1.2. Protection of Young Workers

1.2. Protection of Young Workers

1.2.1. Light Work

Children between 13-15 years of age can be employed to perform light work, so long as:

• the job does not disrupt their physical, mental or social development;
• the employer signs a work agreement with the parents or guardians and obtains their written permission;
  they do not work longer than 3 hours per day;
• they only work during the daytime, without disruption to their schooling; and
• the employer ensures that occupational safety and health requirements are complied with.

Good Practice: Employers can verify a worker’s age by requesting a copy of their National Identity Card, Birth Certificate and School Certificates, and comparing them with the original documents.

LEGAL REFERENCE:
MANPOWER ACT NO. 13 OF 2003, ARTS. 52(1)(B), 69, 74 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 52(1)(B), 69, 74]
MOMT DECREE NO. KEP.235/MEN/2003, ARTS. 2, 3 AND ATTACHMENT KEPUTUSAN KEMENAKERTRANS NO. KEP.235/MEN/2003, PASAL 2, 3 DAN LAMPIRAN

1.2.2. Training Programmes

Children age 14 or older can work as part of their school’s education curriculum or a government-approved training programme. They must be given clear instructions, as well as guidance and supervision on how to do the job. Employers must comply with occupational safety and health requirements. Nonetheless, the minimum age of apprenticeship in Indonesia is 18.

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ART. 70 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 70]
MOMT REGULATION NO. PER.22/MEN/IX/2009, ART. 5 [Permenakertrans No. 22_MEN_IX_ 2009 tentang Magang]

1.2.3. Hazardous Work

Children under 18 years of age are prohibited from performing work that endangers their health, safety or morals. They may not undertake hazardous work. Much of the work performed in garment factories is considered hazardous. Children must not operate dangerous machinery or equipment (including cutting, sewing, knitting or weaving machines, boilers or lifts), or engage in heavy lifting. They also must not perform work that could expose them to harmful chemicals, electricity, high levels of dust or noise, extreme temperatures or heights.

Example: Agus is 16 years of age and is learning to be a sewing machine operator in a garment factory in South Jakarta. Jobs involving sewing machines are considered hazardous, so it is prohibited for children under age 18 to undertake such work.

LEGAL REFERENCES:

MOMT DECREE NO. KEP.235/MEN/2003, ARTS. 1-4 AND ATTACHMENT [KEPUTUSAN MENAKERTRANS NO. KEP.235/MEN/2003, PASAL 2, 3 DAN LAMPIRAN].

1.2.4. Working Space

If the children labour were employed together with the Adult Labour, the children labour working space must be separate from the adult labor.

LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003, ARTS. 52(1)(B), 74 [UU KETENAGAKERJAAN  NO. 13 TAHUN 2003, PASAL 52(1)(B), 74];
MOMT DECREE NO. KEP.235/MEN/2003, ARTS. 1-4 AND ATTACHMENT [KEPUTUSAN MENAKERTRANS NO. KEP.235/MEN/2003, PASAL 2, 3 DAN LAMPIRAN].

Resource Guide:
Employers and Child Labour, Guide 1: Introduction to the Issue of Child Labour, ILO (2007);
Employers and Child Labour, Guide 2: How Employers can Eliminate Child Labour, ILO (2007);
Employers and Child Labour, Guide 3: The Role of Employers’ Organization in Combating Child Labour, ILO (2007)
Towards A Safer and More Productive Workplace, ILO (2008);