Although protected by the national labour law, many women workers have not yet enjoyed their maternity rights. A 2018 research, “Sexual Harassment and Neglection of Maternity Rights among Garment Workers” conducted by Perempuan Mahardika found that 4 out of 25 female workers hid their pregnancies out of fear losing their jobs and incomes.
“They hid it in early stage of pregnancy as this will affect their contract,” told Vivi Widyawati, Perempuan Mahardika’s Researcher and Gender Trainer, during the discussion organized by the ILO in collaboration with Magdalene, a leading online women media. Under the title “Maternity Leave and Benefit: Are Women Protected”, the online discussion was held in conjunction with the National Mother’s Day in December.
Being pregnant or not, the treatment is the same. Their work targets remain high with limited break and overtime. As a result, seven out of 93 workers are found to have miscarriages and three of them are not even granted with miscarriage leave."
Vivi Widyawati, Perempuan Mahardika’s Researcher and Gender Trainer
According to Vivi, in addition to job termination, other found cases included a short period of contract renewal that is only given close to delivery date and the loss of menstrual benefit that is commonly converted in cash. Hidden pregnancies could also harm the conditions of women workers as they must endure pains, heartburns and urges to urinate.
“Being pregnant or not, the treatment is the same. Their work targets remain high with limited break and overtime. As a result, seven out of 93 workers are found to have miscarriages and three of them are not even granted with miscarriage leave,” exclaimed Vivi.
After the pregnancy, other challenge that should be faced by women workers is the access to lactation room. The research found that although some companies provide a lactation room, women workers are still reluctant to make the best use of it due to the high job demands—adding to the long list of neglected rights of women workers.
Despite the conditions shown by the research, some companies have shown their commitment to fulfill the rights of women workers, including their maternity rights. Maya Juwita, Executive Director of the Indonesia Business Coalition for Women Empowerment (IBCWE), stated that with support from buyers and brand owners, member companies oblige to uphold the rights of women workers.
“These practices are driven by buyers or brand owners who demand the welfare of female workers, including reproductive health and welfare, in the factories where they produce their products,” said Maya, adding that pregnant workers would be relocated to friendly-work location with supporting facilities needed.
Integrating maternity protection into social security system
Lusiani Julia, the ILO’s gender focal point, said that companies still see pregnant workers as a “cost” that they must bear. “If it is seen as a cost, companies tend to avoid it, especially for companies with most women workers, as it would cause a huge cost for companies to uphold the maternity rights. As a result, they choose not to renew the contract,” she added.
The pregnancy class for pregnant workers at a garment company in Semarang, Central Java
In Indonesia, this can be integrated to BPJS Employment and Health and this can eliminate discrimination against pregnant workers that still often occur."
Lusiani Julia, the ILO’s gender focal point
Therefore, she suggested to incorporate the maternity protection into the existing social security system. This way, the contribution can be shared between employers and workers, and possibly the government, so that pregnant women workers would be able to claim the benefit without relying on employers’ compliance.
“By the incorporating this into the social security system, it can create universal coverage where anyone can enjoy the benefits, including informal workers who are actually predominant in number. In Indonesia, this can be integrated to BPJS Employment and Health and this can eliminate discrimination against pregnant workers that still often occur,” she said.
Lusiani provided an example of Jordan which has incorporated maternity protection into its social insurance system to improve social justice, gender equality and expansion of coverage. This integrated scheme is also designed to increase employment opportunities for women while reducing bias of hiring women.
She also quoted the ILO Convention No. 183 on Maternity Protection which provides details of maternity protection. The protection includes health protection, maternity leave, sick or complication leave, cash and health benefits, work protection and non-discrimination, breastfeeding facility as well as periodic reviews in case women need a leave extension.
The government holds the key. They must improve control towards employers’ compliance and spend more time to see maternity protection as a problem."
Vivi Widyawati, Perempuan Mahardika’s Researcher and Gender Trainer
Meanwhile, reflected on the study findings by Perempuan Mahardhika, Vivi admitted that practices in the country do not yet comply with the Convention as many workers still work in an environment that endangers the health of both mother and the baby. Thus, she urged the involvement of government to improve the social security system and to provide better protection to women workers.
“We continue promoting the importance of ratifying the ILO Convention No. 183. Thus, government holds the key. They must improve control towards employers’ compliance and spend more time to see maternity protection as a problem,” concluded Vivi.
