Abstract
The Recognised Seasonal Employer (RSE) scheme has attracted overseas workers to work in the horticulture and viticulture industries in New Zealand. They come from various countries all over the world, to stay and work in New Zealand. This article would explore some legal issues arise from New Zealand’s RSE policy in particular relation with the Indonesian migrant workers who seek a job in New Zealand. It would also analyze the rights and obligations of the workers as stipulated in the employment contract concluded by the Indonesian workers and the New Zealand companies under the RSE scheme. The normative legal writing combines the research on relevant public and private legal instruments and comparatively examines both national law and regulations of Indonesia and New Zealand in order to afford a balanced insight of the law of both countries. This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the RSE scheme. This article offers constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role and procedure for supporting New Zealand’s RSE policy and in the same time the better protection to the Indonesian migrant workers.
Highlights
This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the Recognised Seasonal Employer (RSE) scheme
This article will offer constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role, and the procedure of the development of employment contract, those of which related to the placement of the Indonesian workers, under the New Zealand’s RSE policy
The analysis of the aspects of public and private laws found that substance of the employment contract between Indonesian workers and the New Zealand company under the RSE scheme have upheld general principles of employment contract and have fulfilled many of the requirements as stipulated in New Zealand Acts and to some extents, Indonesian laws
Summary
There is a profound issue on acts of violence, including human rights, in various countries that put workers, including Indonesian workers, in a position of the victim which has caused the government of Indonesia to pay serious attention to the issues and s1ubsequently assess the Indonesian policy on migrant workers. Udayana Journal of Law and Culture Vol 02 No., january 2018 government of Indonesia has decided a shock decision, to ban the placement of workers to foreign countries, such as Middle Eastern countries, including Saudi Arabia, which has no government to government (G to G) Memorandum of Understanding (MoU) with Indonesia or have no specific laws for protecting foreign migrant workers in their country.1 This policy has been instituted due to the number of foreign legal problems arising from bad relations between workers and employers that have emerged due to bad treatment, such as low salary, low standard of facilities, and no health insurance, into a more serious breaches of law, such as extreme working hours, punishments, and mental or physical violence. This article will offer constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role, and the procedure of the development of employment contract, those of which related to the placement of the Indonesian workers, under the New Zealand’s RSE policy
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