Tips for migrant workers
Update: Law no. 39/2004 on the Placement and Protection of Indonesian Migrant Workers has been replaced by Law No.18 / 2017 on the Protection of Indonesian Migrant Workers but requires 28 implementing regulations, consisting of 2 Presidential Regulations, 11 Government Regulations, 12 Ministerial Regulations on Employment and 3 Regulation of the Head of the Agency so that it is still in a transitional period of 2 years (using Law No. 39/2004) until the implementing regulations are issued.
Several documents are required before migrant workers can start their journey:
- Employment contract
- Work visa
Moreover, the law requires recruitment agencies to overtake a list of responsibilities:
- Produce and sign placement agreements with prospective labour migrants (article 38, sub articles 1 and 2)
- Report and submit copies of each placement agreement to the local office of the Ministry of Manpower & Transmigration (Article 38, sub article 2; Article 54, sub article 1)
- Ensure completeness of documentation of labour migrants (Article 65)
It is also defined by law that the government is responsible for delivering pre-departure trainings (Article 69 (3) of Law No. 39/2004). Two responsible institutions are specified that will execute the trainings. Firstly, the “Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia” BNP2TKI is responsible for delivering trainings placed under government-to-government agreements. Secondly, the Ministry of Manpower and Transmigration together with recruitment agencies is responsible for delivering training to all other departing labour migrants. By law, these trainings should be delivered over a time of 20hours, be free of charge, and take place no later than two weeks before departure.
Due to the high numbers of mistreatment of Indonesian workers, the country has set a goal to end emigration of domestic workers by 2017 and focus on establishing effective training programs for more highly skilled professionals. Due to missing cooperation between countries or conflicting laws, migrants are often not aware of their rights in the destination countries. Various organizations in the destination countries, such as Helpers for Domestic Workers in Hong Kong, provide free legal counselling to foreign workers to help them understand how to protect their rights.
A recommended document to browse through is the “Guide for migrant workers: A pocket book (in Bahasa Indonesia)”, providing information about safe migration mechanisms.
Sign a fair employment contract!
It is important to ensure that you have a written contract of your employment. Before signing, read your contract carefully. Do not sign a contract that you do not understand or agree with, and discuss and negotiate the terms of your contract with your employer. You should always keep a copy of the signed contract with you.
The official online portal of the Jordanian e-Government provides information about different forms of residency in the country, entry/exist visas, as well as online visa application and renewal procedures. The platform also provides information and contact details for Jordan’s various ministries and government agencies. For questions, you may reach out to the National Contact Centre by calling 065008080.
In cases of abuse, seek support!
The Arab Migrant Resources Centre has a free hotline that is accessible by phone 24/7 at 0770825825. You may also go their Amman office (Swaifieh, No.1 Said Al-Mefti Street) or contact them via email (email@example.com). The Jordanian Ministry of Labour also has a free hotline for labour law issues (Free line: 080022208; Zain network: 0796580666; Orange network: 0777580666; Umniah network: 0785602666; WhatsApp: 0790955557). The Ministry may also be contacted per email at firstname.lastname@example.org.
Ensure your documents are renewed on time!
Though employers must initiate renewals of their employees’ residency permits, you could be sanctioned for not renewing your residency permit. Exceeding the legal residency duration and not submitting a timely renewal (within one month of expiry) could result in a fine of 45 JD [63 USD] each month.
Know your rights!
Find out more about labour laws and rights for migrant workers in Jordan. As a migrant working in Jordan, you have the right to an employment contract, to minimum wage paid within seven days of the due date, to overtime time compensation, to enrolment in social security, to compensation for work-related injuries, as well as to maintain your personal identity documents in your own possession. You are also entitled to one day off per week (usually Fridays), fourteen days of annual leave, and fourteen days of paid sick leave; female migrant workers are offered ten weeks of paid maternity leave. Your working hours should not exceed forty-eight hours a week, and you must always have your work permit with you.
Other useful information