Ari Pramuditya, Ady T. D. Achmad
JALA PRT Protest. Photo by: RES
A number of independent organizations are currently urging the House of Representatives (House) to prioritize deliberations of the Draft Bill on the Protection of Domestic Workers (Draft Bill). The Draft Bill is expected to clarify the relationship between employers and their domestic workers, as well as the various rights and obligations of both parties.
Lita Anggraeni, Coordinator for the National Network for Domestic Worker Advocacy (Jaringan Nasional Advokasi Pekerja Rumah Tangga – JALA PRT), argues that the Draft Bill is essential and will serve as a basic regulatory framework for working relations between domestic workers and their employers.
Mrs. Anggraeni recently stated that, at present, there was no sufficient legal basis for the regulation of working conditions that covers both domestic workers and their employers. This uncertainty has on a number of occasions culminated in domestic workers suffering episodes of violence and abuse. Indeed, according to JALA PRT data, 435 cases of violence against domestic workers were recorded in 2015 alone.
“This sad trend will continue if there is no law to protect domestic workers,” Mrs. Anggraeni stated at a press conference held at the office of LBH Jakarta on Monday, 8 January 2016.
Mrs. Anggraeni also explained that the Draft Bill would regulate dispute-resolution mechanisms between employers and domestic workers. In its current version, the Draft Bill mandates for disputes to be settled through mediation if possible. Also set out in the bill is the obligation for employers to register their domestic workers with the new Healthcare and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan – “BPJS”) program, as well as the obligation to meet minimum-wage standards.
Employer protection is also seen as important however. Employers often find themselves at a disadvantage when their domestic workers are absent from work without first providing their employers with any notification. Workers have even been known to commit criminal acts at employer’s houses. In order to overcome this, the Draft Bill grants employers the right to know the full identities of their workers. This right is also an important part of ongoing efforts to prevent the practices of child labor and human trafficking.
Commenting on the issue of protection for employers, Magdalena, a commissioner at the National Commission for Women, asserted that the Draft Bill not only offered protection for domestic workers, but also their employers. Magdalena believes that if working relations between the two parties have been properly delineated, then acts of violence act can be prevented.
At the same time, employers should ensure that their workers are properly qualified, and the Draft Bill could help here, Magdalena believes, as it could encourage domestic workers to attend training sessions organized by the Government. “We propose that this provision be included in the Draft Bill,” Mrs. Magdalena announced at the press conference.
Also offering support for the Draft Bill was Giwo Rubianto Wiyogo, Chairman of the Indonesian Women’s Congress (Kowani). During the press conference, Mr. Wiyogo highlighted the common practice whereby employers treat their domestic workers as part of the family, often to the point of including the workers on their official family cards. On the one hand, this demonstrates good employer-employee relations, however it also blurs the various rights and obligations that should exist between the two parties. Clarity in any working relationship is important for both employers and workers, Wiyogo asserted.
“There should be no more delays in discussions of the Draft Bill. Clear regulation of minimum-wage standards and other rules is urgently needed,” Mr. Wiyogo declared.
Mr. Wiyogo proposed a number of matters that need to be regulated through the Draft Bill, including the area of competency and skills. For example, the Draft Bill should set Junior High School as the minimum level of education that any domestic worker should have enjoyed. Moreover, a domestic worker must not receive a salary that is lower than the provincial minimum wage.
Additionally, Mr. Wiyogo also contended that the Government needs to improve the competency and skills of Indonesia’s domestic workers. In a related area, agents that provide domestic workers should be regulated in order to prevent any harm being caused to both employers and their domestic workers.
The Draft Bill was first initiated by the House back in 2004, and was continually listed in the National Legislation Program during the 2010-2014 period. The Draft Bill finally made it to the legislative body at the House in 2012 and a number of legislators even visited both South Africa and Argentina in a bid to enrich discussions of the Draft Bill. Currently however, the Draft Bill has not been included in the 2015 National Legislation Program.
