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Problem Analysis of Indonesian Ships Crew Members in Taiwan PDF Print E-mail
Written by Administrator   
Monday, 08 August 2011 08:22

Problem Analysis of Indonesian Ships Crew Members [later to be called “ISCM”] (Anak Buah Kapal (ABK)) in Taiwan

 

Case Study: Hualien, Taiwan (R.O.C)

Reported by : Expansion and Society Empowerments Department of FORMMIT for IC3T

[Original author : Yuherina Gusman; Ina-Eng Translator : Kahlil; Proofreader : Bunga Primasari]

Copyright owners : FORMMIT (Indonesian Muslim Students Forum in Taiwan) and IC3T (Indonesian Committee for Science and Technology Transfer in Taiwan)

Copyright owners have the exclusive statutory right for this report. It is allowed to copy, distribute and adapt the report with one condition, addressing the copyright owners (FORMMIT and IC3T). Otherwise, it will be accused as copyright infringement.

 

Foreword

The number of Indonesian workers who are currently working tempting fate in Taiwan is getting larger per annum. Until April 2011, approximately 161.000 Indonesian workers registered as an employee in this small island named Formosa. Notice in that the number of Indonesian worker in Taiwan is the largest to be compared to another worker from Southeast Asian Countries such as Thailand, Vietnam and Philippines. As many as 6.200 Indonesian workers are being employed as ships crew, who are mostly susceptible to violence and troubles. Hualien is the city that lies in the eastward of Taiwan and nearby Pacific Ocean; the place where many Indonesian ships crew struggling with problems while earning a living.

 

Background

SPM department (Syiar dan Pemberdayaan Masyarakat – Expansion and Society Empowerments) is one of the focuses of FORMMIT (Forum Mahasiswa Muslim Indonesia di Taiwan – Indonesian Muslim Students Forum in Taiwan) which is intensively empowering Indonesian workers in Taiwan. FORMMIT events are varies, not only focus in on empowering side but also religion matter as well as assistantship in order to improve workers’ skills particularly in technology. It is consist of regular computer training, reciting Qur’an class, English class and entrepreneurship training.

 

In addition, FORMMIT is determined to complete its mission in building advocating cooperation to with other stakeholders, such as KDEI (Kantor Dagang dan Ekonomi Indonesia di Taipei – Indonesian Economic and Trade Office to Taipei) and local NGO (Non-governmental Organization). With these institutions, SPM department has been regularly accomplished some advocating missions for Indonesian workers who asked for aid to FORMMIT. Apart from above institutions, SPM department of FORMMIT and Taiwanese Muslims periodically visit Detention Center (DC) which is distributed in many areas in Taiwan.

 

This intimate and frequent interactions between FORMMIT and migrant worker’s organizations (KMIT (Keluarga Muslim Indonesia di Taiwan - Indonesian Muslim Society in Taiwan) and its subsidiaries) lead to trustworthiness and assistantship demands become certain although FORMMIT cannot always cover the whole part of this mission since they are a non-governmental organization which has some limitations in knowledge and latitude.

 

PPIH (Paguyuban Pelayar Indonesia di Hualien – An Alliance of Indonesian Sailors in Hualien) is one of the migrant worker’s organizations which asked for aid to FORMMIT in order to overcome their obstacle.  This demand then became FORMMIT’s concern and led to subsequent step to visit Hualien with Yuherina Gusman (Minister/Head of 10/11’s SPM Department) and Bunga Primasari (Minister/Head of 09/10’s Media Bureau) as representatives. This investigation being held on April 10-11, 2011 has a few purposes which encompassed data providing for legal officer, to be exact Indonesian government to conduct an immediate service refinement and protection for Indonesian migrant workers, especially ISCM. Zulhendri Hasymi, a PKPU representative in Taiwan, joined this mission as well.

 

Data Acquisition Method

Data was acquired by direct interview of 27 troubled-ISCM. First phase was acquired in April 10, 2011 at 11 p.m after FORMMIT representatives have just arrived. Further data was collected by means of audio recording on April 11, 2011 when visiting a hopitalized ISCM. Later on, FORMMIT and PKPU gathered all ISCM at Yani’s store to acquire more comprehensive information.

 

Investigation Results and Case Analysis

Above investigation leads to problem classification that denoted as follows:

 

1. Agent illegal deduction

Problems 

Policy

Real condition

China Trust

Harmen Sembiring, Head of IETO stated since January 1, 2011 exemption from China Trust is no longer existed.

ISCM salary remains monthly deducted NT$8,404 within the first 10 months. Agent said it will become a deposit that can later be withdrawn in Indonesia. This circumstance becomes deviant since all workers only have their PIN numbers but nobody hands their passbook. One of the workers that had worked in Penghu from 2006 to 2009, Asmui, underwent the aforementioned deduction, yet after he went back to Indonesia not even a penny can be withdrawn from his account as agent promised.

