E/C.12/IDN/CO/1
Domestic workers abroad
18.
While noting that the State party has concluded bilateral agreements on benefits for
migrant domestic workers with several countries, the Committee raises concern about the
continuing reports of exploitation and abuse of nationals of the State party employed as
domestic workers abroad. The Committee is also concerned at placement fees which are
either disproportionally charged against the salary of domestic workers or, when paid by
employers, have led to conditions akin to slavery for domestic workers (art. 7).
The Committee urges the State party to:
(a)
Regulate the operations of placement agencies, including the imposition
of placement fees, so that they do not lead to human rights violations, such as nonpayment of wages or contemporary forms of slavery;
(b)
Continue to establish agreements with recipient countries with the aim of
protection not only of the economic and social rights of domestic workers but also
against their exploitation and abuse;
(c)
Provide support to victims of exploitation and abuse as well as for the
reintegration of returnees;
(d)
Address the root causes of migration of domestic workers.
Right to strike for civil servants
19.
The Committee is concerned that the right to strike and the right to organize are not
recognized for civil servants (art. 8).
The Committee calls on the State party to recognize in law the right to strike of civil
servants not performing essential services as well as their right to organize, in line
with the provisions of article 8 of the Covenant.
Repression of trade union activities
20.
The Committee is concerned at reports of repression of trade union activities,
including by the authorities, and at the lack of effective remedies for violations of trade
union rights, in spite of the protection of union rights under Law 21/2000 on Trade Unions
(art. 8).
The Committee recommends that the State party protect trade union rights and
effectively investigate all allegations of violations brought to its attention. In this
regard, the Committee recommends that the State party develop the capacity of law
enforcement and labour inspection to investigate allegations of repression of union
activities, so that they are not construed as a form of defamation of employers.
Social security
21.
The Committee is concerned that, while plans for the expansion of the coverage of
health insurance are in place, coverage by other existing schemes is primarily limited to
those employed in the formal economy. The Committee is concerned that a very small
number of workers in the informal economy are covered by the social security programmes,
such as JAMSOSTEK. The Committee is further concerned that the State party does not
have an unemployment insurance scheme (art. 9).
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