LABOUR LAWS AND PRACTICES IN ASEAN AND PRACTICES LABOUR LAWS LABOUR LAWS AND PRACTICES IN ASEAN At the 14th ASEAN Summit on 1 March 2009, the heads of state adopted the Declaration A Comparative Study on Gender Equality, Employment of Persons on the Roadmap for ASEAN Community (2009-2015) based on three pillars including with Disabilities, Youth Employment and Social Dialogue the ASEAN Political-Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community. Labour sector issues are central to the ASEAN Charter and figure in all three Community Blueprints of ASEAN’s 2009-2015 roadmaps. A Comparative Study on Gender Equality, Employment of Persons with Disabilities, Youth Employment and Social Dialogue with Disabilities, Youth on Gender Equality, Employment of Persons A Comparative Study VOLUME II ASEAN Labour Ministers through the adoption of the ASEAN Labour Ministers’ Work Programme 2010 – 2015 target to build towards the vision of a better quality of life, productive employment and adequate social protection for ASEAN peoples. Labour laws are a new area of work under the ASEAN community blueprints. In its journey of regional integration, the ASEAN Community is expected to move forward in reaching common regional standards of labour laws with reference to ILO conventions. With this understanding, a series of comparative studies of labour law and practices among the ASEAN Member States, led by the Ministry of Labour, Invalids and Social Affairs (MoLISA) Viet Nam in order to create a reference basis for governments, trade unions, employers’ associations, legal experts, and other relevant partners to cooperate more closely towards fulfilling the ASEAN vision in the field of labour. This book – Labour Laws and Practices in ASEAN – A Comparative Study (Volume II) will cover 4 pertinent topics of Gender Equality, Employment for Persons with Disabilities, Youth Employment as well as Social Dialogue. The findings will be presented in a comparative manner with the emphasis on their convergence and divergence modalities as well as in relation to the related international conventions. It also concludes with specific recommendations and issues for future discussions by decision makers ASEAN Labour Ministers and Senior Labour Officials, social partners and other relevant stakeholders in a bid to truly an ASEAN Community 2015. VOLUME II VOLUME LABOUR LAWS AND PRACTICES IN ASEAN A Comparative Study on Gender Equality, Employment of Persons with Disabilities, Youth Employment and Social Dialogue VOLUME II ISBN XXXX © 2013 ASEAN Service Employees Trade Union Council Jl. Ciujung No.4 Jakarta Pusat 10150 Indonesia Tel. +62 (0)21 7193 711 Fax +62 (0)21 7179 1358 Research Team: Melisa R. SERRANO (Philippines) Nguyen Thi Dieu Hong (Vietnam) Kazuyo YAMADA (Japan) Wilaiporn (Kae) KOTBUNGKAIR (Thailand) Saowalak THONGKUAY (Thailand) Magdalene Liyun KONG (Singapore) Cheng LI (Singapore) Rene E. OFRENEO (Philippines) Evelyn S. WONG (Singapore) Editors: Magdalene Kong Liyun André Edelhoff Proof-Reading: Tanu Patodia Layout and Cover: BrandBuro The findings, interpretations, and conclusions expressed in this publication are entirely those of the author(s), they do not necessarily represent the views of the Friedrich-Ebert-Stiftung (FES) or the ASEAN Service Employees Trade Union Council (ASETUC). Individual authors are also responsible for the accuracy of facts and figures presented in this volume, which are published in good faith by the Friedrich-Ebert-Stiftung and ASETUC. TABLE OF CONTENTS 3.2.3 Definition of Persons with Disabilities 112 3.2.4 Prohibition on Employment Discrimination of Persons with Disabilities 115 3.2.5 Reasonable Accommodation for Persons with Disabilities 117 3.2.6 Quota Scheme on Employment of Persons with Disabilities 120 3.2.7 Respective Institution for Inspection 121 Executive Summary 3.3 Case studies of Good Practices 123 3.3.1 The Fund for Empowerment of Persons with Disabilities, Thailand 123 1 Introduction and Methodology 3.3.2 The Tripartite Alliance for Fair Employment Practices, Singapore 124 1.1 Introduction 2 3.3.3 Jollibee Foods Corporation, Philippines 125 1.1.1 The ASCC Blueprint, ILO Conventions and Labour Laws 3 3.3.4 Krungthai-AXA Life Insurance, Thailand 126 1.1.2 ASEAN Cooperation on Labour Laws 5 3.3.5 Chang Shin,Viet Nam 127 1.1.3 Linking the Comparative Labour Law Study and the ASCC Blueprint 8 3.3.6 Protec Helmet Factory, Viet Nam 127 1.2 Methodology 8 3.3.7 Lessons Learned 128 1.2.1 The Comparative Approach 9 3.4 Chapter Conclusions 130 1.2.2 Procedure for Data Gathering and Write Up 9 130 1.2.3 The Analytical Framework 12 132 1.3 Limitations and Gaps 12 4 Opportunities for Youth Employment 133 1.4 The Organization of this Volume 13 4.1 Introduction 4.1.1 Twin Challenge of Youth