A Safer Workplace: How to Implement the Latest Decree of the Ministry of Manpower concerning the “Prevention and Handling of Sexual Violence in the Workplace”
Introduction: Sexual violence in the workplace is a grave issue that can lead to severe psychological and physical suffering for victims. In a significant step towards fostering safe and inclusive workplaces, the Ministry of Manpower has taken a monumental stride in combatting sexual harassment with the recent release of Decree No. 88 of 2023 on Guidelines for the Prevention and Handling of Sexual Violence in the Workplace (the “Guidelines”). This regulation aims to provide technical guidance to employers, workers, and relevant parties in implementing prevention and handling measures effectively. The decree comes as a beacon of hope, offering reassurance to employees and employers alike that everyone has the right to work in a respectful and secure environment as well as to maintain harmonious and productive industrial relations. Let us delve into the key highlights of this crucial decree.
Defining Sexual Violence: The guidelines distinguish between two main types of misconduct: Sexual Harassment (“Pelecehan Seksual”) and Sexual Violence (“Kekerasan Seksual”). Sexual Violence is defined as any act that degrades, humiliates, harasses, or attacks a person's body or reproductive function due to unequal power relations and/or gender, resulting in psychological and/or physical suffering. Sexual Harassment, on the other hand, is defined as any unwelcome sexual advances, requests for sexual favours, verbal or physical misconduct, or gestures of a sexual nature that offend, humiliate, or intimidate a person.
Sexual Violence in the Workplace
Forms of Sexual Violence: As outlined in the guidelines, Sexual Violence can take various forms, including non-physical and physical sexual harassment, forced contraception, forced sterilization, forced marriage, sexual abuse, sexual exploitation, sexual slavery, and electronic-based sexual violence. The guidelines specifically address the three most common forms of Sexual Violence that occur in workplaces: non-physical sexual harassment, physical sexual harassment, and electronic-based sexual violence.
Roles: The prevention of sexual violence in the workplace requires the involvement of multiple parties.
- Employers are responsible for formulating and disseminating policies that create a safe working environment.
- Workers must actively participate in prevention efforts and adhere to established policies.
- Labour unions play a role in disseminating policy information and preventing sexual violence among their members.
The Guidelines require employers to establish a Task Force consisting of a minimum of 3 people representing each of the above that is responsible for developing and implementing prevention programs. The Taskforce will be included as a part of the Bipartite Cooperation Agency (Lembaga Kerja Sama Bipartite) to address sexual violence in the workplace. The Taskforce's responsibilities include implementing prevention programs, receiving and recording complaints, collecting information, providing assistance, and helping with the settlement of complaints.
Efforts to Prevent Sexual Violence: To prevent sexual violence in the workplace, the guidelines recommend several matters, namely:
- creating policy specific for the prevention and handling of sexual violence in the working agreements, company regulations or collective labour agreements. This policy should outline the expected behaviour and conduct in the workplace.
- providing education for all individuals in the workplace. This is implemented by carrying out a mandatory training and educational program for all employees.
- increasing self-awareness to recognize potential risks.
- providing adequate working facilities and infrastructure.
- publicizing the company stance on sexual violence.
Reporting, Handling, and Recovery for Victims: Upon implementing all the preventive actions above, it is necessary for employers to create a procedure for reporting, handling, and recovery for the victims. In submitting any complaints, it is best to provide several tools internally to ensure a safe and confidential avenue to voice their grievances, both offline or online to designated persons, including the Task Force. It is important to note that these channels should guarantee the confidentiality of the complainant while ensuring a thorough investigation of each complaint. It also possible for the victims to submit their report to relevant government offices, or ministries overseeing labour affairs.
To ensure recovery, companies must prevent retaliation against victims and offer various support measures such as restoring sick or annual leaves, granting additional sick leave, removing negative assessments, re-employment in the case of an improper dismissal, and providing compensation. Additionally, employers may also offer counselling services and assistance to help victims cope with the emotional and psychological impact of harassment.
Conclusion: The Minister of Manpower Decree Number 88 of 2023 is a landmark move towards fostering safe, respectful, and inclusive workplaces . By addressing the issue of sexual harassment head-on, this regulation sends a powerful message that such behaviour will not be tolerated under any circumstance. It provides a much-needed safety net for employees, empowering them to speak up against harassment and seek justice. Employers must now step up and implement the required policies and mechanisms to ensure compliance with the decree and contribute to creating a healthier work environment .
At NSMP, we understand the challenges in navigating and implementing these regulations. If your organization needs comprehensive support in establishing policies, educating employees, and handling incidents of sexual harassment, our team of experts is here to assist you. Together, we can build a better and safer workplace for all. Contact us today to learn more about our services and take the first step towards fostering a workplace free from sexual harassment.
If you require further information on the new regulation, please do not hesitate to contact:
Nurjadin Sumono Mulyadi & Partners
Contact information:
Ruben Soeratman
Partner
ruben.soeratman@nurjadinet.com
Mutiara Andika
Associate
mutiara.andika@nurjadinet.com