Jakarta, IO – The Indonesian Manpower Minister has signed Ministerial Decree 88/2023, with guidelines for the prevention and handling of sexual harassment in the workplace, on May 29, 2023. The Decree is meant to act as a compass, with technical pointers on preventing and handling work sexual abuse, to maintain orderly and productive relations in the workplace.
The Ministerial Decree is a follow-up to Sexual Violence Law 12/2022 and an update of Manpower and Transmigration Ministerial Circular SE.03/MEN/IV/2011 on guidelines for the prevention of sexual harassment in the workplace. Synchronizing and strengthening technical guidelines on the prevention and handling of sexual violence has become pivotal, both in society and the workplace.
This Manpower Ministerial Decree also reveals an effort to respond to a report made by a female employee in West Java who was required to have a “staycation” at a hotel with her manager, to get an employment contract extension. The disturbing news went viral as it depicts a violation of human rights for women workers.
Indeed, contract-based workers have a very weak bargaining position in industrial relations because they are often faced with the employers’ or leaders’ subjective evaluation, which determines whether or not a work contract is extended.
There have been many violations of contract workers’ normative rights, because of their low bargaining power, such as minimum wages, social security, occupational safety and health (OSH), religious holiday allowances (THR) and compensation payments when the work contract expires.
When workers protest about any normative rights violations, it often results in work termination. They fail to get a contract extension. This has become their biggest fear – being jobless because of termination of employment.
In my opinion, the unscrupulous move of a higher-up demanding female employees to agree on a staycation as a condition for extending the work contract is not uncommon. One worker did report her superior, a man who made such a demand, and the case is still being processed by the Police. An incident like this must have happened in several companies, but unfortunately, only a few female employees dare to “speak up” to the public. They are concerned that their reports will humiliate them in their family circle and society. They are agitated, thinking there is no protection or way for them to seek justice.
Obviously, this hideous “staycation’ practice must cease, as it violates workers’ normative rights. The Police and labor inspectors must respond to and follow up on this issue. The Police must disclose any higher-ups who abuse their power by committing sexual harassment and violence against women workers.
The Police must thoroughly attend to this matter. It must not stop processing a case with the excuse of “mutual consent”. The fact is that female workers are under intense pressure because they fear employment termination. I hope female employees have the courage to expose this problem, and the Police can immediately prosecute the corrupt superiors who commit this crime.