RI needs comprehensive labor policy<\/p>\n
Wahyu Susilo, Executive Secretary, Consortium for Indonesian
\nMigrant Workers Advocacy, wahyusus@hotmail.com, Jakarta<\/p>\n
International Labor Day or May Day (May 1) celebrates the
\ncontribution of workers around the world. We are usually reminded
\nby their living conditions. Indonesia in particular has faced an
\naccumulation of labor problems ranging from forced repatriation
\nof Indonesia's migrant workers from Malaysia to the relocation
\nabroad of industrial undertakings with foreign investment and its
\nmassive layoffs (Sony and Doson cases).<\/p>\n
The war in Iraq has affected the sending of migrant workers to
\nthe Middle East. The Institute for Development of Economics and
\nFinance estimates that the Middle East situation has led to a
\ndecline of some US$1.6 billion in our foreign exchange earnings.<\/p>\n
Thousands of would-be migrant workers scheduled to depart for
\nSingapore, Hong Kong and Taiwan have had to postpone their plans
\nowing to fears of the Severe Acute Respiratory Syndrome (SARS).
\nAside from the threat of being infected by SARS virus, these
\nworkers have to receive the stigma of SARS virus carriers. In a
\nnumber of regions in Central Java, local administrations have
\nsubjected all returning migrants to "a mandatory report".<\/p>\n
Despite all problems the government has yet to draw up a
\ncomprehensive labor policy design. The late response to mass
\ndeportation from Malaysia led to crowds of stranded workers from
\nNunukan. At least 79 workers and their family members died mainly
\nowing to living conditions in the camps. The government's
\ninaction has led to a class action against the government, which
\nis now being heard at the Central Jakarta district court.<\/p>\n
Handling of labor cases at home is yet to find an enlightened
\npath. Despite the intervention of and recommendation from the
\nInternational Labor Organization (ILO), the government can do
\nnothing. Industrial relocation has led to massive dismissals with
\nmany more expected, without the workers' entitlement to severance
\npay.<\/p>\n
Indonesia has got a new manpower law, yet workers, who held
\nmassive rallies ahead of its approval by the legislature on Feb.
\n25, see this as an instrument to further repress them. Meanwhile,
\nemployers say this law will not contribute to a conducive
\natmosphere for business.<\/p>\n
Among the contentious articles of Law 13, signed by President
\nMegawati Soekarnoputri on March 27, is that which allows more
\nleeway for the hiring of irregular workers, or outsourcing,
\nwithout an employer to do outsourcing. This article fails to give
\ndetails of the types and categories of jobs. Likewise,
\napprenticeship is recognized but leans more toward exploitation.<\/p>\n
In articles on layoffs, Article 151 says that employers,
\nworkers and the government must make every effort against
\ndismissals. Yet nine articles give more freedom to employees to
\ndismiss workers compared to earlier laws.<\/p>\n
Further, menstruation leaves and maternity leaves are not
\nstipulated as mandatory on the part of the employers as in the
\nprevious laws. This indicates less protection of employees'
\nhealth and recognition of their rights. Also, the law does not
\nrequire companies to support reproductive health services, such
\nas nurseries and restrooms for breastfeeding mothers.<\/p>\n
This despite campaigns by the ILO on occupational health and
\nsafety with the theme "promoting a safety and health culture in a
\nglobalized world."<\/p>\n
In Southeast Asia, Indonesia is the worst in terms of
\noccupational health. According to ILO data, in the first half of
\n2002, there were at least 57,000 occupational accidents.<\/p>\n
This means that every day there were some 300 occupational
\naccidents. Excluded in this figure is violence at work and
\noccupational accidents befalling our migrant workers. We still
\nhave much to do when it comes to our workers' well being.<\/p>",
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