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Equal Employment in Indonesia: Pay, Leave and Hiring Rules

Equal employment in Indonesia, plainly explained: equal pay for work of equal value, the 1% disability quota, maternity leave and fair job adverts.

Jurisdiction
Indonesia
Last reviewed
15 Sept 2026
References
  • UU No. 13 Tahun 2003 on Manpower, as amended by UU No. 6 Tahun 2023, Article 81 — Articles 5 and 6 and their elucidation, Article 32, Article 153 and Article 190
  • UU No. 8 Tahun 2016 on Persons with Disabilities, in force 15 April 2016 — Articles 11, 49, 50, 53 and 54
  • UU No. 4 Tahun 2024 on the Welfare of Mothers and Children in the First Thousand Days of Life, in force 2 July 2024 — Articles 4, 5 and 6
  • PP No. 36 Tahun 2021 on Wages, in force 2 February 2021 — Article 2 and its elucidation
  • UU No. 80 Tahun 1957, ratifying ILO Convention No. 100, in force 31 December 1957; UU No. 21 Tahun 1999, ratifying ILO Convention No. 111, in force 7 May 1999
  • Circular of the Minister of Manpower No. M/6/HK.04/V/2025 on the prohibition of discrimination in recruitment, 28 May 2025
  • Constitutional Court Decision No. 35/PUU-XXII/2024, pronounced 30 July 2024

Equal employment in Indonesia rests on two short articles of the Manpower Law, Law No. 13 of 2003 (UU 13/2003; Undang-Undang is Indonesian for a law passed by parliament). Every job-seeker has an equal opportunity to obtain work without discrimination (Article 5), and every employee is entitled to equal treatment from the employer (Article 6). Neither article was changed when the Job Creation Law, UU 6/2023, amended the Manpower Law.

For an employer, that comes down to four practical points: pay set by the role, a minimum share of employees with disabilities, protection for women around childbirth, and job adverts that ask for what the work needs. None of them is complicated once the pay structure and leave rules are in place. A new manpower bill is before the House of Representatives: this article states the law in force on 15 September 2026, and we will update it if the new law changes these points.

What equal employment in Indonesia requires

The grounds an employer may not use to treat people differently are sex, ethnicity, race, religion, skin colour and political affiliation, and equal treatment extends to people with disabilities (elucidation to Articles 5 and 6, the official explanatory notes published with the law).

The same principle governs recruitment. Placement is to be open, objective, fair and equal, matching people to jobs by their skills, talent and ability (Article 32). Indonesia has also ratified the two International Labour Organization (ILO) conventions on the subject: Convention 100 on equal pay for work of equal value (UU 80/1957) and Convention 111 on discrimination in employment (UU 21/1999).

Where an employer does treat staff unequally, central or regional government can impose administrative sanctions (Article 190, as amended by UU 6/2023).

Pay for work of equal value

Every employee is entitled to the same wage for work of the same value, and to equal treatment in how the company’s wage system is applied (Government Regulation (PP) 36/2021 on Wages, Article 2(2) and (3)). Work of equal value means work of the same weight within one company, measured by competence, work risk and responsibility, among other things (elucidation to Article 2(3)).

So two employees can be paid differently. What matters is the reason.

What can and cannot set two employees' pay apart
Can it set pay apart?Source
Competence YesPP 36/2021, elucidation to Article 2(3)
Work risk YesPP 36/2021, elucidation to Article 2(3)
Responsibility YesPP 36/2021, elucidation to Article 2(3)
Sex, ethnicity or race NoPP 36/2021, elucidation to Article 2(2)
Religion or skin colour NoPP 36/2021, elucidation to Article 2(2)
Political affiliation NoPP 36/2021, elucidation to Article 2(2)
Disability No, for the same work and responsibilityUU 8/2016, Article 49

A written wage structure that sets pay by role and grade is the simplest way to show that a difference follows the job. MAM’s payroll team applies that structure to every employee each month, so pay follows the role rather than the person.

Employing people with disabilities

For equal employment in Indonesia, the Disabilities Law, UU 8/2016, in force since 15 April 2016, adds a minimum share of employees with disabilities.

