Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the information contained in the Government’s report. It further notes the entry into force of Act No. 13 of 2003 concerning manpower.

The Committee notes the Government’s response to the comments of the International Confederation of Free Trade Unions (ICFTU). The ICFTU indicates that the new Manpower Act contains many provisions contrary to the principles of freedom of association and collective bargaining. It mentions that the workers in Indonesia have conducted widespread protests over the recent introduction of the Manpower Act. It further states that there are, in practice, numerous restrictions on the rights provided in the Convention.

The Committee notes that, according to the Government, the provisions of the Manpower Act are in line with the Convention. The Committee notes with interest that the Government intends, in cooperation with the ILO, to carry out awareness-raising activities continuously, including training in selected areas, aimed at providing the employers, workers/labourers and community with appropriate understanding of the Convention so that it can be applied properly.

Article 1 of the Convention. Protection against acts of anti-union discrimination. In a previous comment, the Committee noted with interest the provisions of Act No. 21 of 2000 concerning trade union/labour union with regard to protection against acts of anti-union discrimination. The Committee requests the Government to indicate whether the provisions of Act No. 21 of 2000 in this respect are still in force. It further requests the Government to indicate whether in cases of anti-union dismissals (section 153 of Act No. 13 of 2003 concerning manpower), the affected workers have the right to obtain economic compensation.

The Committee notes that the ICFTU refers to an important number of cases of anti-union discrimination and requests the Government to supply statistics on the number of complaints lodged in the last two years and the most frequent problems examined.

Article 2. Protection against acts of interference. The Committee notes that section 122 of the Manpower Act provides that a voting procedure must take place in order to determine which trade union shall have the right to represent the workers in an enterprise. This section establishes that the vote shall be witnessed not only by a government official, but also by the entrepreneur. Given that the presence of the employer may affect the independence of the workers, the Committee requests the Government to amend section 122 so as to suppress the presence of the employer to such a vote.

The Committee further notes that the ICFTU refers to an important number of acts of interference in trade unions affair. In this respect, the Committee requests the Government to supply statistics on the number of complaints lodged in the last two years and the most frequent problems examined.

Article 4. The ICFTU states that the law provides for unilateral recourse to arbitration in the event of an industrial dispute, which restricts the practical value of collective bargaining. The Government’s report contains no reply with respect to this comment from the ICFTU. The Committee notes that the procedures for the settlement of industrial disputes include mediation, conciliation and arbitration and that section 136(2) of Act No. 13 of 2003 mentions: "procedures for the settlement of industrial relation disputes that are determined and specified by legislation". The Committee requests the Government to indicate to which specific legislation this provision refers and to supply a copy if it is already in force. Furthermore, it recalls that compulsory arbitration at the request of only one party or of the authorities is only admissible for public servants and workers in essential services in the strict sense of the term.

In its previous comments, the Committee had noted that a Dispute Settlement Bill was being debated in Parliament. The Committee trusts that in the course of the legislative process, account will be taken of the abovementioned principle concerning compulsory arbitration. It requests the Government to provide a copy of the new legislation as soon as it is adopted.

Export processing zones (EPZs). The Committee requests the Government to provide information with regard to the allegations of violent intimidation and assault of union organizers, as well as dismissals for union activities in the export processing zones (EPZs) as reported by the ICFTU. The Committee also requests the Government to provide information on the number of collective agreements in force in EPZs and the percentage of workers covered.

The Committee is also addressing a request directly to the Government.