Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information provided by the Government in its report. It further notes with satisfaction the entry into force of the Act of the Republic of Indonesia No. 21 Year 2000 Trade Union/Labour Union.

Article 1 of the Convention. In its previous comments, the Committee had requested the Government to ensure that legislation was amended to include provisions, accompanied by effective and sufficiently dissuasive sanctions, which strengthened the protection of workers against acts of anti-union discrimination at the time of recruitment or during the employment relationship. The Committee notes that, under the terms of section 28 of the Act, workers are protected against acts of anti-union discrimination by employers, in taking up employment and in the course of employment. The Committee further notes with interest that this protection extends to trade union members and leaders for acts of anti-union discrimination involving their dismissal, suspension, demotion, transfer or affecting their wages. It also notes that any violation of this provision is a criminal offence subject to the penalties laid down in section 43 of the Act, which imposes a prison sentence of one to five years and/or a fine of 100-500 million Indonesian rupiahs.

Article 2. In its previous comments, the Committee had requested the Government to adopt specific legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that section 28 of the Trade Union/Labour Union Act prohibits employers from preventing workers from establishing a union, or from becoming administrators or members of a union, or from carrying out trade union activities by, amongst others, intimidating workers (paragraph (c)) or campaigning against the establishment of unions (paragraph (d)). The Committee notes that violations of these provisions are deemed to be a criminal offence and are also subject to the penalties laid down in section 43 of the Act.

Article 4. In its previous comments, the Committee had requested the Government to ensure that legislation was amended in order to lift the impediments to free collective bargaining. The Committee notes the Government’s statement that the draft Manpower, Development and Protection Bill and the draft Labour Disputes Settlement Bill, which were drawn up with ILO technical assistance, guarantee freedom of association and collective bargaining. The Government adds that these two Bills are currently being debated in Parliament for adoption. The Committee requests the Government to provide copies of these two laws as soon as they have been adopted.