Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

Referring to its previous observations, the Committee takes note of the Government's report and the follow-up information supplied by the Government on Case No. 1431, noted by the Governing Body at its May-June and November 1990 Sessions (272nd Report, para. 19 and 275th Report, para. 19).

The Committee recalls that its comments had concerned the following points:

- the absence of sufficiently specific legislative provisions to protect workers against acts of anti-union discrimination at the time of recruitment or during the employment relationship (Article 1 of the Convention);

- similarly, the absence of sufficiently detailed legislative provisions to protect workers' organisations against acts of interference by employers or their organisations (Article 2);

- the restriction on free collective bargaining whereby only federations covering at least 20 provinces and grouping a large number of trade unions may conclude collective agreements, which is contrary to Article 4.

1. Protection against acts of anti-union discrimination. The Committee notes that the Government repeats its previous statements that the provisions of Act No. 12/1964 and of Ministerial Regulation No. PER.04/MEN/1986 implementing it do provide sufficient protection at the time of recruitment and during the employment relationship, but makes no reference to the Regulation on Work Agreement mentioned in its previous report as a possible means of supplementing the existing legislation. It also notes that the Code of Conduct adopted by virtue of Ministerial Decision No. Kep.120/MEN/1988 strengthens protection against dismissal. However, the Committee would recall in this connection that Article 1 of the Convention refers to "adequate" protection, and observes that while the current legislation goes quite some way towards granting this, the compensation provisions alone are not sufficient.

The Committee accordingly requests the Government to inform it of any measures envisaged or taken to provide specific protection against acts of anti-union discrimination at the time of recruitment (for example, is an employer's refusal to engage a worker because of his union membership covered by the Code of Conduct?) and during employment (the complaints procedure apparently available in Chapter IV(3) of the provisions set out in Ministerial Decision No. Kep.1109/MEN/1986 adopting a Manual on the establishment, development and protection of workers' unions, in case of transfers, demotions and other anti-union prejudicial measures seems insufficient).

2. Protection of workers' organisations against acts of interference by employers. The Committee notes that, according to the Government, Ministerial Regulation No. PER.05/MEN/1987 is still being reviewed, and that other texts protect unions against interference by employers, namely Ministerial Decision No. Kep.120/MEN/1988 adopting a Code of Conduct for the prevention and settlement of labour disputes and Ministerial Decision No. Kep.1109/MEN/1986. The Committee requests the Government to supply information on how these two latter texts are used in practice.

3. Restrictions on collective bargaining. The Committee thanks the Government for supplying a copy of Ministerial Regulation No. 05/MEN/1987 (repealing the 1975 Ministerial Regulation criticised in previous observations). It notes with regret, however, that the new text does not substantially change the system for registration of trade unions. While it is true that the requirement that the workers' organisation be a federation has been deleted, the requirement that the labour organisation cover at least 20 provinces remains, and a further requirement has been added, namely that it covers 100 districts and 1,000 "labour units within companies" (section 2). Since Regulation No. 49 of 1954 concerning the elaboration and conclusion of collective agreements and Regulation No. Per.02/MEN/1978 on company regulations and the negotiation of an arrangement for a collective agreement both refer to registered trade unions as having the right to conclude agreements, the Committee considers that these registration requirements impose a major obstacle on the right of workers' organisations to bargain collectively. The Committee requests the Government to re-examine its legislation to bring it into conformity with the Convention, and to inform the Committee in its next report of any progress towards this.