Employment Policy and Its Implications for Protection of Indonesian Migrant Workers (IMW): A Comparative Study between Hong Kong and Malaysia

Abstract

Based on data from the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI), in 2013 there were about 6, 5 million Indonesian migrant workers (IMW) working in 142 countries around the world, and there are 6 countries which are the favorite host country destination namely Saudi Arabia, Malaysia, Singapore, Hong Kong, Taiwan and the United Arab Emirates. An increased number of IMW working abroad does not mean that they have good protection as well. In 2013 there were approximately 20 thousand cases affecting migrant workers such as job out of contract, underpayment, violence, sexual abuse, death penalty etc. Malaysia is the country which is considered as the most unsafe for IMW, on the contrary, Hong Kong is considered as the most secured and friendly host country for IMW. This study aims to identify policy differences between Malaysia and Hong Kong in treating IMW. The method used in this study is a qualitative method. Informants are migrant workers who are or have worked in Malaysia and Hong Kong. The results shows that Hong Kong has policy named ordinary employment listed in chapter 57 which contains clear and unequivocal rights and obligations of the IMW, meanwhile Malaysia does not have a labor policy that protects the IMW, they even treats IMW discriminatively. Keyword: Employment Policy, Indonesian Migrant Workers, Protection