Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Indonésie (Ratification: 2004)

Autre commentaire sur C081

Observation

Demande directe

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Articles 1, 4, 10,11 and 16 of the Convention. Structure and coordination of the labour inspection system. Frequency of inspection visits. The Committee notes that, in reply to its previous comment, the Government refers to the adoption of a number of circulars and decrees that would serve as guidelines for labour inspectors in the performance of their duties. The Committee also notes the Government’s indication that a strategic plan 2020-2024 was adopted aiming at improving the quality and effectiveness of the labour inspection system, including the strengthening of law enforcement on employment issues. The Committee understands that in the context of the implementation of this strategic plan, the Government is considering developing new inspection methods, including giving an opportunity to companies to assess their own level of compliance with labour laws. The Government also indicates that it has regulated the labour inspection model, including the types of reporting forms, through the Minister of Manpower Regulation No. 1 of 2020 concerning Amendments to the Minister of Manpower Regulation No. 33 of 2016 on Procedures for Labour Inspection. The Committee notes that, as an outcome of a national coordination meeting of labour inspectors it is planning some follow-up activities, such as giving instructions to regional governments to address obstacles faced by inspectors in the regions and the formulation of memoranda and joint decrees to strengthen the cooperation with other Government agencies such as the police, the immigration department, the army and state intelligence. The Committee notes that the Ministry of Manpower is also developing an information system to improve the reporting and coordination mechanisms in law enforcement. The Committee requests the Government to provide details on the obstacles identified by labour inspectors in the regions at the national coordination meeting, and to indicate the concrete measures adopted as a follow up. It also requests the Government to provide information on (i) the labour inspection model regulated through the Minister of Manpower Regulation No. 1 of 2020 and (ii) on the new information system, particularly with regard to the impact of these tools in assisting labour inspectors in carrying out their functions uniformly across the country and improving data collection at the central and provincial level. Finally, the Committee requests the Government to provide details on the implementation of the strategic plan for the improvement of the quality and effectiveness of the labour inspection system, in particular with regard to the development of self-assessment tools and how application of these tools is monitored, and their effectiveness assessed, by the labour inspection system.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Government indicates that the Labour Inspection Committee is comprised of 19 representatives of government, employers’ and workers’ organizations, as well as other stakeholders. The Government further indicates that the Committee is tasked with monitoring the implementation of regulations on various matters, such as outsourcing, minimum wages, industrial relations, working conditions, occupational safety and health, and social security. In 2020, the Labour Inspection Committee met six times and meetings resulted in recommendations that include the acceleration of the labour inspection reform. In 2021, the Labour Inspection Committee decided to promote employers’ and workers’ participation in the compliance community and to improve the cooperation between the labour inspectorate, occupational safety and health experts and social security institutions. The Committee requests the Government to provide details on the follow up given to the recommendations of the Labour Inspection Committee. It also requests the Government to continue to provide information on the composition, frequency of the meetings and deliberations of this Committee.

Article 6. Conditions of service of labour inspectors. The Government indicates that the Minister of State Apparatus Utilization and Bureaucratic Reform Regulation No. 30 of 2020 provides that the position of labour inspector is functional and requires employment status. The Government indicates that in carrying out their functions, labour inspectors must meet technical, managerial and socio-cultural competencies, in accordance with the Minister of State Apparatus Utilization and Bureaucratic Reform Regulation No. 91 of 2020 concerning Competency Standards for Functional Positions of Labour Inspectors. The Government also indicates that there is a competency test when an official is promoted to a higher position, as stated in Minister of Manpower and Transmigration Decree No. 43 of 2021. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police. In addition, the Committee requests the Government to provide information on the career structure of the labour inspectorate, including levels and positions as well as the number of appointments made at each position.

Article 7. Recruitment and training of labour inspectors. The Committee notes that in reply to its previous request,the Government provides information on a series of training activities delivered on various topics at the national level and on the number of participants. The Committee notes that the Association of Labour Inspectors (APKI) was created as a forum to increase the capacity and professionalism of labour inspectors, share experiences and best practices, and implement the code of ethics and professional code of conduct for labour inspectors. The Committee requests the Government to continue to provide detailed information on the training offered to labour inspectors in the country, including their frequency, attendance, and impact, and the proportion of the total number of labour inspectors receiving training each year. It also requests the Government to provide information on the training delivered to labour inspectors in the provinces. Moreover, the Committee requests the Government to provide information on the activities of the Association of Labour Inspectors.

Articles 19, 20 and 21. Periodic and annual reports on the work of the labour inspection services. The Government indicates that in an effort to improve reporting, a national-level labour reporting system (Siswasnaker) was created and integrated with other systems. The Government also indicates that a review of the labour inspection reporting system is being carried out. The Committee notes that the Government report includes statistics, with break downs for each province, on the number of labour inspectors, inspection visits, violations detected, workplaces liable to inspection and the number of workers employed therein, and occupational accidents and diseases. The committee notes that the Government does not provide information on penalties imposed in cases where violations were detected. The Committee requests the Government to pursue its effort to ensure that the statistics provided are published in an annual labour inspection report in accordance with Article 20 and that such report contain information on all subjects listed in Article 21.