Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes with concern the gravity of the allegations of anti-union measures submitted to the Committee on Freedom of Association in Case No. 1773, and the conclusions of the Committee in March 1995 (see 297th Report, approved by the Governing Body at its 262nd Session), in March 1996 (see 302nd Report, approved by the Governing Body at its 265th Session) and again in November 1996 (see 305th Report, approved by the Governing Body at its 267th Session).

Under these conditions, the Committee is bound to repeat its observation concerning the following points:

- the need to strengthen the protection of workers provided by section 3(a) of the Guidelines for the Establishment and Building of a Worker Union in a Company (Decree No. 438/MEN/1992), against acts of anti-union discrimination at the time of recruitment or during the employment relationship (including dismissal and other forms of prejudicial action, such as transfers or demotions) accompanied by sufficiently effective and dissuasive sanctions (Article 1 of the Convention); - the need to adopt specific legislative provisions to protect workers' organizations against acts of interference by employers or their organizations with regard to their establishment, functioning or administration, and particularly against acts of interference intended to promote the establishment of workers' organizations under the domination of employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations, since Decree No. 438/MEN/1992 does not contain any provision to this effect (Article 2); - the restriction on free collective bargaining still imposed by Regulation No. 03/MEN/1993 on registered trade unions, whereby only workers' organizations covering at least 100 units at the plant level, 25 organizations at the district level and 5 organizations at the provincial level, or 10,000 members throughout Indonesia, may conclude collective agreements; - the restrictions imposed on the right of public servants to bargain collectively.

Furthermore, the Committee once again requests the Government to provide a copy of Act No. 8 of 1974, which regulates the terms and conditions of employment of public servants.

The Committee reminds the Government that the ILO is at its disposal to provide technical assistance and expresses the firm hope that the Government will provide information in its next report on the measures which have been taken in practice, in the very near future, to bring its law and practice into conformity with the provisions of the Convention. It also requests the Government to indicate the measures taken, in particular: to strengthen the protection of workers against acts of anti-union discrimination, enforced by sufficiently effective and dissuasive sanctions; to adopt specific provisions to protect workers' organizations against acts of interference by employers or their organizations; and to eliminate the restrictions imposed on free collective bargaining.

[The Government is asked to supply full particulars to the 85th Session of the Conference.]