Gender-Responsive Enabling Policies for Employment in Indonesia

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    Gender-Responsive Enabling

    Policies for Employment in

    Indonesia

    Asep Suryahadi & Widjajanti Isdijoso

    SMERU Research Institute www.smeru.or.id

    Workshop on Education, Employment, andEntrepreneurship ADB & OECD

    Manila 27-28 February 2012

    The views expressed in this paper are the views of the author and do not necessarily reflect the views or policies of the Asian

    Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy ofthe data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper donot imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.

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    Policy Area Formal Institution: Biased laws/regulations

    Informal Institution: Social norms on care and

    market works Market: Differential access to labor market

    Household: Differential allocation of time and

    resources

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    Formal Institution: Biased laws/regulations

    Labor Law No. 13/2003 (1)

    Key features against gender equality:

    No stipulation on rights to equal payment for equalqualification

    No prohibition on violence and harassment againstwomen at work place

    No explicit punishment for violation of womens rights No legal recognition of domestic workers

    No safeguarding from unintended adverse impact of labormarket institutions on women (e.g. the disemployment

    impact of an increase in minimum wage is higher for

    women than men)

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    Formal Institution: Biased laws/regulations

    Labor Law No. 13/2003 (2)

    Minimum Wage Elasticity of Employment

    Type of Workers Elasticity t-value

    All workers -0.112** -3.031

    Male -0.065 -1.874

    Female -0.307** -4.642Adult -0.066 -1.801

    Youth -0.307** -3.349

    Educated -0.017 -0.480

    Low educated -0.196** -3.787

    White collar 1.000* -2.086

    Blue collar -0.140 -0.699

    Full-time -0.086* -2.248

    Part-time -0.364* -2.560Note: ** significant at 1%

    * significant at 5%

    Source: Suryahadi et al. (2003)

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    Formal Institution: Biased laws/regulations

    Labor Law No. 13/2003 (3)

    Recommendations:

    Explicit prohibition of both horizontal and vertical sexsegregation and discrimination of work

    Stipulation on threshold limit values, physical work loads,and risks within female-dominated occupations Requirement for provision of information and education

    about womens occupational health and safety risks

    Establishing law on domestic workers

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    Formal Institution: Biased laws/regulations

    Labor Union Law No. 21/2000

    Key features against gender equality:

    No affirmative action for women low representation ofwomen in labor unions

    Recommendations: Supporting and facilitating womens equal access to

    unionization

    Union-sponsored activities should take into accountwomens special needs, such as family-friendly schedules

    Within unions, womens committees should be formed tostimulate discussion on womens specific needs

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    Formal Institution: Biased laws/regulations

    Migrant Worker Law No. 39/2004

    Key features against gender equality:

    Fail to protect women working in domestic works Recommendations:

    Strengthening cooperation with receiving countries inproviding protection for women working in domestic works

    Ratifying UN convention on the protection of the rights ofmigrant workers (in progress)

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    Formal Institution: Biased laws/regulations

    Income Tax Law No. 36/2008 (1)

    Key features against gender equality:

    Non-taxable income to husband only Based on assumption that women are secondary earners

    Serious implication for female headed households (many ofthem are not officially divorced from their husbands)

    Recommendations:

    Developing a system that provide more flexibility for

    husband and wife to have own tax account and decidewho should have discounted tax rate (taking into account

    the dependents)

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    Formal Institution: Biased laws/regulations

    Income Tax Law No. 36/2008 (2)

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    Formal Institution: Biased laws/regulations

    Income Tax Law No. 36/2008 (3)

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    Informal Institution: Social norms on care and

    market works (1)

    Key features against gender equality:

    Women are viewed as responsible for care work, whileearning family income is the responsibility of men

    Care work has low market recognition and valuation Recommendations:

    Public education on revaluation of care work to widen theunderstanding of the economy to include the reproductive

    sector and to recognize care as a crucial social investment Developing subsidy programs for early childhood and

    elderly care, in particular for poor families

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    Informal Institution: Social norms on care and

    market works (2)

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    Market: Differential access to labor market (1)

    Key features against gender equality:

    Womens participation in the labor force (51%) is far belowmens (84%)

    Underemployment is much more common among women(37%) than among men (22%)

    A large majority of overseas migrant workers are women(74% ), most of them work as domestic helpers (90%)

    Ratio of unemployment rate between women and men isimproving but still higher than one

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    Ratio of Female to Male Unemployment Rate

    0.00

    1.00

    2.00

    3.00

    15-24 25-49 50+ All Ages

    2001

    2002

    2003

    2004

    2005

    2006

    20072008

    2009

    Market: Differential access to labor market (2)

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    Market: Differential access to labor market (3)

    Recommendations:

    Strengthening family-friendly policies such as providingsupport for child care, maternity and paternity leave,

    support for women during maternity and on return to work,facilities for nursing infants, flexible working hours, flexibleleave arrangements and career-break schemes, tele-working, and home-working.

    Preventing irregular and unpredictable work schedules,over which the employee has little control

    Imposing quotas on the number of women on companyboards

    Promoting gender equality in education

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    Market: Differential access to labor market (4)

    Number of Women in the Board of Directors of10 Largest Companies (%)

    PT Telkom 0 out of 8

    Bank BCA 1 out of 7

    Bank Mandiri 1 out of 10

    Bank BRI 1 out of 10

    Bank BNI 1 out of 9

    PT Bumi Resources 0 out of 5

    Bank Danamon 3 out of 8

    PT Gas Indonesia 0 out of 6

    PT Semen Gresik 0 out of 6

    PT Bukit Asam 0 out of 6

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    -35

    -30

    -25

    -20

    -15

    -10

    -5

    0

    5

    10

    15

    Percentile 25 Percentile 50 Percentile 75 Percentile 90

    Difference in Net Profit between Male & FemaleEntrepreneurs by Expenditure Level (%), 2008

    Control variables: Experience, age, education, marital status

    Source: Toth (2010)

    Market: Differential access to labor market (5)

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    Source: Matsumoto (2011) 18

    Market: Differential access to labor market (6)

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    Gender wage gaphas declined by

    15% between1996 and 2009

    Source: Matsumoto (2011)

    Age19%

    Education51%

    IndustrialComposition

    7%

    Urbanization3%

    Residualfactors20%

    Factors Contributing to Declining Gender Wage Gap 1996-2009

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    Market: Differential access to labor market (7)

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    Household: Differential allocation of time and

    resources

    Key features against gender equality:

    Double burdens for women who do market work as they

    are still responsible for all or most household works

    Working as unpaid family workers is more pervasiveamong women (32.4% ) than among men (8.1%)

    Recommendations:

    Providing child- and out-of-school hours care support

    Development of an integrated set of work-family balancesupports for families with children

    Investing in physical and social infrastructure to helpwomen access labor markets

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    Thank You

    [email protected] [email protected]

    It is through gainful

    employment thatwoman traversed most

    of the distance thatseparated her from themale; and nothing elsecan guarantee herliberty in practice.(Simone de Beauvoir,1949)