Garment: Youth and Minor

CHILD LABOR IN THE GARMENT SECTOR

Ideally children are not allowed to work, children are not responsible for the family needs and economy. However, their circumstances and background sometimes force them to work and enter the category of child labor. To protect child labor, they have special protection inseparable from the role of the parents, family and adults/environment around them.

MINIMUM AGE FOR EMPLOYMENT IN THE GARMENT SECTOR

1. What is child labor?
2. What is the minimum age for employment in the garment sector?
3. Can a child aged 15 be employed in the garment sector?
4. Can a child aged 15 be employed in the garment sector?
5. Are the companies required to pay child labor?

HAZARDOUS WORK FOR CHILDREN 

1. What classifies as type of work hazardous for children?

PROTECTION FOR CHILD LABOR

1. What are the laws and regulations governing the protection for child labor?
2. What are the laws and regulations governing the protection for child labor?
3. What kinds of efforts are made for eradicating child labor in Indonesia?

MINIMUM AGE FOR EMPLOYMENT IN THE GARMENT SECTOR

WHAT IS CHILD LABOR?

Child labor is any worker aged below 18 (eighteen). 

WHAT IS THE MINIMUM AGE FOR EMPLOYMENT IN THE GARMENT SECTOR?

In principle, the Manpower Law No. 13 of 2003 (Law No. 13/2003) prohibits the employer from employing children (article 68 of Law No. 13/2003). However, there is an exception, i.e. for children aged 13 (thirteen) up to 15 (fifteen) for carrying out light work insofar as it does not disrupt the physical, mental, and social development and health (article 69 paragraph (1) of Law No. 13/2003). Furthermore, the Law establishes a number of requirements if they want to employ children.

CAN A CHILD AGED 15 BE EMPLOYED IN THE GARMENT SECTOR?

As explained above, the minimum age of child labor excluded is 13. However, please observe the rule that children may ONLY be employed for carrying out light work insofar as it does not disrupt the physical, mental, and social development and health. In the garment sector, heavy work prohibited for children are, for example, the work of operating dangerous machinery or equipment (including cutting machine, sewing machine, knitting machine or spinning machine, boiler or transportation equipment), or lifting heavy load.

For such light work, the employer should comply with the following requirements (Article 69 paragraph (2) of the Law No. 13/2003):

1. The existence of written permission from the parents or guardian.
2. The existence of employment agreement between the employer and the parents or guardian.
3. The maximum working time shall be 3 (three) hours.
4. Carried out during the day and does not disturb the school time.
5. Guaranteeing the child’s occupational safety and health.
6. The existence of clear employment relationship, and
7. Receiving pay in accordance with the applicable provisions.

ARE THE COMPANIES REQUIRED TO PAY CHILD LABOR?

Yes. The laws and regulations assert a child’s right to receive pay in accordance with the applicable provisions. Concerning remuneration of child labor, the company should set up the structure and scale of pay  with due regard to the class, position, service period, education, and child competence. This is important to create a fair working environment, in view of the working hours, duties, and responsibilities of child labor different from adult workers. The amount of pay for child labor shall be below adult workers.

HAZARDOUS WORK FOR CHILDREN

WHAT CLASSIFIES AS TYPE OF WORK HAZARDOUS FOR CHILDREN?

Concerning the type of work hazardous for children, there are worst categories of work type as set forth in article 74 paragraph (2) of Law No. 13/2003, including:

1. Any work in the form of slavery or anything similar thereto.
2. Any work that exploits, provides, or offers children for prostitution, pornography production, porn show, or gambling.
3. Any work that exploits, provides, or involves children for the production and trade of liquor, narcotics, psychotropics, and other addictive substances, and/or 
4. Any work that endangers the health, safety, or morality of children.

Furthermore, referred to as work endangering the health, safety or morality of children is set forth in the regulation derived from the Law No. 13/2003, i.e. Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia No. KEP-235/MEN/2003 of 2003 concerning Types of Work Endangering the Health, Safety or Morality of Children, namely:

1. Any work related to engine, aircraft, plant, and other equipment.

2. Any work performed in a hazardous working environment (physical hazard, biological hazard, chemical hazard).

3. Any work containing particular hazardous nature and condition:

a. Any building, bridge, irrigation or road construction work;

b. Any work performed at the wood processing company, such as logging, hauling and loading unloading;

c. Any work of manual lifting and hauling of load beyond 12 kg for male children and 10 kg for female children;

d. Any work in a locked workplace building;

e. Any fish catching work performed offshore or in deep sea water;

f. Any work performed in isolated and remote areas;

g. Any work on the ship;

h. Any work performed in disposing and processing garbage or recycling of used goods;

i. Any work performed between 18.00 - 06.00.

4. Any Type of Work Endangering the Morality of Children

Any work at the bar, discotheque, karaoke, billiard, cinema, massage parlor or any site that may function as a prostitution venue;

Any work as a model for promoting liquor, sexual stimulant and/or cigarette.

PROTECTION FOR CHILD LABOR

WHAT ARE THE LAWS AND REGULATIONS GOVERNING THE PROTECTION FOR CHILD LABOR?

The Indonesian government is committed to handle child labor, particularly in the form of worst work for children. The commitment is declared in the ratification of ILO Convention No. 138 concerning the Minimum Age for Admission to Employment through the Law No. 20 of 1999 and the ILO Convention No. 182 concerning Prohibition and Immediate Action for the Elimination of Worst Forms of Child Labor through the Law No. 1 of 2000. 

In strengthening the National commitment, the Indonesian Government adopted the second substance of the ILO Convention concerning Child Labor and EWFCL, in the Law No. 13 of 2003 concerning Manpower and the Law No. 35 of 2014 concerning Child Protection.

To implement this commitment, the Indonesian government also established the National Action Committee for the Elimination of Worst Forms of Child Labor (NAC-EWFCL) through the Presidential Decree No. 12 of 2001 having mandate as the leading sector and the implementation of National Action Plan for the Elimination of Worst Forms of Child Labor (NAP-EWFCL) set forth in the Presidential Decree No. 59 of 2002.

WHAT KINDS OF EFFORTS ARE MADE FOR ERADICATING CHILD LABOR IN INDONESIA?

In the Indonesian context, child labor is a national issue that requires immediate and continuous action. The action to actualize the Indonesian commitment free of child labor is part of the agenda to implement “Global Roadmap for Achieving the Elimination of Worst Forms of Child Labor” and to perform the NAP-EWFCL. Thereby, it is important for the government, business organization, labor union, non-governmental organization, and the private sector, either central or regional, to work unilaterally and continuously so that the Indonesian dream of being child labor free may be actualized.