Legal Protection For Indonesian Workers In The Work Contract of Direct Management Services Pro Growers.
LEGAL RESEARCH
COLLABORATION
LEGAL PROTECTION FOR
INDONESIAN WORKERS IN THE
WORK CONTRACT OF DIRECT
MANAGEMENT SERVICES PRO
GROWERS
By; Lukas Banu, Matthew Gardiner and Made
Gde Subha Karma Resen.
INTRODUCTION
Background
INTRODUCTION
New Zealand’s Recognised Seasonal Employer
INTRODUCTION
Direct Management Services (DMS) Pro Growers
ISSUE
• CONTRACT
• DEVELOPMENT OF EMPLOYMENT CONTRACT:
a. Application of Standard Contract
b. The principle of offering and acceptance
ISSUE
DEVELOPMENT OF EMPLOYMENT CONTRACT
• Application of Standard Contract
• The principle of offering and acceptance
• The parties who invloved in the RSE program
(DMS, PPTKIS, The Agent at New Zealand,
Foundation in Bali, Workers)
• How to do the legal protection for Indonesian
Workers in the contract of DMS?
DOCUMENTATION
• The parties who involved in the RSE program:
a. DMS Pro Growers
b. The Agent at New Zealand
c. Foundation in Bali
d. PPTKIS
e. Workers
DOCUMENTATION
• The documents are:
a. Agreement to Recruit (ATR);
b. MoU between the agent at NZ, PPTKIS and
Foundation in Bali;
c. Letter of Offer
d. Sample of contract
e. Workers documents (Passport, Health
Certificate, work VISA, KTKLN)
OVERSIGHT
• Implementation of legal protection in
Indonesia
1. Should be done by Indonesian government
who involved in the RSE program by
providing a fair regulation for Indonesian
workers.
2. Should be done by PPTKIS by do the
monitoring and coordination between the
parties.
OVERSIGHT
• Implementation of legal protection in New
Zealand
1. Could be done by the agent at NZ by
approaching and negotiating for the
Indonesian workers behalf regarding with the
bargain process with DMS.
CONCLUSION
• The regulation of format and procedure for legal
protection for Indonesian worker in the work
agreement that be formed by the parties could
be done by involvement of parties such as
Indonesia government who involved in the RSE
program through regulation regarding with the
procedure, requirement criteria and all things
that related with RSE program, PPTKIS by
monitoring and also the agent in New Zealand as
the bridge and negotiating all workers interests as
Indonesian workers behalf.
RECOMMENDATION
• It is recommended that the Indonesian Government,
through the Man Power Department, should
implement policy that can accommodate the interests
of workers in the RSE program to make or vary the
employment contract in accordance with the terms of
the letter of offer and contract given by the company
employing the workers.
This can be done by stipulating the minimum
requirements in the initial approvement process and
allowing for flexibility in negotiating other aspects with
the potential employees.
RECOMMENDATION
• Due the complexity and tight timeframes of
recruitment process, it is recommended that
a bilateral agreement between the New
Zealand Government and the Indonesian
Government be developed to streamline the
application processes and to make the
application approval process quicker and more
efficient.
RECOMMENDATION
• It is recommended tht the Indonesian
Government should play, through its own official
representatives in New Zealand, an active role to
visit, inspect and if required, to enforce the
conditions of contract on its own citizens whilst
working in New Zealand.
This would not only allow for a better
understanding of the program for the Indonesian
Government but would serve to better protect its
own citizens from exploitation by any potentially
unscrupulous employers.
RECOMMENDATION
• It is recommeded that PPTKIS, establish a
mechanism of legal protection for indonesian
workers and coordinate its monitoring activities
participating on the RSE program, as part of the
provision of legal protection for Indonesian
workers.
This includes recognition of the workers on the RSE
programs are not likely to have certification that is
formally required under the current Government
policy.
RECOMMENDATION
• It is recommended that the agent acting on
behalf of the RSE employee be given sufficient
standing in both New Zealand and Indonesian
law to be able to provide an advocacy role for
workers in connection with the negotiations
with the DMS and report all progress and
outcome of negotiations to workers, PPTKIS
and Indonesian Government in order to create
transparency and legal certainty.
