- The President of the Republic of Indonesia
- The Minister of Manpower of the Republic of Indonesia
- The Peoples' Representative Body of the Republic of Indonesia
- The National Committee for Human Rights
Your Excellencies,
On the basis of recommendations and opinions collected during the period 20 July-31July 1997 from the workers of Subabaya, Sidoardjo, Gresik, Pasuruan, Malang, Jember, Tagerang and Jakarta, regarding the New Manpower Bill, we have formulated the following:
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Regarding WAGES:
- Regarding LABOUR UNIONS
The worder's freedom to associate and to organize should be guaranteed. Therefore, only allowing us to form a labour union within the factory is tantamount to dismissing our rights.
A labour union should function to work for, protect and support the rights and needs of all workers. For this reason, the workers' rights to organize should not be limited to formulating and signing the Collective Bargaining Agreement, but should encompass the instrumental aspect of the right to organize, including representation of workers in labour dispute settlements, strikes, rallies, demonstrations, etc.
- Regarding STRIKES
For workers, the right to strike is inherent in the right to associate and organize. Therefore it should not be restricted to individual workers but should cover collective worker action through labour unions and federations of unions.
- Regarding the RIGHTS OF WOMEN WORKERS
Women workers have the right to menstrual leave and thus should not be forced to work. They should be allowed to take this leave without having to go through complicated and humiliating procedures. Women workers who are pregnant should receive 4 months of maternity leave to cover birth and breast-feeding of their babies.
Women workers should also receive protection from all forms of discrimination and harassment on the basis of gender. Thus if a woman worder is subjected to sexual harassment, she should have recourse to legal protection with appropriate punishment for the perpetrator. We recommend that such cases be brought to labour courts.
- Regarding LABOUR DISPUTE SETTLEMENT
In the case of labour disputes and/or dismissal, and when the company and/or government violate the provisions of labour legislation (for example, refusing to pay decent wages or sexual harassment of workers), resolution should go through labour courts that are efficient, open, independent, and just.
The Wage System should not be used as a means of controlling workers. We therefore reject the present system that manipulates components to punish workers. Wages should be determined according to standards for a decent living, meaning that wages should be sufficient to support a worker and his or her family. The present formulation of the Regional Minimum Wage does not reflect these standards.
The New Manpower Bill does not contain the items presented herein and thus, in order to avoid unrest among the workers and conflict with the government, we, the Regional Labour Network for East Java and Jabotabek submit to the following:
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We reject the New Manpower Bill which is currently being debated in the Peoples' Representative Body and DEMAND THE SPEEDY FORMATION OF A LABOUR COURT.
- The New Manpower Bill should improve existing labour legislation that is inimical to labour
- The New Manpower Bill should protect workers rather than the entrepreneur/company and should be consistent with the Pancasila because the Pancasila is the source for all legislative products in Indonesia.