Domestic Workers Now Regulated by Law: Employers, Read This

After years on the legislative waiting list, the Domestic Workers Protection Bill (RUU PPRT) has finally been officially enacted into law. This approval marks a new milestone for millions of domestic workers (PRT) who have previously operated in a legal grey area.

The legislation explicitly recognises PRT as workers with rights and obligations in their employment relationship with employers for the first time. Previously, employment relations in the domestic sector were often viewed merely as familial relationships, leaving many aspects of protection unregulated.

The law defines PRT as individuals who work within a household scope and receive wages. The employment relationship between PRT and the employer must be based on an agreement or employment contract, whether direct or through a placement company.

“Domestic Worker is a person who works for the employer to perform paid household work,” states Article 1 of the law.

Regarding recruitment, the regulations set a minimum age of 18 years, mandatory official identification, and a health certificate.

“Requirements for prospective PRT… must be at least 18 years old, have an electronic resident identity card, and a health certificate from a health facility,” states Article 5.

In addition, the scope of work is clarified, ranging from cooking, cleaning the house, washing, childcare, to caring for the elderly or people with disabilities. However, detailed tasks must still be agreed upon in the employment contract to prevent exploitation beyond the agreement.

One crucial point in this law is the regulation of PRT rights. They are now entitled to wages, humane working hours, rest time, and social security.

“PRT are entitled… to work with humane working hours, obtain rest time, receive wages, as well as health and employment social security,” states Article 15.

Additionally, workers are entitled to holiday allowances, decent food, and accommodation for full-time workers.

On the other hand, employers also have clearer obligations, from paying wages on time to providing safe working conditions.

“The Employer is obliged to pay wages and holiday allowances, provide rest time, and provide a safe and healthy working environment.” (Article 19)

PRT placement companies are also subject to strict regulations. They are prohibited from profiting from workers by deducting wages or withholding documents.

“P3RT is prohibited from deducting wages and/or collecting fees… as well as withholding original personal documents.” (Article 28)

In the event of disputes, the law prioritises resolution through deliberation before proceeding to mediation.

“Dispute resolution… is carried out through consensus deliberation.” (Article 31)

If not reached, mediation can be conducted involving neighbourhood associations (RT/RW) or local government, and for certain disputes, the mediator’s decision can be final and binding.

The central and regional governments are also mandated to provide guidance and supervision, including registering PRT and employers in an integrated system.

However, several technical regulations still await derivatives in the form of government regulations and ministerial regulations, which are given a maximum of one year from the enactment of this law.