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

Minimum Age Convention, 1973 (No. 138) - Indonesia (Ratification: 1999)

The Committee notes the Government’s report. It also notes the communication of the International Trade Union Confederation (ITUC) dated 6 September 2005. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application.
1. Self‑employment. The Committee had previously noted the ITUC’s indication that child labour was widespread in Indonesia and that most child labour took place in informal unregulated activities, such as street vending, agricultural and domestic sectors. The Committee had also noted that Act No. 13 of 2003 (Manpower Act) appears to exclude from its application children who are engaged in self-employment or in employment without a clear wage relationship. It had further noted that the Government was in process of formulating a regulation concerning children working in the informal sector, in conformity with section 75 of the Manpower Act. The Committee notes the Government’s statement that at the moment it is still coordinating with stakeholders concerning an arrangement for children working outside an employment relationship. The Committee requests the Government to provide information on any progress made towards the adoption of a regulation concerning children working outside an employment relationship.

2. Domestic work. The Committee notes the ITUC’s allegation in its communication of 6 September 2005 that girls as young as 12 years routinely work 14–18 hours a day, seven days a week, without a day off. Moreover, according to the ITUC, many child domestic workers are promised decent wages, good working conditions and the opportunity to attend school, but these promises have rarely materialized. Very few are able to attend formal school, and most receive wages far below the minimum wage in the formal sector. Some receive no wages at all. The Committee notes the ITUC’s information that, although Indonesia ratified the Minimum Age Convention, 1973 (No. 138), and national law sets the minimum age for employment at 15 years, girls were found typically entering domestic work between the age of 12 and 15 and some begin work even earlier. The ITUC adds that it would appear that the Government had failed to take meaningful action to protect domestic workers – who number at minimum 688,000 children – from exploitation and abuse. National labour laws exclude domestic workers from the minimum protections afforded to workers in the formal sector, such as the minimum wage, hours of work, rest, holidays, employment contract and social security. Laws enacted to protect children from labour exploitation do not address child domestic labour.

The Committee notes the Government’s information submitted in its report under Convention No. 182 that it is in the process of regulating domestic work, including protecting child domestic workers. The Committee expresses its deep concern at the situation of children under the age of 15 who work as domestic workers. It strongly encourages the Government to redouble its efforts to improve the situation and to ensure that children under 15 do not perform domestic work. It requests the Government to take all the necessary measures to ensure that the above regulation is adopted as soon as possible so that child domestic workers benefit from the protection laid down in the Convention.

The Committee is also addressing a direct request to the Government concerning other points.