Effect given to the recommendations of the committee and the Governing Body - Report No 364, June 2012

Case No 2735 (Indonesia) - Complaint date: 11-SEP-09 - Closed

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

1. 46. The Committee last examined this case at its November 2010 meeting, and on that occasion reached the following recommendations [358th Report, paras 559–612]:
   • (a) Bearing in mind that agreements should be binding on the parties, the Committee expects that all remaining disputes as to the application of the CBA will be resolved in the near future. Noting that, according to the joint agreement of 6 March 2008, separate negotiations are to be held on three enumerated points including the employee salary adjustments in line with the CBA, and noting with interest the various attempts already made by the Ministry of Manpower and Migration to conciliate the parties, the Committee requests the Government to continue to take active steps to intercede with the parties with a view to facilitating the speedy settlement of the dispute between the state-owned enterprise PT (Persero) Angkasa Pura 1 and the SP–AP1 union. It expects to be kept fully informed on any progress achieved in this respect. The Committee also requests the Government to keep it informed on the final outcome of the judicial procedures before the Supreme Court on the question of salaries and to communicate the text of the ruling once it is handed down.
   • (b) The Committee requests the Government to ensure that Mr Arif Islam is reinstated in the position that he occupied in the company PT (Persero) Angkasa Pura 1 at the time of dismissal, with compensation for lost wages and benefits, in accordance with the recommendations made by the National Commission on Human Rights, Commission IX of the House of Representatives and the Head of the Manpower and Social Agency of the City Government of Balikpapan. If, given the time that has elapsed since the dismissal from his duties at the company PT (Persero) Angkasa Pura 1, it is determined by a competent independent body that it is no longer possible to reinstate him in that particular post, the Committee requests the Government to take steps without delay to review with Mr Islam the relevant available posts for his appointment and to ensure that he is paid full and adequate compensation which would represent a sufficiently dissuasive sanction for anti-trade union dismissals.
   • (c) The Committee requests the Government to ensure that the workers who had been suspended are properly reintegrated in the workforce and fully resume the duties that were assigned to them at the time of suspension, under the terms and conditions prevailing prior to the strike, and with full compensation for lost wages and benefits for the period of their suspension, in accordance with the recommendations made by the National Commission on Human Rights and Commission IX of the House of Representatives, as well as the Ministry of Manpower and Migration letter of 6 March 2009.
   • (d) With regard to the alleged anti-union harassment, the Committee requests the Government to take the necessary steps to ensure that an independent inquiry is instituted without delay, with a view to fully clarifying the circumstances, determining responsibilities, and, where appropriate, imposing sanctions on the guilty parties and issuing appropriate instructions to police and military so as to prevent the repetition of such acts in the future, in accordance with the conclusions of Commission IX of the House of Representatives. It urges the Government to keep it informed of progress achieved in this regard.
   • (e) The Committee requests the Government to institute an independent inquiry without delay to ensure that any acts of employer interference are identified and remedied, and, where appropriate, that sufficiently dissuasive sanctions are imposed so that such acts do not reoccur in the future. It requests the Government to keep it informed of developments in this regard.
2. 47. In a communication dated 15 August 2011, the complainant indicated that the management of PT (Persero) Angkasa Pura 1 and the Serikat Pekerja PT Angkasa Pura 1 Union (SP–AP1) entered into negotiations with good will which led to the signing of a Pact on an Industrial Relationship Normalization on 20 August 2010. This Pact solved the dispute. Consequently, the complainant declared that the case related to the collective bargaining agreement had been successfully settled by the signing of a new agreement on October 2010. However, the complainant stated that Mr Arif Islam had not yet been reinstated to his position in the company as requested by the Committee. It indicated that solving this issue would require the involvement of the Ministry of Manpower and Transmigration, as well as the Ministry of Transport, which had yet to be done.
3. 48. In a communication dated 24 August 2011, the Government confirmed the signing of a Pact of Industrial Relations Normalization on August 2010 by the President Director of the company and the Chairperson of the SP–AP1. Following the signing of the Pact, the verification of trade unions membership in the company was conducted on 30 August 2010. A collective labour agreement was then signed on October 2010 by the management of the company and both trade unions (SP–AP1 and the Asosiasi Karyawan Angkasa Pura 1 (AKA)) and registered by the Ministry of Manpower and Transmigration. In this regard, the Government specified that all pending matters had been reviewed and fully accommodated in a new Collective Labour Agreement signed on 2 October 2010.
4. 49. With regard to the situation of Mr Arif Islam, the Government indicated that, since he was deployed to the company, the authority to relocate his assignment is devoted to the Ministry of Transportation. The Government referred to a number of letters issued by the Ministry concerning his employment status, and reiterated the information concerning the letters instructing him to go back to work at the Ministry of Transportation (July 2008) and at the Berau Airport, East Kalimantan (December 2008). According to the Government, Mr Islam has never worked at the Berau Airport or ever reported to the Director-General of Air Transportation. The Government also referred to a letter dated 19 May 2011, whereby it was indicated that Mr Islam is still a civil servant in the Directorate-General of Air Transportation, and that he has not been dismissed. Finally, the Government stated that following a monitoring report of the labour inspection, the remaining wages of Mr Islam had been paid by the company.
5. 50. With regard to the recommendation of the Committee that workers who had been suspended be properly reintegrated in the workforce and fully resume the duties that were assigned to them at the time of suspension, the Government indicated that the company had paid the suspended workers for three months of wages in accordance with a letter of the Ministry of Manpower and Transmigration of May 2009 concerning the payment of wages during suspension.
6. 51. With regard to the recommendation concerning the need to institute an independent inquiry without delay to clarify the circumstances of alleged acts of anti-union harassment, as well as any act of employer interference, the Government states that there is no specific need to establish an independent body to settle the case, since it is proceeding with the prevailing laws and regulations. It specified that the police office of Jakarta issued an SP3 in March 2009, against the Director of PT Angkasa Pura 1 for violation of freedom of association rights, however, the case was dropped due to insufficient evidence.
7. 52. In view of the above, the Committee welcomes the settlement of the labour dispute by both parties and the signing of a Pact of Industrial Relationship Normalization in August 2010, followed by the signing of a new Collective Labour Agreement in October 2010, which accommodated the pending matters.
8. 53. While noting the Government’s statement that Mr Islam had been fully compensated for his lost wages and benefits following a report from the labour inspectorate, the Committee regrets that the Government merely reiterates that the latter was assigned to Berau Airport but never showed up to his new place of assignment. In this regard, the Committee notes the proposal for re-employment but, however, wishes to recall that, given the fact that Mr Islam was dismissed for carrying out legitimate trade union activities, it previously requested the Government to take the necessary steps for his reinstatement in the position that he occupied in the company PT (Persero) Angkasa Pura 1 at the time of dismissal, with compensation for lost wages and benefits. However, if given the time that has elapsed since the dismissal from his duties at the company, it is determined by a competent independent body that it is no longer possible to reinstate him in that particular post, the Committee requested the Government to take steps without delay to review, with Mr Islam, the relevant available posts for his appointment and to ensure that he is paid full and adequate compensation which would represent a sufficiently dissuasive sanction for anti-trade union dismissals. The Committee firmly expects the Government to take all necessary measures to meet with Mr Islam and the company to try to find a solution to this matter and to keep it informed in this regard.