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Regulation enabling banning of marriage between workers at same company challenged
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Eight employees have filed a judicial review with the Constitutional Court against a law that is used as a legal basis for companies to prevent marriage between workers at the same company. (Shutterstock/File)
E
ight employees representing individuals have petitioned the Constitutional Court to review an article of Law No. 13/2003 on manpower, which they claim is used as a legal basis for companies to ban marriage between employees working in the same company.
The employees, who are members of the labor union of state electricity company PLN, are challenging Article 153 (1) point f, which prohibits companies from terminating the employment of a worker due to blood relations or marriage to another worker in the same company unless so required by a collective work agreement or a company's internal rules and regulations.
The plaintiffs are demanding the removal of the “unless so required by a collective work agreement or a company's internal rules and regulations” clause as it contradicts articles 27 (2), 28 (1), 28C (1) and 28D (2) of the Constitution, a court official said.
“The plaintiffs want company owners to be prevented from terminating a worker due to blood relations or marriage to another worker at the same company,” court spokesperson Fajar Laksono said.
Most companies prohibit employees from marrying colleagues. Should couples want to proceed with marriage, one of them are required to resign from the company.
One of the plaintiffs, Jhoni Boetja, said marriage was a religious requirement and the bonds between a man and woman who loved each other could not be rejected.
"This regulation can be abused by parties who want to terminate workers,” Jhoni said as quoted on the court's website. (ebf)
