JurnalPost.com - The issue of female worker welfare cannot be measured solely by economic needs. Guaranteeing their rights in the workplace is a crucial component of labor protection.
Normatively, female workers in Indonesia are protected by the constitution and various legislative regulations. One such regulation governing this matter is Law Number 13 of 2003 concerning Manpower, along with subsequent amendments.
One right of female workers that often escapes attention in practice is the right to be absent from work when suffering from pain during menstruation, commonly referred to as menstrual leave.
Menstruation is a natural biological process that women experience periodically. However, every woman's condition during menstruation is not the same. Some can carry out activities as usual, while others experience severe pain that affects their ability to work.
Article 81 paragraph (1) of Law Number 13 of 2003 concerning Manpower states:
“Female workers/laborers who feel pain during their menstrual period and notify the employer are not required to work on the first and second day of their menstrual period.”
This provision demonstrates that labor law has provided protection for the biological condition of female workers.
Indonesia has also ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) through Law Number 7 of 1984.
Protection for female workers due to menstrual pain is also linked to the right to wages. Article 93 paragraph (2) letter b of Law Number 13 of 2003 stipulates that employers are still obligated to pay wages if a female worker is ill on the first and second day of her menstrual period and is unable to perform her work.
This means that exercising this right does not, in principle, cause the worker to lose her wages.
Violations of the wage payment obligation as referred to in Article 93 paragraph (2) also carry legal consequences. Article 186 stipulates a penalty of imprisonment for a minimum of one month and a maximum of four years and/or a fine of at least Rp10 million and at most Rp400 million.
Why Is the Right to Menstrual Leave Still Difficult to Implement?
The question then arises: if this right is already regulated by law, why do some female workers still find it difficult to exercise it in practice?
One of the issues lies in the implementation mechanism.
Article 81 paragraph (2) states that the implementation of the provisions referred to in paragraph (1) shall be regulated in employment agreements, company regulations, or collective labor agreements.
This provision should serve as a basis for companies to create clear implementation mechanisms. However, in practice, understanding of this right is not necessarily uniform among either employers or workers.
Another issue arises when female workers are required to attach a doctor's note to exercise this right. Administrative requirements like this can become a barrier if applied without considering the worker's condition and access to health facilities.
During menstruation, some women may experience abdominal pain, pressure in the lower abdomen, hip and back pain, headaches, nausea, and digestive disturbances.
These conditions vary in severity for each individual. Therefore, workplace policies should not ignore biological conditions that can realistically affect a worker's ability to perform their duties.
The next issue is the level of worker awareness regarding their own rights.
In several discussions regarding menstrual leave, it is still found that some female workers only recently learned that this protection is actually regulated in labor provisions.
This condition shows that the existence of a norm in a law does not automatically mean that the norm is understood and implemented effectively.
A right written on paper can seem to be “present yet absent” if workers do not know of its existence or feel it is difficult to use.
Proportional Supervision and Legal Protection
In this context, labor supervision plays a very important role.
The Ministry of Manpower, together with regional labor inspection agencies, needs to ensure that the rights of female workers are truly implemented in the workplace.
Supervision should not only be conducted when a dispute occurs. Education and prevention also need to be part of labor protection policies.
Workers must receive easily understood information regarding their rights, including the mechanism for filing complaints if there is a suspected violation of labor norms.
Digitalizing complaint services can indeed make things easier for the public. However, access to these services must also consider workers who have limited access to devices, digital literacy, or internet connectivity.
Therefore, complaint channels should remain easily accessible through various means so that legal protection is not only effective for those accustomed to using technology.
On the other hand, employers also play an important role.
Companies need to conduct socialization regarding the rights of female workers, including provisions on menstruation, pregnancy, childbirth, breastfeeding, occupational safety, and other forms of protection.
Workers need to know clearly that exercising their right due to menstrual pain does not automatically reduce their annual leave or their right to wages as regulated in labor provisions.
Clear procedures are also necessary so that workers do not feel afraid, reluctant, or worried about being stigmatized when exercising this right.
Momentum for Labor Regulation Reform
The issue of worker protection has returned to the spotlight following the Constitutional Court Decision Number 168/PUU-XXI/2023.
In that decision, the Constitutional Court requested that the legislature separate labor regulations from the Job Creation Law and form a new labor law within a maximum period of two years from the date the decision was read on October 31, 2024.
Thus, the deadline for the formation of these new regulations expires on October 31, 2026.
In 2026, the House of Representatives (DPR RI) and the government are still continuing discussions on the draft law in the labor sector. This momentum should be used to evaluate various issues that have arisen in the application of workers' rights.
One of these is the provision of Article 81 paragraph (1) and paragraph (2) regarding female workers who experience pain during their menstrual period.
Future regulations need to provide stronger certainty regarding the mechanism for exercising this right so as not to cause varying interpretations within companies.
For example, there needs to be clarity regarding the notification procedure to the company, documents that may or may not be required, guarantees for wage payments, and protection of workers from discriminatory actions after exercising this right.
This clarity is important because legal protection is not just a matter of whether a right has been included in the law, but also whether that right can truly be used by the people it is intended to protect.
Do Not Let Rights Exist Only on Paper
Menstrual leave or the right to be absent from work due to menstrual pain is not a form of privilege granted to female workers. This right is a form of protection for a biological condition that can realistically affect a person's ability to work.
Therefore, discussions regarding the rights of female workers should not stop at the existence of rules.
Effective supervision, worker understanding, employer awareness, and clear company procedures must go hand in hand.
When a right has been recognized in law but workers feel afraid or find it difficult to use, there is a gap between legal norms and workplace reality.
Labor regulation reform is the momentum to narrow that gap.
Do not let the female worker's right to protection when experiencing menstrual pain appear strong only in the text of the law, but remain almost unfelt in practice.
If that condition continues to occur, then the existence of menstrual leave will remain in the same situation: between presence and absence.
Sources
Law Number 13 of 2003 concerning Manpower.
Law Number 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination against Women.
Constitutional Court Decision Number 168/PUU-XXI/2023.
dr. Enrico Hervianto, Sp.OG., “Menstruation”, accessed October 3, 2026.
Tia Monica Sitohang, “Menstrual Leave Rights Often Seized by Companies from Women”, accessed October 3, 2026.
DPR RI, “Discussion of the Labor Protection Bill Accelerated According to Constitutional Court Deadline”, accessed October 3, 2026.
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