Many private companies in Indonesia prohibit their workers from marrying each other, with the common arguments being that it’s necessary to prevent nepotism and that marriage between coworkers can disrupt the professional atmosphere at any given workplace.
Firing somebody for their marital status is actually illegal in Indonesia, as Article 153 Paragraph 1 of the Employment Law states: “Businesses are prohibited from terminating employment if the worker has a relation and/or marriage with another worker in a company, except as regulated in a contract or company policy.” However, the exception stated in the second part of that law has provided companies with the loophole needed to issue internal policies prohibiting coworkers to marry.
Often, one of the people getting married must resign in order to allow their future spouse to continue working for the company.
Yesterday, a group of eight employees filed for a judicial review of the law with the Constitutional Court, arguing that the sanctity of marriage should supersede any company policy.
“Termination of employment will continue to happen just because the worker wants to carry out their religious duty to get married, whereas finding one’s match for marriage can’t be denied because love between a man and a woman is hard to resist,” said plaintiff Jhoni Boetja, as quoted by Detik.
Specifically, the plaintiffs argued that prohibiting marriage between coworkers violates basic human rights as guaranteed by the UUD 1945 Constitution.
The Indonesian Employers Association (Apindo) told the court that they agree there may be positive outcomes from letting coworkers marry, but they don’t outweigh the possibility of conflicts of interest that could arise.
The Constitutional Court is still hearing arguments for and against the judicial review, with a decision expected in the near future.
Do you think coworkers should be able to marry? Let us know your thoughts on our Facebook page.
