I. IMPLEMENTATION OF RECOMMENDATION FOR THE 3 rd and 4 th AFML 1 - - PDF document

10/10/2012 1 THE RECRUITMENT PROCEDURES OF INDONESIAN WORKERS AND THE SETTLEMENT CASES MECHANISMS

DIRECTORATE GENERAL OF DEVELEPOMENT PLACEMENT OF MANPOWER MINISTRY OF MANPOWER AND TRANSMIGRATION THE REPUBLIC OF INDONESIA

THE 5th ASEAN FORUM ON MIGRANT LABOUR

Siem Reap, Cambodia, 9-10 October 2012

I. IMPLEMENTATION OF RECOMMENDATION FOR THE 3rd and 4th AFML

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Follow Up 3rd AFML

• Socialize the protection and placement mechanisms of migrant workers and

ensure that migrant workers candidates completely get information and knowledge to work abroad. In addition, migrant workers have to prepare themselves before they start to work in the Receiving Countries.

• Conduct the socializations through seminars, leaflets/brochures, direct

meeting with the societies. Follow Up 3rd and 4th AFML

• 1. Provide the on-line system about labor market information, conduct job fair.

Thus job seeker/candidates of migrant workers can access easily that available information. Moreover, MoMT use some methods to deliver the information, as follows:

• Pre Departure Orientation Program.

It is conducted by NBPPIOW and Provincial Offices. NBPPIOW is responsible to carry out the policies made by MoMT. This program is designed as one of the requirements for migrant workers candidate who want to work abroad.

• Socialize the information through public service ads (TV, radio,

newspaper in the national level) and deploy the information by using leaflets/brochures.

• Moreover, there is a program of information deployment for migrant

workers community also dissemination information for migrant workers community, even before they decided to work abroad. Usually, it is conducted by taking the coordination with local schools in the origin districts of migrant workers.

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• 2. Establish Crisis Center

Everybody especially migrant workers and their family members can access this facility for 24 hours/7days a week. All Migrant workers can access this facility and report their problem they face either in Indonesia or abroad through this free number 08001000 +6221 29244800 or SMS 7266, or halotki@bnp2tki.go.id. All reports will be verified and if it is valid, those will be followed up by MoMT, Police Department, and NBPPIOW.

• 3. Conduct the regularly coordination meeting and assign the Indonesian

Labor Attaches in the Destination Countries: Kingdom of Saudi Arabia, Qatar, UEA, Jordania, Kuwait, Syria, Singapore, Malaysia, South Korea, Japan, Taiwan.

• 4. Labor Attaches and consulate staffs invited are them who placed in the

destination countries such as Kingdom of Saudi Arabia, Qatar, UEA, Yordania, Kwait, Suriah, Singapore, Malaysia, South Korea, Japan, Taiwan, Hongkong.

• 5. MoMT collaborated with ILO Jakarta to commemorate Migrant Workers

International Day which enhance the people’s awareness on Indonesian migrant workers. The Minister also usually attend the memorial and give speech about the commitment to give better services and protections.

• 6. At the national level, together with Head of NBPPIOW, Minister of MoMT also
• pen the photo exhibition about life and journey of Indonesian migrant

workers work in Singapore. The exhibition helps the societies to understand the situation of Indonesian migrant workers and give the perspective about migrant workers.

• 7. Pre-Departure Orientation (PDO)

PDO refers to the programs designed for migrant workers candidates who work abroad. These are the government’s programs that conducted by NBPPIOW and Provincial Offices related with the employment issues. PDO’s materials involve the migrant workers’ regulations, immigration’s laws and workers, working contracts, and other information about destination countries.

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• 8. “Welcoming Program” refers to the programs are developed by General

Consulate of the Republic of Indonesia in Hong Kong and Indonesia’s Economic Chamber in Taiwan. Indonesian migrant workers who arrive in Hong Kong or Taiwan will attend the interaction session with other new comers and they will get the information related with the situations in Hong Kong and Taiwan. This event is held by General Consulate of the Republic

• f Indonesia in Hong Kong and Indonesia’s Economic Chamber in Taiwan.
• 8. Another program is invite the Private Worker Placement Agencies to attend

the briefing session related with migrant workers. Briefing session will be conducted in Jakarta, Surabaya, Makassar, and Medan and will invite the Private Workers Placement Agencies.

