Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Indonesia (Ratification: 1950)

The Committee notes the information provided by the Government in its report and wishes to draw its attention to the following points.

Article 1, paragraph 1, of the Convention. Equality of treatment. The Committee notes that, following the repeal of Ministerial Regulation No. INS-02/MEN/1995 by Ministerial Decree No. KEP-132/MEN/1998, employers are no longer required to insure expatriates working in Indonesia for Indonesian companies through the social security scheme governed by Act No. 3/1992. In its report, the Government states that this decision was taken on account of the fact that these workers are insured against industrial accidents in their country of origin and are required to present, on their arrival in Indonesia, an original certificate showing that they benefit from the same social security coverage as that guaranteed by Act No. 3/1992 concerning employees’ social security. The Government also states that these expatriate workers nonetheless have the possibility of being covered voluntarily by the Indonesian social security system for workers, governed by the above Act. While taking due note of this information, the Committee recalls that the Convention authorizes coverage by social security schemes of the State of origin only with respect to workers employed temporarily or intermittently where special agreements have been concluded with the countries concerned to this end. Workers employed otherwise than temporarily and intermittently as well as their dependants must, when they originate from countries party to the Convention, necessarily be treated in the same manner as national workers and benefit from compulsory and not voluntary, affiliation to social security. The Committee, therefore, asks the Government to indicate the measures taken or envisaged in order to ensure equality of treatment in case of occupational accidents and to give full effect to the Convention. It would also appreciate receiving copies of the special agreements concluded with countries party to the present Convention providing for the application of the legislation of the State of origin as regards accident compensation.