Legal Protection For Indonesian Workers In The Work Contract of Direct Management Services Pro Growers.

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LEGAL RESEARCH

COLLABORATION

LEGAL PROTECTION FOR

INDONESIAN WORKERS IN THE WORK CONTRACT OF DIRECT MANAGEMENT SERVICES PRO MANAGEMENT SERVICES PRO

GROWERS

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INTRODUCTION

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INTRODUCTION

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INTRODUCTION

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ISSUE

• CONTRACT

• DEVELOPMENT OF EMPLOYMENT CONTRACT:

a. Application of Standard Contract

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ISSUE

DEVELOPMENT OF EMPLOYMENT CONTRACT

• Application of Standard Contract

• The principle of offering and acceptance

• The parties who invloved in the RSE program • 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

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DOCUMENTATION

• The parties who involved in the RSE program:

a. DMS Pro Growers

b. The Agent at New Zealand c. Foundation in Bali

c. Foundation in Bali d. PPTKIS

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DOCUMENTATION

• The documents are:

a. Agreement to Recruit (ATR);

b. MoU between the agent at NZ, PPTKIS and Foundation in Bali;

Foundation in Bali; c. Letter of Offer

d. Sample of contract

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OVERSIGHT

• Implementation of legal protection in

Indonesia

1. Should be done by Indonesian government who involved in the RSE program by

who involved in the RSE program by

providing a fair regulation for Indonesian workers.

2. Should be done by PPTKIS by do the

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OVERSIGHT

• Implementation of legal protection in New

Zealand

1. Could be done by the agent at NZ by approaching and negotiating for the approaching and negotiating for the

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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 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

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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 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

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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 Zealand Government and the Indonesian

Government be developed to streamline the application processes and to make the

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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

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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

provision of legal protection for Indonesian workers.

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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 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

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