Indonesian Journal of Labour law and Industrial Relations
Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations

An Analysys of Maternity Leave Rights for Female Workers in Law (Comparative Study of Indonesia-France)

Zayyan Rachmadiani (Universitas Negeri Surabaya)
Ahmad Nailul Author (Universitas Negeri Surabaya)



Article Info

Publish Date
12 Dec 2025

Abstract

This research analyzes the protection of maternity leave for female workers through a comparative study between Indonesia and France. This study is motivated by the non-ideal duration of maternity leave for female workers in Indonesia, which is deemed insufficient to fulfill health needs, physical recovery, as well as maternal and child welfare. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The technique for collecting legal materials is conducted through a literature review, which is subsequently analyzed using a prescriptive method. The results indicate a structural gap between Indonesia and France. Indonesia, as a developing country, still applies a maternity leave duration that falls below the minimum standard specified by the ILO Convention No. 183 of 2000. Meanwhile, France, as a welfare state, implements the Code du Travel system with a longer, more flexible maternity leave duration that varies based on the number of children or multiple birth conditions. This comparison demonstrates that the lack of an optimal and ideal maternity leave duration adversely affects the recovery period of working mothers and their children. Therefore, legal reform is required in Indonesia to comprehensively regulate a more ideal duration of maternity leave and optimal health protection for female workers in order to create a safe working environment.

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Journal Info

Abbrev

ijllir

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Indonesian Journal of Labor Law and Industrial Relations is a peer-reviewed academic journal that was established by the Faculty of Law, Surabaya State University, with a particular focus on labor law, industrial relations, and industrial relations dispute resolution, both within Indonesia and ...