Employment and Child Labour 4.1.2 ASEAN Socio-Cultural Community (ASCC) Blueprint and the Development of Children 2 Employment and Gender Equality and Youth 2.1 Introduction 21 4.1.3 Definition of Child, Youth and Young Persons 2.1.1 Basic Data on Employment and Migration 21 4.1.4 International Standards to Protect the Rights of Child and Empowerment of Youth 135 2.1.2 Gender Inequality Index and Gender Gap Index 26 4.2 A Comparative Review of ASEAN Labour Laws for the Protection of Child Labour and 135 2.1.3 Equality in Economic Participation and Opportunity 33 Promotion of Decent Youth Employment 138 2.2 A Comparative Review of International Standards with National Laws 37 4.2.1 C138 Minimum Age Convention, 1973 and C182 Worse Forms of Child Labour 139 2.2.1 An Overview of Gender Equal Policies in ASEAN 37 Convention 140 2.2.2 Three Key ILO Conventions on Gender Equality 38 4.2.2 Exceptions with Regards to Vocational Training 2.2.3 Equal Remuneration Convention 41 4.2.3 Exception with Regards to Artistic Performances 141 2.2.4 Discrimination Convention 45 4.2.4 Medical Examination, C77 and C78 2.2.5 Workers with Family Responsibilities Convention 51 4.2.5 Working Time and Rest Time, C77 and C78 141 2.2.6 Maternity Protection Convention 56 4.2.6 Prescription of Registers 147 2.3 Case Studies of Good Practices 72 4.2.7 Prescription on Wage Rates 149 2.3.1 Public Policy and Gender Equality in the Philippines 72 4.2.8 Penalties on Violation of Law 150 2.3.2 Getting Singaporean Women Back to Work - Back to Work (B2W) Programme 4.2.9 Recognizing the Special Situation of Girls to Eliminate Child Labour 152 and Tripartite Alliance for Fair Employment Practices 80 4.2.10 Other Related Legislation 154 2.4 Chapter Conclusions 4.3 Case Studies of Good Practices 156 4.3.1 Elimination of the Worst Forms of Child Labour – Children’s Empowerment through 3 Equal Opportunities in Employment for Persons 157 Education Services (CHES) Project in Cambodia 160 3 Employment of Persons with Disabilities with Disabilities 4.3.2 Education and Skills Training for Youth Employment in Indonesia (East) 3.1 Introduction 87 4.3.3 Institute for Technical Education (ITE) Contributing to the Human Resource 162 3.2 Comparison of International Standards with National Laws 89 Development among Young People, Singapore 3.2.1 A Content Review of the Related International Standards 92 4.4 Chapter Conclusions 3.2.2 A Comparative Review of the Labour Laws, Decrees and International Standards 107 Relative to Implementation and Enforcement LIST OF TABLES 162 5 Social Dialogue and Industrial Relations 177 Table 1: Population and Labour Force Participation Rates, 2010 - Building a Regime of Good Practices in the ASEAN Table 2: Percentage of Employment by Economic Activity 5.1 Introduction: Social Dialogue in the context of ASEAN integration 180 Table 3: ASEAN Member Countries’ Emigration and Immigration, 2010 5.1.1 Definition, General Forms and Purposes of Social Dialogue 194 Table 4: GII and GGI Ranking among ASEAN Countries 5.1.2 Common Issues Tackled in the Social Dialogue Process Table 5: GGI Scores among ASEAN Countries 5.2 Legal Framework for Social Dialogue in the ASEAN: A Regional Snapshot Table 6: Ratification Status of ASEAN Countries on CEDAW and Three ILO Conventions in the Promotion of 5.2.1 ASEAN countries: Developing Sound Legal Framework Despite Unequal Regional Gender Equality Conditions and Development Table 7: The Principle of Equal Remuneration for Men and Women Workers for Work of Equal Value 5.2.2 ASEAN Ratification of ILO Conventions on Freedom of Association, Collective Bargaining 197 Table 8: The Principle of Non Discrimination in Employment and Occupation and Tripartism 198 Table 9: Workers with Family Responsibilities Convention 5.2.3 Development of Legal Framework and Laws Supportive of Social Dialogue 199 Table 10: Maternity Protection Convention (183) 5.2.4 Promotion of Tripartite and Bipartite Social Dialogue in the ASEAN 201 Table 11: Average Daily Basic Pay by Major Industry Group and Sex: 2006 and 2010 5.3 Good Practices of Social Dialogue: Illustrative Cases at Enterprise, Industry and National Table 12: Singapore Citizens in the Labour Force, 2000-2011 Levels 201 Table 13: Estimated Number of Persons with Disability to Total Population, 2011 5.3.1 Social Dialogue at the Enterprise Level: HERO Supermarket in Indonesia Table 14: ASEAN Member States and Ratification to International Standards 5.3.2 Social Dialogue at the Enterprise and Industry Level: Banco de Oro/Bank Industry Tripartite 201 Table 15: A Content Review of the Related International Standards Council 206 Table 16: Ratification Status of ASEAN Countries on International Treaties and National Disability and Labour 5.3.3 National Tripartism and Economic