Effect given to the recommendations of the committee and the Governing Body - Report No 364, June 2012

Case No 2737 (Indonesia) - Complaint date: 12-OCT-09 - Closed

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

1. 54. The Committee examined this case at its November 2010 meeting [see 358th Report, paras 613–643] and on that occasion it formulated the following recommendations:
   • (a) The Committee urges the Government to take without delay all necessary measures, including sanctions where appropriate, to enforce the recommendations and orders issued by the Bandung Manpower Office concerning the reinstatement of officers and members of the SPM at the Hotel Grand Aquila in Bandung.
   • (b) The Committee urges the Government to take steps, in full consultation with the social partners concerned, to amend its legislation to ensure comprehensive protection against anti-union discrimination in the future, providing for swift recourse to mechanisms that may impose sufficiently dissuasive sanctions against such acts. The Committee requests the Government to keep it informed of all steps taken in this regard.
   • (c) The Committee also requests the Government to keep it informed of any measures taken to follow up the recommendations of the National Commission for Human Rights in relation to the present case.
   • (d) The Committee requests the Government to indicate any court action taken by the District Attorney of Bandung or any sanction taken in relation to the allegation of infringement of freedom of association rights by the hotel management.
   • (e) The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 55. In its communication dated 24 August 2011, the Government recalls that following mediation procedures which took place in December 2008 (concerning dismissal of nine trade union officers) and September 2009 (concerning 119 members of the Independent Trade Union (SPM) Hotel Grand Aquila), the employer refused to follow up the mediators’ recommendations. The Government indicates that there are two groups of workers who have different positions as to how the dispute relating to their dismissals should be resolved: the first group (34 workers) did not wish to address the Industrial Relations Court to settle the dispute; with regard to the second group (59 workers), the Government informs that the Bandung District Industrial Relations Court has rejected the plaintiffs’ claim for a payment equivalent to double wages and granted only about half of the requested amount. This group of workers has filed an appeal to the Supreme Court. The Government further indicates that it is implementing and monitoring the recommendations of the National Commission for Human Rights in accordance with the procedures and mechanisms provided for by the legislation in force.
3. 56. With regard to recommendation (b), the Government indicates it has taken note of the Committee’s advice and that a review of Act No. 21 on Labour Union (2000) is being conducted.
4. 57. The Committee notes the information provided by the Government. The Committee recalls that in the framework of the previous examination of this case, it took note of the numerous Bandung Manpower Office and its mediator’s orders and recommendations directed to the hotel management for the reinstatement, with payment of wages, of nine officers and 119 members of the SPM. It further took note of the recommendation dated 7 April 2010 from the National Commission on Human Rights concerning the labour dispute between the SPM and the hotel management in which the National Commission recommended to the President of the Republic of Indonesia to instruct the relevant government official in the labour affairs department to immediately resolve the problems through the mechanism of existing law, whether civil or criminal, and to order a direct monitoring by government officials to ensure that workers’ rights to freedom of association at the Hotel Grand Aquila in Bandung are ensured and protected. The Committee notes the Government’s general statement that the recommendations of the National Commission for Human Rights are being implemented. It understands from the Government’s communication that faced with the employer’s refusal to comply with the above recommendations, a group of 59 workers filed a case with the Industrial Relations Court, while another group (34 workers) preferred not to file such a complaint. The Committee notes that the first group, unsatisfied with the decision of the Industrial Court as to the monetary amount to be paid to the dismissed workers, filed an appeal with the Supreme Court. The Committee understands, therefore, that 128 workers (nine officers and 119 members of the SPM) have not yet been reinstated. It observes that over three years have passed since the first recommendation to the hotel management on the dispute and that letters of reprimand were also sent reminding of sanctions in case of non-compliance, without result to date. The Committee once again recalls that the ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government. It therefore once again urges the Government to take without further delay all necessary measures to enforce the recommendations and orders issued by the Bandung Manpower Office concerning the reinstatement of officers and members of the SPM at the Hotel Grand Aquila in Bandung. If reinstatement is not possible due to the time that has elapsed, the Committee requests the Government to ensure that these workers are paid adequate compensation so as to constitute a sufficiently dissuasive sanction against such acts. It further requests the Government to indicate concrete steps taken to implement the recommendations of the National Commission for Human Rights in relation to the present case and to indicate any court action taken by the District Attorney of Bandung or any sanction taken in relation to the allegation of infringement of freedom of association rights by the hotel management. It requests the Government to keep it informed in this respect.
5. 58. The Committee notes the Government’s indication that it is conducting a review of Act No. 21 of 2000, the Committee expects that the necessary steps will be taken, in full consultation with the social partners concerned, to amend its legislation to ensure comprehensive protection against anti-union discrimination, providing for swift recourse to mechanisms that may impose sufficiently dissuasive sanctions against such acts. It requests the Government to provide information on steps taken in this regard to the Committee of Experts on the Application of Conventions and Recommendations, to which it refers legislative aspects of this case.