“The Company is required to form the Task Unit for the preventing and handling of Sexual Violence in the Workplace. For Companies that have Bipartite Cooperation (“Bipartite CI”), the Task Unit is a part of Bipartite CI. Further, for the Company that do not yet have a Bipartite CI, a Task Unit can be determined through a decision of the Company’s leadership.”
Law No. 13 of 2033 concerning Manpower (“Law No. 13/2003”) stipulates that every worker has the right to obtain protection for occupational safety and health, morals and decency, and treatment in accordance with human dignity and values and religious values. In addition to this regulation, the Minister conduct another regulation through Decree of the Minister of Manpower No. 88 of 2023 concerning Guidelines for the Prevention and Handling of Sexual Violence in the Workplace (“Decree of MoM No. 88/2023”).
According to the Appendix of Decree of MoM No. 88/2023, handling of complaint for Sexual Violence in the workplace can be submitted to the Task Unit and/or government agencies, which carried out according to authority and handled by:
- Task Unit formed in the Company;
- The work unit in charge of industrial relations or Labor inspection in the agency that administers government affairs in the field of manpower; and/or
- The work unit in charge of industrial relations or Labor inspection in the ministry that administers government affairs in the field of Manpower.
A. Obligation to Conduct Task Unit for Sexual Violence in the Workplace
Companies are required to establish a Task Unit for the Prevention and Handling of Sexual Violence in the Workplace (“Task Unit”). In a condition that the company already have a Bipartite Cooperation Institution (“Bipartite CI”), the Task Unit is part of the Bipartite CI. In a condition that companies do not yet have a Bipartite CI, the Task Unit can be determined through a decision of the Company’s leadership.
The Task Unit for the Preventing and Handling of Sexual Violence in the Workplace, works within the scope of the Workplace based on the Prevention and Handling of Sexual Violence regulation in the terms of employment at the Company (Work Agreement, Company or Collective Labor Agreement).
The membership of the Task Unit consists of:
- Members of the Task Unit come from representative of employers and representative of workers/laborers or trade/labor unions in the Company.
- The number of members of the Task Unit is odd, at least 3 (three) people.
- The composition consists of:
- Chairman concurrently member;
- Secretary concurrently member; and
- Member.
B. Scope of Applicability
The function of the Task Unit is to act as a center for the prevention and handling of Sexual Violence in the Company. The Task Unit is also required to:
- Uphold the norms and code of ethics set by the Company;
- Ensure the confidentiality of the identities of parties directly related to any person that complaints and handling of cases of Sexual Violence in the Workplace; and
- Maintain the independence and credibility of the Task Unit.
However, the scope of applicability for the Task Unit consists of:
- Develop and implement program and activities that refer to the Company policies regarding efforts to prevent sexual violence;
- Receive complaints and record complaints;
- Collect information related to indications of the occurrence of Sexual Violence in the Workplace;
- Provide consideration to victims and companies regarding further resolution of complaints of sexual violences; and
- Providing assistance to victims to sexual violence in the workplace.
Therefore, the Task Unit must be conduct due to prevent any form of sexual violence and to process and complaints from the victim through the policies in the Company.
C. The Procedure of Handling Complaints for Sexual Violence in the Workplace
Handling of Sexual Violence in the Workplace by the Task Unit as the party handling complaints, is carried out as follows:
- The party that handling the complaint collects information through requests for information regarding complaints of sexual violence in the workplace by applying the principle of the presumption of innocence, monitoring results from surveillance cameras, and other sources of information.
- Requests for information can be made against victims and/or complainants, and other related parties.
- The results of information collection are made in writing by the party for handling the complaint.
- For the results of information gathering, the party which handling the complaint can give consideration to:
- Victims, to report acts of sexual violence in the workplace to the police; and
- Company to impose sanctions.
The party which handling the complaint can provide assistance to the victim and the office and/or ministry that administers government affairs in the field of employment provides protection in the form of a complaint service to Victims.
The imposition of sanctions must be in accordance with the form of sexual violence committed by the party proposed. Giving sanctions to perpetrators also does not reduce the rights of victims to report acts of sexual violence to the police and perpetrators can be subject to criminal sanctions according to regulations.
The Company can impose sanctions on the parties complained of, including in the form of:
- Written warning letter;
- Transfer or assignment to another division/section/work unit;
- Reducing or even eliminating part of all of their authority in the Company;
- Temporary suspension; and/or
- Termination of employment.
Author: Naomi Catherine Felencia
Gaffar & Co. is an Indonesian Boutique Law Firm specializing in commercial law, including Employment Law and Industrial Relations.
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