Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

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

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

1. 145. 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 (FKUI), the anti-union dismissal of 11 trade union members, including all the officials, and acts of intimidation against employees, at its May–June 2007 meeting. On that occasion, the Committee noted with regret that two-and-a-half years had elapsed since the decision of the Central Committee for Labour Dispute Settlement ordering the payment of severance pay to the 11 dismissed workers without any progress made in securing its execution and urged the Government to take the necessary measures to ensure by all appropriate means that the decision is complied with. Noting moreover the Government’s indication that the company had apparently ceased its operations, the Committee also requested the Government to verify and inform it of the company’s operational status [see 346th Report, paras 72–74].
2. 146. In a communication of 21 September 2007, the Government states that efforts were made in order to verify the status of the company. The Office Responsible for Manpower Issues of the District of North Jakarta will keep the Government informed of the progress of the investigations. After their completion, the Government will be in a position to request the employer to pay compensation through the District Court of North Jakarta.
3. 147. The Committee notes from the Government’s report that the Manpower Office of the District of North Jakarta is in the process of investigating the status of the company so that the Government may be in a position to secure the execution of the decision of the Central Committee for Labour Dispute Settlement which ordered the payment of severance pay to the 11 dismissed workers in August–-November 2004. The Committee notes with regret that more than three years have elapsed since the decision of the Central Committee without any progress made in securing its execution and recalls once again that justice delayed is justice denied. The Committee once again urges the Government to take the necessary measures to ensure by all appropriate means the rapid conclusion of the investigation over the status of the company and to secure the execution of the Central Committee’s decision ordering the payment of severance pay to the 11 dismissed workers. The Committee requests to be kept informed in this respect.