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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 113. 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 March 2008 meeting. On that occasion, the Committee noted with regret that more than three years had elapsed since the decision of the Central Committee for Labour Dispute Settlement ordering the payment of severance pay to the 11 dismissed workers without any progress made in securing its execution and urged the Government to take the necessary measures to ensure by all appropriate means that the decision is complied with. Noting moreover the Government’s indication that the Manpower Office of the district of North Jakarta was in the process of investigating the status of the company so that the Government may be in a position to secure the execution of the decision of the Central Committee for Labour Dispute Settlement, the Committee urged the Government to take the necessary measures to ensure by all appropriate means the rapid conclusion of the investigation over the status of the company and to secure the execution of the Central Committee’s decision [see 349th Report, paras 145–147].
- 114. In a communication dated 18 September 2008, the Government indicates that despite its efforts, the decision of the Central Committee for Labour Dispute Settlement ordering the payment of severance pay to the 11 dismissed workers has not been enforced. The company has ceased operations and there is no reliable information on the whereabouts of the dismissed workers.
- 115. The Committee deeply regrets this development. It recalls that the basic regulations that exist in the national legislation prohibiting acts of anti-union discrimination are inadequate when they are not accompanied by procedures to ensure that effective protection against such acts is guaranteed [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, para. 818]. Noting with regret that more than three years have elapsed since the decision of the Central Committee without any progress made in securing its execution and that justice delayed is justice denied, the Committee urges the Government to undertake negotiations with the workers concerned with the aim of finding a mutually acceptable solution to their situations and to keep it informed of developments in this regard.
