Maids remain unprotected by law
Maids remain unprotected by law
Abdul Khalik, The Jakarta Post, Jakarta
Enough is enough for Astri, 35, who decided to run away from her
latest employer's house in Kelapa Gading in East Jakarta, after
three months working as a live-in maid.
"I don't know why the wife and my employer's mother were angry
with me. It seemed that nothing that I've done was right. During
the first few days they said harsh words and yelled at me, but
after a week, they began to slap me," she said.
Astrid who comes from a hamlet in Jombang, East Java, didn't
know what to do or whom to talk to about the violence.
"I thought that it was natural for a respected and wealthy
family to treat their employees like they treated me. I felt so
unlucky to get such a highly strung employer," she said, while
her three new friends who just arrived a day before from
Lamongan, also in East Java, tried to cheer her up.
They were sitting on their shared mattress in a three-meter-
square room at one of the so many employment agencies for maids
on Jl. Suprapto, Central Jakarta, where Astri has been staying
for the past month waiting for a new employer.
"I need to earn a livelihood for my three children and mother
since my husband left last year. I hope I get a nice and wise
employer like I had before the last one, with whom I worked for
over 10 years," Astri said.
As a domestic worker, the maid's welfare heavily depends on
the employer's generosity and therefore is prone to mistreatment
despite the existence of Bylaw No. 6/1993 on the supervision and
welfare of maids and Law No. 23/2004 on eradication of domestic
violence.
"Our experience shows the officials who are supposed to
enforce the laws often don't realize they exist, let alone the
maids and the employers. I think the government should quickly
educate maids on the law so they don't have to rely on their
employer's pity," Trade Union Rights Center director Lucky
Rossintha remarked.
Article 6 of Bylaw No. 6/1993 requires a working contract
between a maid and the employer that details the rights and
duties of both parties.
The form of the contract is stipulated in Gubernatorial Decree
No. 1099/1994.
The Gubernatorial Decree sets a minimum wage for a maid at Rp
600,000 (US$66.67).
Under Law No. 23/2004, the perpetrators of domestic violence
can be sentenced up to 20 years in jail or fined up to Rp 500
million for assault causing serious injuries, mental disorders,
or death.
Lucky said the majority of more than 1 million maids and their
respective employers in Jakarta don't know of their legal rights.
Salamun, a staff member of an agency for maids, said an
employer is only required to sign a contract and hand a copy of
his/her ID card to the agency, plus a Rp 350,000 fee.
"The amount of the salary is negotiated between the maid and
the employer. Usually it is between Rp 250,000 to 500,000,
depending on the experience and skills of the maid," he said.
Data from the National Statistics Office (BPS) shows that up
until November this year, the average monthly salary of a
domestic worker nationwide, including maids, is Rp 146,851, far
lower than the regional minimum wage in Jakarta, which is about
Rp 720,000.
A young couple who were about to go home from the agency
office with their new maid could not hide their surprise upon
finding that they would have to make a contract with the maid
according to the bylaw.
"What? Why should we sign a contract with her? In employing
her we had good intentions. I think a salary of Rp 300,000 per
month is enough as she will be living with us and all her meals
will be provided. She doesn't have to spend her salary at all!
All in all, I think we will be paying about Rp 800,000 a month,
including her daily necessities," the wife said.