(rfs/sp)
Ari Pramuditya, Ady T. D. Achmad
JALA PRT Protest. Photo by: RES
A number of independent organizations are currently urging the House of Representatives (House) to prioritize deliberations of the Draft Bill on the Protection of Domestic Workers (Draft Bill). The Draft Bill is expected to clarify the relationship between employers and their domestic workers, as well as the various rights and obligations of both parties.
Lita Anggraeni, Coordinator for the National Network for Domestic Worker Advocacy (Jaringan Nasional Advokasi Pekerja Rumah Tangga – JALA PRT), argues that the Draft Bill is essential and will serve as a basic regulatory framework for working relations between domestic workers and their employers.
Mrs. Anggraeni recently stated that, at present, there was no sufficient legal basis for the regulation of working conditions that covers both domestic workers and their employers. This uncertainty has on a number of occasions culminated in domestic workers suffering episodes of violence and abuse. Indeed, according to JALA PRT data, 435 cases of violence against domestic workers were recorded in 2015 alone.
“This sad trend will continue if there is no law to protect domestic workers,” Mrs. Anggraeni stated at a press conference held at the office of LBH Jakarta on Monday, 8 January 2016.
Mrs. Anggraeni also explained that the Draft Bill would regulate dispute-resolution mechanisms between employers and domestic workers. In its current version, the Draft Bill mandates for disputes to be settled through mediation if possible. Also set out in the bill is the obligation for employers to register their domestic workers with the new Healthcare and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan – “BPJS”) program, as well as the obligation to meet minimum-wage standards.
Employer protection is also seen as important however. Employers often find themselves at a disadvantage when their domestic workers are absent from work without first providing their employers with any notification. Workers have even been known to commit criminal acts at employer’s houses. In order to overcome this, the Draft Bill grants employers the right to know the full identities of their workers. This right is also an important part of ongoing efforts to prevent the practices of child labor and human trafficking.
Commenting on the issue of protection for employers, Magdalena, a commissioner at the National Commission for Women, asserted that the Draft Bill not only offered protection for domestic workers, but also their employers. Magdalena believes that if working relations between the two parties have been properly delineated, then acts of violence act can be prevented.
At the same time, employers should ensure that their workers are properly qualified, and the Draft Bill could help here, Magdalena believes, as it could encourage domestic workers to attend training sessions organized by the Government. “We propose that this provision be included in the Draft Bill,” Mrs. Magdalena announced at the press conference.
Also offering support for the Draft Bill was Giwo Rubianto Wiyogo, Chairman of the Indonesian Women’s Congress (Kowani). During the press conference, Mr. Wiyogo highlighted the common practice whereby employers treat their domestic workers as part of the family, often to the point of including the workers on their official family cards. On the one hand, this demonstrates good employer-employee relations, however it also blurs the various rights and obligations that should exist between the two parties. Clarity in any working relationship is important for both employers and workers, Wiyogo asserted.
“There should be no more delays in discussions of the Draft Bill. Clear regulation of minimum-wage standards and other rules is urgently needed,” Mr. Wiyogo declared.
Mr. Wiyogo proposed a number of matters that need to be regulated through the Draft Bill, including the area of competency and skills. For example, the Draft Bill should set Junior High School as the minimum level of education that any domestic worker should have enjoyed. Moreover, a domestic worker must not receive a salary that is lower than the provincial minimum wage.
Additionally, Mr. Wiyogo also contended that the Government needs to improve the competency and skills of Indonesia’s domestic workers. In a related area, agents that provide domestic workers should be regulated in order to prevent any harm being caused to both employers and their domestic workers.
The Draft Bill was first initiated by the House back in 2004, and was continually listed in the National Legislation Program during the 2010-2014 period. The Draft Bill finally made it to the legislative body at the House in 2012 and a number of legislators even visited both South Africa and Argentina in a bid to enrich discussions of the Draft Bill. Currently however, the Draft Bill has not been included in the 2015 National Legislation Program.
(rfs/sp)