Effect given to the recommendations of the committee and the Governing Body - Report No 346, June 2007

Case No 2336 (Indonesia) - Complaint date: 11-MAR-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 72. The Committee last examined this case, which concerns several freedom of association violations at the Jaya Bersama Company such as its refusal to recognize the plant-level trade union affiliated to the Federation of Construction, Informal and General Workers (F-KUI), the anti-union dismissal of 11 trade union members, including all the officials, and acts of intimidation against employees, at its November 2006 meeting. On that occasion, the Committee: (1) urged the Government to take the necessary measures to ensure that the Central Committee for Labour Dispute Settlement’s decision ordering the payment of severance pay to the 11 dismissed workers is complied with; and (2) requested the Government to inform it of the steps taken to ensure trade union recognition and encourage collective bargaining in good faith between the company and the plant-level F-KUI union [see 343rd Report, paras 101–105].
2. 73. In a communication of 9 March 2007, the Government states that it continues to face difficulty in presenting the employer to the court as, according to reports from the visit of labour inspectors and police authorities to the employer’s premises, the employer has apparently closed its operations and has yet to comply with the Central Committee’s decision ordering severance pay for the 11 dismissed trade union members. The Government adds that the employees may pursue their right to severance pay through legal means, such as by petitioning the courts to auction the employer’s assets.
3. 74. The Committee notes with regret that, once again, the Government provides no new information respecting the severance pay due to the 11 dismissed trade union members, other than to repeat that it has not been able to present the employer before the court and so obtain the execution of the Central Committee’s severance pay order. Recalling further that the Central Committee’s decision was issued between August–November 2004, so that two and a half years have therefore elapsed without any progress made in securing its execution, the Committee recalls that justice delayed is justice denied and once again urges the Government to take the necessary measures to ensure by all appropriate means that the Central Committee’s decision ordering the payment of severance pay to the 11 dismissed workers is complied with. Noting the Government’s indication that the company has apparently ceased its operations, the Committee also requests the Government to verify and inform it of the company’s operational status.