Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Indonesia (Ratification: 2004)

Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. Structure and coordination of the labour inspection system. With regard to its previous comments concerning the capacity of the central authority to ensure harmonized, coordinated and integrated enforcement throughout the country, the Committee notes the Government’s indication in its report that it has undertaken various measures, including the adoption of Law No. 23 of 2014 on regional governments, which concerns the supervision of regional levels of government by the central Government (sections 7 and 8 of the Law). The Committee also notes the Government’s statement that the annual labour inspection coordination meetings have resulted in recommendations and/or mutual agreements between the central and regional governments. In addition, with regard to its previous comments on the establishment of the Labour Inspector Information Network System, the Committee notes the Government’s reference to the development of a number of systems, including LAPOR!, a system for receiving complaints relating to employment violation issues. It observes that, according to the report by the Directorate General of Labour Inspection and Occupational Safety and Health (OSH) Development, entitled “Strategy for Strengthening Labour Inspection in Indonesia” published in 2018 in collaboration with the ILO Country Office in Jakarta, reporting systems and data collection on occupational injuries and diseases are still weak in Indonesia, with a considerable data gap because the numbers are based on approximately 20 per cent of the workers in the country. The report notes that, as a result, many work-related accidents and occupational diseases are not reported or recorded, and therefore not addressed. The Committee welcomes in this regard information from the ILO Decent Work Team for East and South East Asia and the Pacific that the Government has undertaken efforts to work with the ILO concerning the development of its national information network system for labour inspectors. The Committee requests the Government to provide further information on the measures taken to strengthen the capacity of the central authority to ensure harmonized, coordinated and integrated law enforcement in the country, including circulars on inspection policies, model inspection and report forms as well as instructions on methods of inspection, and to provide further information on the joint planning, mutual agreements, recommendations and assistance resulting from annual labour inspection coordination meetings. In addition, the Committee requests the Government to pursue its efforts towards improving its information technology system to assist labour inspectors in carrying out their functions uniformly across the country and to improve the central authority's data collection, including on inspection activities at the provincial level. In this respect, the Government is requested to continue to provide information, including on the impact of the system's improvements on coordination and enforcement.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Committee previously noted the creation of the Labour Inspection Committee, with representatives of the Government and from employers’ and workers’ organizations, to provide input to the Minister regarding the formulation and determination of labour inspection policy. In this respect, the Committee notes that, pursuant to the Decree of the Director General of Labour Inspection and OSH Development No. 4 of 2018, the composition of the Labour Inspection Committee has been decided for a time period of two years, until 31 December 2019, and includes representatives from employers’ and workers’ organizations. The Committee requests the Government to provide further information on the functioning of the Labour Inspection Committee in practice, including the frequency of its meetings, the issues discussed and the outcome of its deliberations.

Article 7. Recruitment and training of labour inspectors. With regard to its previous comments on the laws and regulations governing the appointment of labour inspectors (referred to in section 14(2) of Presidential Decree No. 21 of 2010), the Committee notes the educational requirements and training and assessment pre-requisites for the appointment of labour inspectors contained in Decree of the Minister for State Apparatus Reform No. 19 of 2010 concerning the position of Labour Inspection Officer. The Committee also notes the Government’s reference to the subjects of trainings required for labour inspectors (basic training) as well as the available specialized training subjects. It observes an absence of information, however, regarding the frequency, attendance, and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment. In this respect, the Committee notes the indication in the “Strategy for Strengthening Labour Inspection in Indonesia” report that labour inspectors have limited training and professional development opportunities. The Committee requests the Government to provide further detailed information on its efforts to provide adequate training to labour inspectors in the country, including the frequency, attendance, and impact of such training, so as to enable labour inspectors to perform their duties efficiently and independently.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee previously noted the Government’s statement that reporting from the regional level to the national level of government faced obstacles, and it requested the Government to take the necessary measures to enable the central authority to prepare and publish an annual labour inspection report. The Committee notes in this respect the Government’s statement that the enactment of Law No. 23 of 2014 on regional governments would contribute to the streamlining of the reporting process, by ensuring that reports are directly submitted by the provincial government to the central government. Noting the measures underway to develop a national information system for labour inspectors, the Committee urges the Government to pursue its efforts to enable the central authority to prepare and publish an annual labour inspection report within the time limits prescribed by Article 20 of the Convention, and to submit a copy to the ILO. It also requests the Government to ensure that such reports contain information on all subjects listed in Article 21 of the Convention. In addition, the Committee requests the Government to provide information as to the impact of any measures taken on the frequency and accuracy of reporting from the provincial and city/district levels to the central level.