Effect given to the recommendations of the committee and the Governing Body - Report No 348, November 2007

Case No 2451 (Indonesia) - Complaint date: 15-SEP-05 - Closed

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

1. 124. The Committee examined this case – which concerns allegations of dismissals of 58 trade union members at the PT Takeda Indonesia enterprise in retaliation for their request to negotiate with regard to the enterprise’s failure to honour the collective agreement signed with the Pharmaceutical and Health Workers’ Union “Reformasi” (FSP Farkes/R) at the Bekasi worksite – at its November 2006 meeting [see 343rd Report, paras 906–928]. On that occasion, the Committee took note of the settlement reached between the parties, regretted to observe that the authorities appeared to have acted in this case uniquely as a mediator without fully investigating the allegations of acts of anti-union discrimination and requested the Government to provide information on the actual state of collective bargaining in the PT Takeda Indonesia enterprise and to transmit a copy of the collective agreement in force.
2. 125. In communications dated 8 March and 21 September 2007, the Government indicates that the case was settled in accordance with the legal provisions in force in the Republic of Indonesia. The Government sent a fact-finding mission to the company and found that all the dismissed workers had received the severance pay ordered by the Central Committee for the Settlement of Labour Disputes (P4P). Moreover, it was found that in November 2006 a new collective agreement was reached between the enterprise and the complainant union which came under new leadership. The Government attaches a copy of the collective agreement which has a duration from 5 January 2006 to 4 January 2008. The collective agreement addresses the terms and conditions of employment in the enterprise, including the issue of wages (Chapter VI, articles 23–34 contain provisions on basic wages, meal allowance, transport allowance, religious day allowance, bonus, etc.).
3. 126. The Committee takes note of this information.