E/C.12/IDN/CO/1
(b)
Review the method for the establishment of the level of the minimum wage so
that it enables a decent living for the workers and their families, in accordance with the
provisions of art. 7 of the Covenant;
(c)
Increase the number of the labour inspectors and strengthen their capacity to act
independently and effectively to combat violations of labour rights.
Conditions of work in the informal economy
16.
The Committee is concerned about the lack of just and favourable conditions of work
for the two-thirds of the State party’s workforce who are employed in the informal economy
(art. 7).
The committee recommends that the State party adopt a long-term strategy that
involves measures to ensure the just and favourable conditions of workers employed in
the informal economy, in accordance with the provisions of the Covenant, which
(a) addresses the regulatory obstacles to the creation of companies and employments in
the formal economy; (b) facilitates the regularization of workers employed in the
informal economy; (c) expands the scope of application of the 2003 Manpower Law and
labour inspection to the informal economy.
Domestic workers
17.
The Committee is concerned that the 2003 Manpower Law excludes domestic
workers, denying them legal protection of their labour rights and that the draft law on
domestic workers has been pending for adoption at the Parliament since 1994. The
Committee is further concerned at conditions of work of domestic workers who work long
hours, are paid under the minimum wage, and are often victims of violence and sexual
harassment (art. 7).
The Committee calls on the State party to expedite the adoption of the draft law on
domestic workers and to ensure that it provides for:
(a)
The same working conditions as other workers covered by the 2003 Manpower
Law as regards remuneration, protection against unfair dismissal, occupational health
and safety, rest and leisure, limitation of working hours, and social security, among
others;
(b)
Additional protection in relation to conditions, such as residence with the
employer, that render domestic workers vulnerable to forced labour, violence and
sexual harassment;
(c)
Effective mechanisms for reporting abuse and exploitation which take account
of the difficulty for some domestic workers to access telecommunication means;
(d)
An inspection mechanism for monitoring the conditions of work of domestic
workers.
The Committee also recommends that the State party raise awareness among the
population in general of the need to respect the human rights of domestic workers and
among law enforcement officials of the applicability of the provisions of Law 23/2004
on Domestic Violence for the prosecution of cases of violence against domestic workers.
The Committee recommends that the State party ratify the International Labour
Organization (ILO) Domestic Workers Convention, 2011 (No. 189).
6