• 8. The entrepreneurship training in the aspects of technical and business is

given to the Indonesian migrant workers to conduct the specific business, companion program, and small loans program. 11.Have the active roles in ASEAN to make strong standards to protect and to services better for migrant workers. Indonesia always refers to international standard to develop regional standard migrant worker. 12.Interlace bilateral cooperation in Memorandum of Understanding with some Destination Countries as follows: Taiwan, Malaysia, South Korea, Japan, UEA, Kuwait, Jordania, Australia, Qatar and Turkey. 13.Establish the citizen services in Indonesia Missions (Embassy and Consular) in the Destination Countries. 14.“Exit Program" in Hongkong and Taiwan, we have the program called the substances program such as remittances and entrepreneurships. Notes: Besides AFML, MoMT also take a active role in many regional and multilateral forums such as Colombo Process, GFMD, Abu Dhabi Dialog, Bali Process. All the forums agree with recommendations. So that, not all the AFML’s recommendations can be implemented simultaneously. Besides that, MoMT also have featured programs related with placement and protection migrant workers.

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• II. INDONESIAN GOVERNMENT’S POLICIES

ON THE PLACEMENT OF INDONESIAN OVERSEAS WORKERS

BASIC LAW

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• 1. Acts of RI No. 39 Year 2004 on Placement and Protection Indonesia

Workers Abroad.

• 2. Acts of RI No. 21 Years 2007 on Prevention Criminal Offense Trafficking.
• 3. Acts of RI No. 25 Years 2009 on Public Services.
• 4. Presidential Decree No. 81 Years 2006 on Establishment of NBPPIOW
• 5. Government Regulations PP No. 38 Years 2007 on Distribution of

Government Business Among Government, Region Government and Local Government.

• 6. Minister Regulation No. PER.07/MEN/V/2010 on Insurance Indonesian

Overseas Workers.

• 7. Minister

Regulation No. PER.14/MEN/X/2010

• n

Implementation Placement and Protection Indonesia Overseas Worker Abroad.

10/10/2012 6 THE PLACEMENT IMPLEMENTATION OF INDONESIAN OVERSEAS WORKERS

EXECUTIVE PLACEMENT

1. GOVERNMENT 2. PRIVATE WORKER PLACEMENT AGENCIES 3. COMPANIES WHICH PLACE INDONESIAN WORKERS FOR COMPANYS CONCERNS. 4. INDONESIAN OVERSEAS WORKERS INDIVIDUALLY WORKING ABROAD INDIVIDUALLY.

PROBLEMS ON RECRUITMENT OF INDONESIAN WORKERS

• 1. Most of Indonesian overseas workers come from desolate regions,

so the candidate of migrant workers difficulty get valid information.

• 2. The domination of panders’ in the arrangement of Indonesian

workers’ documents.

• 3. The roles of local governments have not already maximum in

conducting their functions and duties.

• 4. The education level of Indonesian workers are still low (50% of labor

force in Indonesia graduated Primary Scholl below).

• 5. The amount of labor Inspectors and introductory works in Provinces

and Regencies/Cities are still limited.

• 6. Procedures for granting credit to Indonesian workers are still

convoluted

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.

PLACEMENT MECHANISM OF INDONSIAN WORKERS ABROAD ACCORDING TO ACT OF RI No. 39 YEAR 2004

LABOR ATTACHE/COUNSULER INDONESIA MISSION Act RI 39/2004 Par 32 Copy to Province Official

• Placement Coorporation

Agreement

• Job Order/Wakalah/Demand

Letter

• Draft Working Agreement

MINISTER Act RI 39/2004 Par 32

• Permission Letter Deployment

Province Labor Official

Minister Regulation 14/2010 Par 4

• Recruitmeent Letter

REGENCY/CITY LABOR OFFIICIAL Act RI 39/2004 Par 36 Job Seeker Registrations Regency/City Offiicial ‐ Private Executive Placement Act RI 39/2004 Par 34 & Minister Regulation 14/2010

• Counselling & Guidance Office
• Registration Candidate/Recruitment (ID Card/Birth Act

