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

Case No 2441 (Indonesia) - Complaint date: 18-JUL-05 - Closed

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

1. 148. The Committee last examined this case, which concerns anti-union dismissal, harassment of and threats of violence against trade union leaders, and shortcomings in the legislation at its May–June 2007 meeting, where it requested the Government to: take necessary measures to reinstate Mr Sukamto without loss of wages or benefits; review section 158(1)(f) of the Manpower Act of 2003 to ensure that the term “gross misconduct” is not interpreted so as to include legitimate trade union activities; and conduct an independent investigation without delay into the allegations of harassment, threats and defamatory statements with a view to clarifying the facts, determining criminal responsibility, if any, and punishing those responsible. The Committee requested the Government to keep it informed of developments in this regard, including any court decisions handed down with regard to Mr Sukamto [see 346th Report, paras 75–81].
2. 149. In a communication dated 21 September 2007, the Government indicated that the matter is pending before the Supreme Court. A final decision will be delivered soon and communicated to the Committee.
3. 150. The Committee recalls once again the circumstances surrounding Mr Sukamto’s dismissal, which have never been contested by the Government. Mr Sukamto was dismissed due to the recommendation he made to the workers in respect of the employer’s proposal on a wage increase. It was in this context that the Committee had requested the Government to ensure his reinstatement and to review the Manpower Act in force so as to ensure that the term “gross misconduct” may not be interpreted so as to include legitimate trade union activities [see 342nd Report, para. 620].
4. 151. In these circumstances and recalling moreover the seriousness of the matters raised in the present case, the Committee once again strongly urges the Government to take immediate steps to implement all of its previous recommendations and, in particular, to reinstate Mr Sukamto without loss of wages or benefits; review section 158(1)(f) of the Manpower Act of 2003 to ensure that the term “gross misconduct” is not interpreted so as to include legitimate trade union activities; and conduct an independent investigation into the allegations of harassment, threats and defamatory statements with a view to clarifying the facts, determining criminal responsibility, if any, and punishing those responsible. The Committee requests the Government to keep it informed of developments in this regard, including any court decisions handed down with regard to Mr Sukamto.