Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Indonesia (Ratification: 1998)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee had previously noted that section 140(2) of Manpower Act No. 13 of 2003 requires that the written notification to be given by workers who intend to stage a strike indicate the ending time of the strike, and requested the Government to indicate whether workers and their organizations could call a strike for an indefinite period of time. The Committee notes the Government’s indication that there is no time limitation to conduct a strike, and that section 140 solely deals with the strike notification for the purposes of safeguarding production tools and company assets as well as guaranteeing the workers’ rights during the strike. Considering that workers and their organizations should be able to call a strike for an indefinite period if they so wish, the Committee requests the Government to clarify whether a strike would be deemed illegal: (i) if it is specified in the notification that the strike will be of indefinite duration; or (ii) if it is decided to continue the strike beyond the duration indicated in the notification.