Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2236 (Indonesia) - Complaint date: 25-NOV-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 107. The Committee last examined this case, which concerns allegations of anti-union discrimination by the Bridgestone Tyre Indonesia Company against four trade union officers suspended without pay, at its March 2008 meeting [349th Report, paras 139–144]. On that occasion, the Committee once again requested the Government to institute an independent investigation at the enterprise and with the workers concerned to determine whether they have been the subject of anti-union discrimination and, if the allegations are found to be true, but the trade union officers have already received formal notification of their dismissals, to ensure, in cooperation with the employer concerned, that the trade union officers are reinstated or, if reinstatement is not possible, that they are paid adequate compensation such as to constitute sufficiently dissuasive sanctions, taking into account the damage caused and the need to avoid the repetition of such acts in the future. In addition, with regard to the two proceedings regarding anti-union discrimination and dismissal of four trade union officers, the Committee requested the Government to keep it informed of the decision of the Supreme Court with respect to the appeal made by these trade union officers on the decision of the National Administrative High Court, and to transmit all relevant texts. Finally, noting the Government’s indication that a collective labour agreement had been entered into between a new bargaining team and the company, the Committee requested the Government to transmit a copy of the agreement without delay, as well as a copy of the decision of the Central Committee for Labour Dispute Settlement which had apparently replaced the union’s old bargaining team.
2. 108. In a communication of 18 September 2008, the Government indicates that, as previously indicated, the P4P lodged an appeal against the decision of the State Administrative High Court of Jakarta before the Supreme Court but the case of the dismissal of the four trade union officers has not been examined so far, despite efforts from the Ministry of Manpower to speed up the examination as a priority.
3. 109. The Committee once again notes with regret that the Government provides no substantially new information in reply to the Committee’s previous requests.
4. 110. The Committee recalls once again that there is no real prospect of having the complainant’s grievance of anti-union discrimination examined by the courts; more than six years have elapsed since this complaint was first brought to the courts, without any reported progress in light of the apparent impasse in these proceedings due to the absence of the former Director-President. The Committee once again emphasizes that respect for the principles of freedom of association clearly requires that workers who consider that they have been prejudiced because of their trade union activities should have access to means of redress which are expeditious, inexpensive and fully impartial [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 820]. The Committee once again requests the Government to institute an independent investigation at the enterprise and with the workers concerned to determine whether they have been the subject of anti-union discrimination and, if the allegations are found to be true, but the trade union officers have already received formal notification of their dismissals, to ensure, in cooperation with the employer concerned, that the trade union officers are reinstated or, if reinstatement is not possible, that they are paid adequate compensation such as to constitute sufficiently dissuasive sanctions, taking into account the damage caused and the need to avoid the repetition of such acts in the future. The Committee requests to be kept informed of developments in this respect.
5. 111. With respect to the proceedings concerning the dismissal of the four trade union officers, the Committee notes once again that the Government approached the Supreme Court informally to ensure that a decision will be rendered soon but the issue is still pending. The Committee once again expresses the firm hope that the Supreme Court will issue its decision without further delay and requests the Government to keep it informed in this respect, and to transmit all relevant texts. The Committee also recalls that it has expressed regret at the fact that the two court proceedings – on anti-union discrimination and dismissal – went ahead simultaneously and once again requests the Government to confirm that no decision in favour of dismissal will be enforced prior to the resolution of the question of anti-union discrimination.
6. 112. Finally, the Committee notes with regret that the Government once again fails to provide any further information on the decision of the Central Committee for Labour Dispute Settlement to replace the union’s old bargaining team, which led to the adoption of a new collective labour agreement. The Committee once again requests the Government to transmit a copy of the collective bargaining agreement and the Central Committee decision without delay.