National Health Insurance (NHI)

All migrant workers can get a National Health Insurance after 4 months of arrival.

Among 27 ISCM, only 2 of them who got the NHI it. One of them got it since he paid double and the rest got it after ran into an accident, thus the boss arranged his NHI. ISCM is a high risk profession, but here they never received an appropriate treatment when they got sick it, despite of the fact that their salary is monthly deducted for NT$250.

Improper administration

  1. 24-page passport application fee is NT$300.
  2. Medical checkup fee is NT$ 990.
  3. Regular meal and dorm policy.
  4. Agent charged NT$ 30,000
  5. Medical checkup charged NT$ 2,000
  6. Regular meal and dorm deduction are up to NT$ 4,000 although meal and “sleeping place” were both provided by the boss (they slept in ship).

 

2. Agent’s Responsibility

Problems 

Policy

Real condition

Agent doesn’t protect the workers

The agent should ensure the boss/employer have paid the insurance fee at the minimum amount of worker’s compensation insurance of NT$450,000 (article 10, verse 5)

 

Agent in Taiwan should do all legal actions to advocate and support the workers if their right is clearly violated by the boss/employer or related institution, such as not fully paid salary, employment contract violation, work accidents, sick, die and so on. (article 12 MOU of PPTKIS and agent in Taiwan)

  1. On the contrary, the agent scolded ISCM who is treated improper and against human rights by their boss/employer.
  2. Agent locked up worker who ran away or being returned from/by their boss /employer. In addition, the agent even suggested the worker to become an illegal worker.
  3. ISCM never registered to National Health Insurance (NHI), hence no possible compensation if work accident happened.

No assistantship to support the workers

Responsible to cover the repartriation cost to all ISCMs who are being repartriated by second party, if medical checkup is failed to meet the cutomary criteria assigned by Taiwan government. (article 5 MOU of PPTKIS and agent in Taiwan)

Even though some ISCMs are stated unhealthy, but they still being forced to work. Furthermore, if they want to go home, they will be charged despite the fact that their boss/employer have taken care of the repartriation cost. Not registered to get NHI, thus it’s hard to receive a regular treatment. (Ex: Jasminto’s case, see appendix)

Inadvertent in choosing the boss/employer 

Ideally, agent should tightly select the quality of boss/employer and never give job order which has validity less than 2 years (besides any agreement from all stakeholders) or job order from boss/employer who has  repartriated a worker for two consecutive period of time before his contract is over. (article 20 MOU of PPTKIS and agent in Taiwan)

Most of ISCMs who are employed by San Chong agent got improper treatment from their boss/employer.

 

3. Improper treatment from boss/employer

Problems 

Policy

Real condition

Overtime

ISCM (second party) have 8 hours per day and working hours every two weeks cannot be over 84 hours. Each day cannot work more than 12 hours, overtime working hours cannot be over 46 hours per month […] (article 3, ISCM employment contract  to  boss/employer)

Overtime is exceeded time allowed and no incentive during overtime period. One of the ISCMs called Antung was employed 24 hours per day during Chinese New Year.

Termination of employment which is violating employment contract

If during the employment contract between boss/employer (first party) and worker (second party) the first party with certain reason can no longer employing a worker or fulfilling the requirement stated in article 7.7 in order to protect worker, thus the first party can terminate this contract. If second party (worker) doesn’t agree to change the boss/employer, subsequently first party should pay entire salary of worker during the worker’s active working period. (article 7.8, first and second party employment contract)

 

Boss/employer will not repartriate worker outside the provision of Recruitment Agreement and Employment Contract as well as Taiwan government regulation. In addition, they (first party) should notify IETO before repartriating the worker. (article 10 verse 6, MOU of PPTKIS and agent in Taiwan)

Most of the agent abruptly repartriated their worker without compensation and obeying the employment contract.

This circumstance remains obscure and elusive, whether agent has delivered compensation from boss/employer or never give any compensation to the worker at all.

 

Further investigation is needed in order to provide information to IETO or other stakeholder as well as law enforcement.

 

4. Government response

Most workers stated that both governments response, Taiwan and Indonesia, are slow and cannot be relied on. Quick and proper response is strongly needed.

 

Conclusion

This analysis hopefully can be used in a proper way in order to initiate further steps to protect Indonesian worker, particularly in Taiwan.

 

 

 

 

Last Updated on Monday, 08 August 2011 21:13
 

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Supported by :

Indonesian Muslim Students Forum in Taiwan

Ministry of Education Republic of Indonesia

Ministry of Research and Technology Republic of Indonesia

Indonesian Economic and Trade Office to Taipei

Indonesian Muslim Students Forum in Taiwan




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