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Indonesia: Equal opportunities

Original and updating authors: Richard Cornwallis, Lia Alizia and Candace Anastassia Limbong, Makarim & Taira S.
Updating author: Hendrik Alfian Pasaribu, Makarim & Taira S.

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 no specific statutory regulation of sexual harassment or harassment on other grounds at work, although committing such harassment may constitute valid grounds for dismissing an employee. (See Harassment and sexual harassment)
  • 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)