Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre la edad mínima, 1973 (núm. 138) - Indonesia (Ratificación : 1999)

The Committee notes the Government’s first and second reports. The Committee also notes the adoption of Act No. 13 of 2003 concerning manpower dated 25 February 2003. It notes with interest that Indonesia ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 28 March 2000. The Committee requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee notes that section 1(3) of the Manpower Act states that a worker/labourer is every person who works for a wage or other form of remuneration. Section 3(4) of the Manpower Act provides that an employer shall refer to individuals, entrepreneurs, legal entities or other bodies that employ manpower by paying them wages or other forms of remuneration. The Committee also notes that section 50 of the Manpower Act stipulates that an employment relation exists because of the existence of a work agreement between the entrepreneur and the worker/labourer. It would appear that the Manpower Act excludes from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee recalls that the Convention also includes work performed by children and young persons employed without a fixed wage employment relationship, such as self-employment. The Committee further notes that section 75(1) of the Manpower Act stipulates that the Government is under an obligation to make efforts to overcome problems concerning or associated with children who work outside an employment relationship. Section 75(2) provides that the efforts referred to under subsection (1) shall be determined and specified with a government regulation. The Committee requests the Government to indicate if a government regulation has been issued under section 75(2) of the Manpower Act to ensure the application of the minimum age of 15 years to all types of work outside an employment relationship, such as self-employment, and, if so, to supply a copy of it.

2. Minimum age for admission to employment or work. The Committee notes that section 68 of the Manpower Act provides that entrepreneurs are not allowed to employ children (under 18 years old). The Committee requests the Government to indicate if there is any authorized employment of children aged 15 to 18 years in practice, other than in light work.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes with interest that section 74(1) of the Manpower Act provides that everybody shall be prohibited from employing and involving children in the worst forms of child labour, and that subsection (2) stipulates that the worst forms of child labour as referred to under subsection (1) include: (d) all kinds of jobs harmful to the health, safety and morals of the child. Subsection (3) of section 74 of the Manpower Act provides that the types of jobs that damage the health, safety or morals of the child, as referred to under paragraph (d) of subsection (2), shall be determined and specified with a ministerial decision. The Committee notes the information provided by the Government in its first report, according to which under the draft regulation concerning minimum age for admission to employment and protection for working children and youth, it will be prohibited to employ children in certain areas, for example fishing platforms, mines, metal works, plantations, forestry, logging and agriculture, the textile industry, adult entertainment areas, explosive material industry, etc.

The Committee requests the Government to indicate if the draft regulation concerning minimum age for admission to employment and protection for working children and youth has been adopted, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to provide a copy of the regulation and to indicate whether the organizations of employers and workers concerned were previously consulted for the determination of such hazardous work.

Article 6. 1. The Committee notes that section 70(1) of the Manpower Act stipulates that children may be allowed to do a job or a piece of work at a workplace as part of their school’s education curriculum or training which has been made legal by the authorities. Subsection (2) states that the children, as referred to under subsection (1), shall not be younger than 14 years of age. The Committee requests the Government to provide information on the application in practice of this provision.

2. The Committee also notes the Government’s statement in its first report that article 4 of the draft government regulation on the protection of working children provides that children aged 13 to 15 years old may take a job as part of the curriculum of their education or training. The Committee recalls that Article 6 of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as part of training programmes approved by the competent authority. The Committee requests the Government to indicate the measures taken to ensure this draft Government Regulation complies with the requirement of Article 6 of the Convention. It also requests the Government to provide a copy of this draft Government Regulation once it has been adopted.

Article 7, paragraph 3. Determination of the types of light work. The Committee notes that section 69(1) of the Manpower Act allows the employment of children aged between 13 and 15 years old for light work as long as the job does not stunt or disrupt their physical, mental and social development, in accordance with Article 7, paragraph 1, of the Convention. The Committee further notes that section 69(2) of the Manpower Act provides that entrepreneurs who employ children for light work as referred to under subsection (1) must meet the following requirements: (c) the entrepreneurs must not require the children to work longer than three hours a day; (d) the entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; and (e) in employing the children, the entrepreneurs shall meet occupational safety and health requirements. The Committee recalls that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted under paragraphs 1 and 2 of this Article. The Committee requests the Government to indicate the measures taken or envisaged so that national legislation determines the light work activities which may be undertaken by children of 13 to 15 years of age.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its report to the effect that section 71(1) of the Manpower Act provides that children may work or have a job in terms of developing their talents and interests. The Committee notes that under subsection (2) of section 71 of the Manpower Act, entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements: (a) that the children are put under direct supervision of their parents or guardians; (b) that the children are not required to work longer than three hours a day; and (c) that the working conditions and environment where the children work do not disrupt their physical, mental and social development, as well as their education and attendance at school. The Committee also notes that subsection (3) of section 71 of the Manpower Act provides that provisions concerning children who work to develop their talents and interests, as referred to under subsection (1) and subsection (2), shall be regulated with a ministerial decision. The Committee requests the Government to indicate if such a ministerial decision has been issued, and if so, to supply a copy of it.

The Committee also draws the Government’s attention to Article 8 of the Convention which lays down that after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee observes that section 71 of the Manpower Act does not prescribe a minimum age for artistic performances by children. The Committee recalls that the specified minimum age for admission to employment or work in Indonesia is 15 years. The Committee therefore requests the Government to indicate the measures envisaged or taken to ensure that approval for young persons of below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned. It also requests the Government to provide information on the practical application of section 71 of the Manpower Act.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, under section 54(1)(b) of the Manpower Act, a written work agreement shall at least include the name, sex, age and address of the worker/labourer. Section 54(3) states that a work agreement as referred to under subsection (1) shall be made in two equally binding copies, one copy of which shall be kept by the entrepreneur and the other by the worker/labourer. However, the Committee notes there is no provision in the Manpower Act and in the available legislation that prescribes that a register shall be kept and made available by the employer. The Committee recalls that under Article 9, paragraph 3, of the Convention, national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or who work for him/her and who are less than 18 years of age. It requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

Part V of the report form. The Committee notes that based on the 1999 SAKERNAS (the National Labour Force Survey), out of 34.1 million children aged 10-17, around 5.6 million were in the labour force. According to this survey, the labour force participation rate among children in 1999 was higher in rural than in urban Indonesia, respectively 9.6 and 3.2 per cent of the 10-14 age group. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation in conformity with the Convention.