(Ministry of Interior), (Diploma: Ministry o Education) (Husband/wife/Parents/guardian permitt: village

• fficial , Sertificate Competence: BNSP), (Bill of health:

Ministry of Health)

• Selection
• Nomination List
• Pre Insurance
• Endorsement Placement Agreement

REGENCY/CITY OFFICIAL Minister Regulation 14/2010 Par 14

• News Event Investigation sent to Private

Executive Placement

• Pasport Recommendation

PRIVATE EXECUTIVE PLACEMANT/ NBPPIOW REGION Minister Regulation 14/2010

• Pre Medical Check Up : Ministry of Health
• Shelter: Province Official
• Pasport : Ministry of Law and Human

Rights

• Training:MoMT
• Competence Test : LSP‐BNSP
• Not‐Income Tax: Ministry of Fund
• Insurance During and Pasca : Insurance

Concorsium NBPPIOW/REGION facilitated PROVINCE OFFICIAL Minister Regulation 14/2010 Par 32

• Pre‐Departure Orientation

LABOR OFFICIAL PROVINCE/REGENCY/CITY Minister Regulation 14/2010 Par 27

• Working Agreement

NBPPIOW/REGION Minister Regulation 14/2010 Par 38

• Worker Abroad Card

PRIVATE EXECUTIVE PLACEMENT, AGENCY ABROAD, INDONESIA MISSION Act RI 39/2004 DEPARTUR URE ABRO ABROAD PRIVATE EXECUTIVE PLACEMENT– RETURNING SERVICE POST Minister Regulation 14/2010 Par 57

• Returning Service

CANDIDATES

WILD SHELTER

FALSE DOCUMENT

BROKER / SINDICATE

GO TO THE DESTINATION COUNTRIES NOT BY USING WORKING VISA

• NOT REGISTERED IN INDONESIA MISSION
• UNAFFORDABLY PROTECTING
• TRAFFICKING VICTIMS

PLA PLACEMEN EMENT INDONESIAN T INDONESIAN O OVERSEAS W ERSEAS WORKERS RKERS ABRO ABROAD NON-PROCEDURALL AD NON-PROCEDURALLY

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• 1. The placement of Indonesian workers abroad has to be

based on Recruitment Agreement, Job Order, Demand Letter are made by employers legalized by Embassy/Consulate General of RI, so the verification of Job Order/ Demand letter, working contract must be tightened by Labor Attaché/Embassy.

• 2. Strengthen the functions of the government in provinces or

regions level in conducting the counseling, registration, selection the candidates

• f

Indonesian workers, and monitoring the recruitments of Indonesian workers in every region in Indonesia.

• 3. Oblige every Private Worker Placement Agencies to get the

permission the MoMT in recruiting the candidates of Indonesian workers.

• 4. Every Private Worker Placement Agencies have to sign

placement agreement with the candidates of Indonesian workers.

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RE-ORGANIZE THE SERVICES OF PLACEMENT AND PROTECTION OF INDONESIAN WORKERS

5. Give the banking facility on People Business Credit with small rate to Indonesia worker candidate. 6. Develop the services of the placement of Indonesian workers by accessing the online system (all stages in placement process Indonesia workers must by online system). 7. Tighten and supervise the training for 200 hours and the certification of professions. 8. Standard for transit place /shelter: tighten standard transitshelter: tightening transit place due with norm and standard by observation area and call Private Executive Placement. 9. Establish Joint Task Force in embarcation in order to prevent send-off of non procedurally Indonesia workers.

• 10. Develop online job fair in official regency/city.

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• III. MECHANISMS OF CASE SETTLEMENT

PROCEDURES CASE SETTLEMENT GENERALLY

Candidate/Indonesian Workers/Family (COMPLAINANT) NBPPIOW/REGION/ PROVINCE/ REGENCY/CITY Verified document Through NBPPIOW Direct/Letter/Fax email:halotki@go.id sms: call ceter (08001000, 02129244800) Document : copy passport, KPA, PP, PK, BAP, power of attorney and ID Card FINISH Private Crime Mediation Litigation (court) NBPPIOW/REGION/ PROVINCE/ REGENCY/CITY Calling

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THANK YOU

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