TERIMA KASIH
THANK YOU
COLLABORATION
LEGAL PROTECTION FOR
INDONESIAN WORKERS IN THE
WORK CONTRACT OF DIRECT
MANAGEMENT SERVICES PRO
GROWERS
By; Lukas Banu, Matthew Gardiner and Made
Gde Subha Karma Resen.
INTRODUCTION
Background
INTRODUCTION
New Zealand’s Recognised Seasonal Employer
INTRODUCTION
Direct Management Services (DMS) Pro Growers
ISSUE
• CONTRACT
• DEVELOPMENT OF EMPLOYMENT CONTRACT:
a. Application of Standard Contract
b. The principle of offering and acceptance
ISSUE
DEVELOPMENT OF EMPLOYMENT CONTRACT
• Application of Standard Contract
• The principle of offering and acceptance
• The parties who invloved in the RSE program
(DMS, PPTKIS, The Agent at New Zealand,
Foundation in Bali, Workers)
• How to do the legal protection for Indonesian
Workers in the contract of DMS?
DOCUMENTATION
• The parties who involved in the RSE program:
a. DMS Pro Growers
b. The Agent at New Zealand
c. Foundation in Bali
d. PPTKIS
e. Workers
DOCUMENTATION
• The documents are:
a. Agreement to Recruit (ATR);
b. MoU between the agent at NZ, PPTKIS and
Foundation in Bali;
c. Letter of Offer
d. Sample of contract
e. Workers documents (Passport, Health
Certificate, work VISA, KTKLN)
OVERSIGHT
• Implementation of legal protection in
Indonesia
1. Should be done by Indonesian government
who involved in the RSE program by
providing a fair regulation for Indonesian
workers.
2. Should be done by PPTKIS by do the
monitoring and coordination between the
parties.
OVERSIGHT
• Implementation of legal protection in New
Zealand
1. Could be done by the agent at NZ by
approaching and negotiating for the
Indonesian workers behalf regarding with the
bargain process with DMS.
CONCLUSION
• The regulation of format and procedure for legal
protection for Indonesian worker in the work
agreement that be formed by the parties could
be done by involvement of parties such as
Indonesia government who involved in the RSE
program through regulation regarding with the
procedure, requirement criteria and all things
that related with RSE program, PPTKIS by
monitoring and also the agent in New Zealand as
the bridge and negotiating all workers interests as
Indonesian workers behalf.
RECOMMENDATION
• It is recommended that the Indonesian Government,
through the Man Power Department, should
implement policy that can accommodate the interests
of workers in the RSE program to make or vary the
employment contract in accordance with the terms of
the letter of offer and contract given by the company
employing the workers.
This can be done by stipulating the minimum
requirements in the initial approvement process and
allowing for flexibility in negotiating other aspects with
the potential employees.
RECOMMENDATION
• Due the complexity and tight timeframes of
recruitment process, it is recommended that
a bilateral agreement between the New
Zealand Government and the Indonesian
Government be developed to streamline the
application processes and to make the
application approval process quicker and more
efficient.
RECOMMENDATION
• It is recommended tht the Indonesian
Government should play, through its own official
representatives in New Zealand, an active role to
visit, inspect and if required, to enforce the
conditions of contract on its own citizens whilst
working in New Zealand.
This would not only allow for a better
understanding of the program for the Indonesian
Government but would serve to better protect its
own citizens from exploitation by any potentially
unscrupulous employers.
RECOMMENDATION
• It is recommeded that PPTKIS, establish a
mechanism of legal protection for indonesian
workers and coordinate its monitoring activities
participating on the RSE program, as part of the
provision of legal protection for Indonesian
workers.
This includes recognition of the workers on the RSE
programs are not likely to have certification that is
formally required under the current Government
policy.
RECOMMENDATION
• It is recommended that the agent acting on
behalf of the RSE employee be given sufficient
standing in both New Zealand and Indonesian
law to be able to provide an advocacy role for
workers in connection with the negotiations
with the DMS and report all progress and
outcome of negotiations to workers, PPTKIS
and Indonesian Government in order to create
transparency and legal certainty.
TERIMA KASIH
THANK YOU