RI needs comprehensive labor policy

Wahyu Susilo, Executive Secretary, Consortium for Indonesian Migrant Workers Advocacy, wahyusus@hotmail.com, Jakarta

International Labor Day or May Day (May 1) celebrates the contribution of workers around the world. We are usually reminded by their living conditions. Indonesia in particular has faced an accumulation of labor problems ranging from forced repatriation of Indonesia's migrant workers from Malaysia to the relocation abroad of industrial undertakings with foreign investment and its massive layoffs (Sony and Doson cases).

The war in Iraq has affected the sending of migrant workers to the Middle East. The Institute for Development of Economics and Finance estimates that the Middle East situation has led to a decline of some US$1.6 billion in our foreign exchange earnings.

Thousands of would-be migrant workers scheduled to depart for Singapore, Hong Kong and Taiwan have had to postpone their plans owing to fears of the Severe Acute Respiratory Syndrome (SARS). Aside from the threat of being infected by SARS virus, these workers have to receive the stigma of SARS virus carriers. In a number of regions in Central Java, local administrations have subjected all returning migrants to "a mandatory report".

Despite all problems the government has yet to draw up a comprehensive labor policy design. The late response to mass deportation from Malaysia led to crowds of stranded workers from Nunukan. At least 79 workers and their family members died mainly owing to living conditions in the camps. The government's inaction has led to a class action against the government, which is now being heard at the Central Jakarta district court.

Handling of labor cases at home is yet to find an enlightened path. Despite the intervention of and recommendation from the International Labor Organization (ILO), the government can do nothing. Industrial relocation has led to massive dismissals with many more expected, without the workers' entitlement to severance pay.

Indonesia has got a new manpower law, yet workers, who held massive rallies ahead of its approval by the legislature on Feb. 25, see this as an instrument to further repress them. Meanwhile, employers say this law will not contribute to a conducive atmosphere for business.

Among the contentious articles of Law 13, signed by President Megawati Soekarnoputri on March 27, is that which allows more leeway for the hiring of irregular workers, or outsourcing, without an employer to do outsourcing. This article fails to give details of the types and categories of jobs. Likewise, apprenticeship is recognized but leans more toward exploitation.

In articles on layoffs, Article 151 says that employers, workers and the government must make every effort against dismissals. Yet nine articles give more freedom to employees to dismiss workers compared to earlier laws.

Further, menstruation leaves and maternity leaves are not stipulated as mandatory on the part of the employers as in the previous laws. This indicates less protection of employees' health and recognition of their rights. Also, the law does not require companies to support reproductive health services, such as nurseries and restrooms for breastfeeding mothers.

This despite campaigns by the ILO on occupational health and safety with the theme "promoting a safety and health culture in a globalized world."

In Southeast Asia, Indonesia is the worst in terms of occupational health. According to ILO data, in the first half of 2002, there were at least 57,000 occupational accidents.

This means that every day there were some 300 occupational accidents. Excluded in this figure is violence at work and occupational accidents befalling our migrant workers. We still have much to do when it comes to our workers' well being.