Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Indonesia (Ratification: 1957)

Restrictions on the right of public servants, other than those excluded by Article 6 of the Convention, to bargain collectively. The Committee notes the conclusions of the Committee on Freedom of Association regarding Case No. 1431, approved by the Governing Body at its 241st Session (November 1988).

Under the terms of Presidential Decree No. 82 of 1971, public servants (who, by virtue of the national legislation, include not only public servants engaged in the administration of the State, but also teachers, workers in state-owned enterprises or in which the State holds shares) must be grouped together in one organisation, known as KORPRI. According to the information supplied by the Government, this organisation is considered to be the only negotiating agent with the Government for the purpose of collective bargaining. The Government states that, although KORPRI can theoretically participate in negotiations, the terms and conditions of employment of workers in the public sector are regulated by special laws, so that collective agreements have no place there.

The Committee also notes that, although other trade union organisations exist in the public sector (the PKBA for railway workers, the SSPT for postal employees and the PGRI for teachers) these organisations do not appear to have the status of trade unions and do not seem in practice to be able to exercise the normal functions of trade unions, such as collective bargaining.

The Committee draws the Government's attention to the fact that, although the Convention does not cover public servants engaged in the administration of the State (Article 6 of the Convention), it applies to all other employees in the public sector, who, under the terms of Article 4, should be able to negotiate collectively their terms and conditions of employment.

The Committee requests the Government to supply information on the manner in which the occupational organisations referred to above are able to advance their occupational claims before their employers, and particularly on the existence of mixed committees where employers' and workers' organisations in these sectors are able to negotiate terms and conditions of employment.