Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Requirements and procedures with regard to collective agreements. The Committee once again requests the Government to transmit the text of Ministerial Decision No. 48/Men/2004, which according to previous information provided by the Government, has been adopted pursuant to section 133 of the Manpower Act in order to specify the requirements and procedures for making, extending, changing and registering a collective work agreement.

Federations and confederations. In its previous comments, the Committee had requested the Government to indicate whether federations and confederations had the right to collective bargaining. The Committee notes from the Government’s report that the parties entitled to sign a collective agreement are the plant level trade union and the respective company. The Committee recalls that the right to bargain collectively should be granted to federations and confederations and that the choice of bargaining level should be made by the partners themselves since they are in the best position to decide this issue [see General Survey on freedom of association and collective bargaining, 1994, para. 249]. The Committee requests the Government to indicate in its next report the measures taken or envisaged so as to guarantee the right of federations and confederations to engage in collective bargaining and allow the parties freely to decide the level at which negotiations should take place.