Effect given to the recommendations of the committee and the Governing Body - Report No 343, November 2006

Case No 2336 (Indonesia) - Complaint date: 11-MAR-04 - Closed

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

1. 101. 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 2006 meeting. On that occasion, the Committee: (1) once again requested the Government to take the necessary steps to ensure trade union recognition and encourage collective bargaining in good faith between the company and the plant-level F-KUI trade union; (2) requested the Government to continue to take all necessary measures to obtain the execution of the Central Committee for Labour Dispute Settlement’s decision ordering the payment of severance pay to the 11 dismissed workers, and to keep it informed in this respect; and (3) urged the Government to adopt sufficient mechanisms for preventing and remedying acts of anti-union discrimination, in particular by ensuring that such allegations are examined in the framework of national procedures that are prompt, impartial and considered as such by the parties concerned [see 340th Report, paras. 114-119].
2. 102. In a communication dated 9 June 2006, the Government indicated that efforts had been made via the police authorities, as well as by placing the related employer on the Wanted Persons List (Daftar Pencarian Orang/DPO) in order to secure payment of severance pay for the 11 dismissed workers.
3. 103. The Committee notes the information provided by the Government. The Committee recalls that the Government had previously encountered difficulties in obtaining the execution of the Central Committee’s decision ordering severance pay for the 11 dismissed workers. It notes with concern that in spite of the ongoing efforts of the Government the 11 dismissed workers have still not received their severance pay and urges the Government to take all necessary measures to ensure that this decision is complied with. The Committee requests to continue to be kept informed in this respect.
4. 104. The Committee regrets that the Government has provided no information on the measures taken to ensure trade union recognition and encourage collective bargaining in good faith between the company and the plant-level F-KUI trade union. The Committee recalls that it had previously taken note of information indicating that the company was opposed to the establishment of a trade union, and that no collective agreement had been entered into by the parties [see 340th Report, para. 117]. In this connection, the Committee requests the Government to inform it of the steps taken to ensure trade union recognition and encourage collective bargaining in good faith between the company and the plant-level F-KUI union.
5. 105. Finally, regretting that the Government has provided no information on the measures taken to adopt sufficient mechanisms for prevention against acts of anti-union discrimination, the Committee draws this legislative aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.