Fortunately, The Elimination Of Maximum Age Limit Requirements In Job Vacancies

The discourse of eliminating the maximum age limit in job vacancies will pose a number of challenges in the future. (Special)

JAKARTA - Minister of Manpower (Menaker) Yassierli hopes that there will be no age discrimination in job vacancies. If realized, this plan will later find many challenges.

When Indonesia is faced with an endless wave of layoffs (PHK), Menaker Yassierli's plan to remove the maximum age limit and the narrative looks attractive in job vacancies received positive responses from various circles.

Director of Economics Center of Economic and Law Studies (Celios) Nailul Huda welcomed this discourse. According to him, with this regulation, people who are laid off at the age of 30-40 years can have the opportunity to work again.

However, the discourse on eliminating the age limit in recruitment also raises questions. Masykur Isnan as a criminal law observer said the discourse had a number of challenges, including making competition between generations more stringent, and older workers needed to adapt to technology and new work systems.

The practice of the age limit in job vacancies has been sued by the Constitutional Court by an employee in Bekasi, Leonardo Olefin Hamonangan.

He requested to test the constitutionality of Article 35 paragraph (1) of Law Number 13 of 2003 concerning Manpower (UU Ketenagakerjaan). It reads from the Article, namely "Workers who need personnel can recruit their own required workforce or through the implementation of labor placement".

According to him, the articles contained in Law Number 13 of 2003 will make cheats' for the practice of discrimination in recruitment, such as including the maximum age limit, educational background, and work experience. However, the Constitutional Court rejected Leonardo's request in July last year.

The Constitutional Court considers age not to be included in discrimination, because discrimination in work refers to religion, race, ethnicity, class, socio-economic status, gender, political views, and language.

The discourse on eliminating the age limit in job vacancies has again become a topic of conversation after the proposed Minister of Manpower Yassierli some time ago, because it is considered a form of 'discrimination'.

"We want there to be no discrimination, we want all jobs to be open to anyone," said Minister of Manpower Yassierli, as quoted by Antara.

"So that everyone gets the same opportunity to work," he continued.

Previously, on the commemoration of Labor Day in early May, the East Java government issued a circular encouraging companies to no longer include a maximum age limit that is not objectively relevant in job vacancies.

Masykur Isnan said that age restrictions that are irrelevant to the type of work are a form of discrimination that hinders access to work, especially for applicants over the age of 35.

Moreover, data from the Central Statistics Agency (BPS) in February 2024 shows that the open unemployment rate aged 40 years and over reached 4.8 percent.

"If this practice is allowed to happen, the older productive age group will be eliminated," he said when contacted by VOI.

This policy also, Isnan continued, is in line with Convention International Labor Office (ILO) No.111 which prohibits age-based discrimination. Therefore, he considered this circular an important step to provide opportunities for the age of more than 35 years to get a job.

"With the issuance of this appeal, it is also necessary to follow more binding regulations and supervision in the field so that they are right on target," added Masykur Isnan.

However, he said the discourse of eliminating the age limit in work also has challenges in the future, both in terms of job seekers and in terms of the company.

These include tightening competition between generations, and older workers need to adapt to new technology and work systems.

"From the company side, they get the freedom to choose candidates based on competence, but must also be ready to manage the training and health needs of cross-age workers," said Managing Director Masykur Isnan & Partners Law Firm.

Meanwhile, Secretary General of the All-Indonesian Workers Organization Timboel Siregar said, as long as the maximum age limit is only in the form of an appeal, it will eventually return to their respective companies to implement it, according to their needs.

The problem, said Timboel, is when the government makes regulations that require companies to implement them.

"In my opinion, the government is actually making a rigidity in the process of companies that want to recruit," said Timboel.

"This is the problem, the company ultimately doesn't have the flexibility to recruit as needed," he added.

For this reason, Timboel does not really agree if the government interferes with removing the maximum age limit for job seekers. According to him, there are more important things to take care of by the government.

"It is better for the government to focus on how to create jobs, so that people who are a bit old can come to work," he explained.

He is worried that the elimination of the maximum limit will actually increase the unemployment rate among young people or productive age.

"In my opinion, it is better for the government to try to open vacancies that are of the age above to be able to work in the public service sector, so the government does not need to take care of the private sector," said Timboel again.