Advancing social justice, promoting decent work
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Lack of OSH protection for domestic workers (2)
The occupational health and safety (OSH) for domestic workers is actually regulated in the Law on Protection of Domestic Workers. Unfortunately, the draft legislation has been stalled for 10 years under the desk of the House of Representatives. Whether they like it or not, domestic workers must be in battle to deal with dangers of their household works.
“Yeah, it’s similar to others -- ironing, cleaning up the bathroom, spraying water into the balcony. (Do you think you do something dangerous?) No, not really. When tidying up, I keep using the floor cleanser. (Do you wear gloves?) No.”
“All things I do are cleaning up, taking care of children, cooking. (Do you feel something dangerous while you work there?) No, nothing. (Santi: Do you think chemical substances are not dangerous for you?) (Agustina: Laughing) Yeah… after I touch them, I use soap to wash my hands.”
Ida Farida and Agustina are both domestic workers.
ILO estimated that in 2009, there are about three to four million of domestic workers in Indonesia. Meanwhile, for the same year, JALA PRT put the figure at about 10 million.
There has been no valid and official data on the number of domestic workers in Indonesia. The job is categorized into the informal sector that makes it difficult to record.
Problems appear when domestic workers do not join into trade unions, while from there, they can get knowledge about the occupational safetyy and health (OSH).
JALA PRT recorded that that from January to August this year, five accidents related to domestic workers occurred, ranging from being bitten by their employers’ pets to fires.
They were the recorded accidents. JALA PRT, however, expressed belief that many similar incidents occur every day. The victims, however, may be reluctant to file reports. Jala PRT Coordinator Lita Anggraeni.
“Because we provide advocacy, we can get such information. But, how about millions of other domestic workers who don’t get advocacy and suffer from health problems because of their works or accidents at workplace that may affect their bodies’ functions? They are not revealed. It’s similar to violence faced by our domestic worker friends. It is usually only known after their condition is getting worse or when they receive advocacy.”
As long as a working contract is made, responsibilities for such an accident at workplace can be put on the employer’s shoulder. Unfortunately, the lack of the state’s recognition to the profession of domestic workers causes the rights of domestic workers neglected.
From the data of JALA PRT, only about two percent or 200,000 of the total 10 million of domestic workers have working contracts across Indonesia.
Unfortunately, the domestic workers have not had any regulations that protect their work safety. The Law on Protection of Domestic Workers, which was proposed 12 years ago, has not even been included into the National Legislative Program.
Meanwhile, the Manpower Ministerial Regulation No. 2/ 2015 on Protection of Domestic Workers is not enough to protect domestic workers.
Muji Handaya, Director General for Labour Inspection of the Ministry of Manpower, said that to reduce the number of accidents at workplace among domestic workers, his ministry is training a number of experts to be OSH trainers for domestic workers in every province.
“Frankly speaking, domestic workers are parts of domestic domain. Our personnel will not be able to monitor all. Therefore, we call on local governments’ cooperation. We also plan to hold an OSH training. We are now preparing the tutors. In the future, each province will ideally have a tutor for domestic workers. It is targeted that it will work next year.”
Like it or not, while waiting for the program to be materialized, if there is an accident at workplace, the domestic worker must be responsible for herself. Jala PRT Coordinator Lita Anggraeni.
“It should be the government’s responsibilities to make a capacity building program to raise awareness and provide K3 advocacy. But they doubt it because our community doesn’t think that it is important. So, it should be stressed that the law for domestic workers is a must because OSH will be included into the law.”
Lita also said that OSH in the working contract will also benefit the employer.
“Domestic workers who understand OSH will also work more effectively. They will understand that messy electricity cables will be dangerous, so they will tidy them up. They will be more responsive, for example when they see puddle that can be a medium to spread disease.”
Therefore, Lita urged the government to include the Draft Law on Protection of Domestic Workers into the National Legislative Program, because it stipulates OSH for domestic workers.
“If the government is responsible, they should hold like what South Africa does, holding a training every two years in cooperation with the Ministry of Manpower and Women Affairs, so domestic workers can get updated information about household tools, house condition, food, work skills… The work training is held every two years and free of charge. That’s why, for us, our death and life depend on the Law on Protection of Domestic Workers, because this is what can be mandated.”
For domestic workers like Sunarti, what is important to be fought for is not only about decent salary, but also health protection and work safety.
“We don’t demand a big salary. We only need a place to complain when for example, like our friend experienced, our rights are not met. We actually need a legal umbrella to protect us. We also demand the government’s recognition that we are not servants, but workers. We have followed the procedures requested by our employers, but when we demand for our rights, why can’t we get it?”
This reporting is the final in-depth radio reporting on the protection of domestic workers from a series of two in-depth reporting by Nurika Manan of KBR Saga and aired on 26 August 2015. The reporting is part of the ILO’s media fellowship programme on domestic workers and child domestic labour, jointly conducted in collaboration with the Alliance of Independent Journalists (AJI) Jakarta and eight selected leading, national mass media.
The media fellowship programme was part of the campaign conducted by the ILO through its Promoting Decent Work for Domestic Workers to End Child Domestic Work (PROMOTE) Project. Funded by the United States Department of Labour (USDOL), PROMOTE Project aims at reducing child domestic workers significantly by building institutional capacities of partners to promote Decent Work for Domestic Workers (DWDW) effectively. The Project works to increase the knowledge, skills and expertise on reducing child domestic workers and promote DWDW.