1%
Of employees, at least, for private companies (Article 53(2))
2%
For government, regional government and state- or region-owned enterprises (Article 53(1))

An employee with a disability is paid the same as a colleague doing the same kind of work with the same responsibility (Article 49), may not be dismissed because of the disability (Article 11(d)), and is given reasonable accommodation and accessible facilities at work (Article 50(1)).

The law also works the other way. Government must give incentives to private companies that employ people with disabilities, such as easier licensing, awards and help providing accessible facilities (Article 54(1) and its elucidation).

Protections for women employees

The main rules now sit in UU 4/2024 on the welfare of mothers and children, in force since 2 July 2024.

Maternity leave

At least three months, and up to three months more where a doctor certifies a complication for the mother or the child. The employer must grant it (UU 4/2024, Article 4(3)(a), (4) and (5)).

Pay during leave

Full pay for the first four months of maternity leave, and 75% of pay for the fifth and sixth (UU 4/2024, Article 5(2)).

Miscarriage

A rest period of one and a half months, or as long as a doctor, obstetrician or midwife certifies (UU 4/2024, Article 4(3)(b)).

No dismissal

An employee on maternity or miscarriage leave cannot be dismissed (UU 4/2024, Article 5(1)), and no one may be dismissed for being pregnant, giving birth, miscarrying or breastfeeding (UU 13/2003, Article 153(1)(e), as amended).

A working mother is also entitled to a fair opportunity and proper facilities for health care and lactation during working hours (Article 4(3)(c)). A husband is entitled to two days’ leave when his wife gives birth, which can be extended by up to three more days or by agreement (Article 6(2)(a)).

Reasons that cannot end employment

As amended in 2023, the Manpower Law bars an employer from dismissing someone for practising their religion, for marrying, or for differences of belief, religion, political affiliation, ethnicity, skin colour, group, sex, physical condition or marital status (Article 153(1)).

A dismissal on any of these grounds is void by law, and the employee is reinstated (Article 153(2)).

Job advertisements and age limits

In May 2025 the Ministry of Manpower told regional governments that employers should not discriminate on any ground when recruiting (Circular No. M/6/HK.04/V/2025, 28 May 2025). The Ministry expects an age requirement only where the nature of the job genuinely affects a person’s ability to do it, and never in a way that takes away the chance of getting work. The same applies to candidates with disabilities.

A circular is the Minister’s guidance to officials rather than a regulation. Its words are general, so an advert built around the job itself follows it most easily:

  • The skills and qualifications the role requires
  • The experience the work calls for
  • An age range only where the work itself depends on one
  • No requirements about appearance or marital status unless the role truly depends on them

Questions employers ask

Can a job advert set an age limit?
Yes, where the job needs one. The Constitutional Court has held that an age limit is not in itself unlawful discrimination (Decision No. 35/PUU-XXII/2024, 30 July 2024), and the Ministry's 2025 circular asks employers to keep age limits to roles whose nature requires them.
Can an expatriate be paid more than a local employee?
Yes, where the roles differ. Equal pay is measured against the value of the work within the company, weighed by competence, risk and responsibility (PP 36/2021, Article 2(3)). A package that reflects a more senior or more specialised role rests on that test.
Can we dismiss an employee for marrying a colleague?
No. The Manpower Law bars dismissal for being related by blood or marriage to another employee of the same company. Before 2023 an employment contract, company regulations or a collective agreement could provide otherwise; that exception was removed (Article 153(1)(f), as amended by UU 6/2023).

What this means for you

In practice, equal employment in Indonesia asks for a few settled habits: pay set by the role, adverts written around the job, and maternity leave granted as the law sets it.

MAM takes the pay side off your hands. The same monthly payroll that applies your wage structure also handles BPJS (the state social security contributions), PPh 21 (the income tax withheld from salaries) and the religious holiday allowance. To see what a new hire costs in total before you advertise, use the cost of an employee calculator. If an earlier pay run needs putting right, common payroll mistakes explains how corrections are made.

Want every employee paid on the same fair terms?

Tell us how your team is paid today. We will show you where the pay and leave rules apply to you, and run your payroll from there.

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