COUNTRY REPORT
SERIKAT PEKERJA NASIOLAN (SPN)/
NATIONAL INDUSTRIAL WORKERS UNION’S FEDERATION (NIWUF)
INDONESIA
ILS TRAINING ILO-TURIN
POLITIC SITUATION
Many years ego, President was elected by Parliament Members or Legislative through the
Political Parties, but when Megawati became Indonesian President since June 21, 2001 –
October 20, 2004 her government changed the general election system to choose Parliament
Member, Legislative Member and President. In this role, the citizen who are 17 a have age
choose Legislative members & President directly. Then in 20 September 2005, the
Government holds the first general election that finally succeeds to choose Mr. SBY President
& Mr. Yusuf Kalla as Vice President.
When Megawati leaded the government, she had proclaimed friendly investment program with
expectation to invite new investors to come to Indonesia to solve unemployment and to
recovery Indonesia economic problem. To support this program Megawati’s government were
legalized 3 (three) new labor laws ACT. No. 21 Year 2000, Concerning Trade Unions, ACTS.
No. 13 Year 2003, Concerning Manpower and ACT No. 2 Year 2004, Concerning Industrial
Relations Disputes Settlement. All of them are good for investors/employers but in reality they
were not good to the workers, because since those labor acts were published by Megawati’s
government lot of workers had been lost their job and working condition were getting worse.
That’s why when the general election was held most workers didn’t vote for Megawati and her
Politic Parties, but they voted for Mr. Bambang Widhoyono and Mr. Yusuf Kalla hoping that
Mr. Bambang Yudoyono Government can bring the Indonesian economy to be better and make
labor workers protection better then before. But what happened at the beginning Bambang
Yudhoyono and Yusuf Kalla government?, he was pulled out the gas/oil subsidy and it made
the price of everything jump-up and made workers life getting difficulties because lots of
companies should close and fire their workers. Workers also made wrong predictions last year,
because Mr. Bambang Yudoyono government tried to reform the labor Act No. 13 Year 2003,
but the drafting content of the labor Act. Reform was instead worse then labor Act No. 13 Year
2003 and the reason was to invite new foreign investors to come to Indonesia, but this
government was refused by almost Indonesian Workers Union, and organized a
demonstration/really in everywhere such as in Regencies/District, Region and National and
was mobilized by SPN and Indonesian Trade Union Congress (ITUC) since February, 2006
and cumulated on May 1, where SPN and ITUC mobilized around 150.000 members in front
of Parliament office. SPN/NIWUF also succeed invited the District/Regency and Regional
Parliament Members joint that really and refused the labor Act. Reform except government
provide friendlier for workers.
Finally government cancel reformed plan. SPN/NIWUF
decided to decline from Three Partite Institution in every level and the reason is government
often uses this Institution only formality to legalize government polices, even if the policy will
harm workers and trade union.
HUMAN RIGHT
During 2002 – 2006 lot of contravened of workers right’s, especially in multinational
vendor/sub-contract companies. Government bureaucracy officers also contravened Human
Right/worker right’s such as that government was never serious to erected law-enforcement,
although employers contravened labor Act and did not obey labor regulations government do
nothing to force them to obey the labor Act. Or labor regulations, such as still lot of workers
had been fired when they tried to form union or gotten intimidation when they joint union.
Moreover lot of union leaders had been fired when union leaders ask to negotiate and tried to
sent CBA drafting, but government never take action against the employers.
THE TEXTILE, SHOES AND CLOTHING INDUSTRIES
In last three years the textile sectors getting buried especially after MFA revocation. Lot of
textile companies be force to closed because almost the material were imported and also
because they had have only the old machines that’s means is not efficient dan productive
anymore. While Shoe and leather sector, didn’t face a difficult situation before or after MFA
revocation because majority shoes or sportswear companies are sub-contract vendor of
multinational companies. However is does not means that in this sector no problems, SPN had
been lost lots of members in this sector, multinational companies changed their sub-contract,
or the supply companies tried to change their workers status from permanent workers become
irregular workers. This strategy was made to eliminated union and to avoid workers right’s and
easy to dismiss the workers. Until now SPN still face lot of cases in this sector even if the
companies is the supplier for famous brands, such as Nike, Adidas, Gap and other brands.
Whereas in clothes/garment sector the working condition was really sadden, lot of workers
right’s contravene such as child labor, long time working hours, almost union are yellow
unions and the working mechanism was decided as unilateral by the employers, for example
targeting system, irregular workers, work contracted, and lot of companies had been sourcing
their production to family industry/home industry or hired the workers from several labor
supplier companies, it’s means that workers don’t have any relation with main companies.
Most companies in this sector are supply chance of multinational brands but the working
conditions and also workers right’s implementation it was really bad and MNC as if they never
know about this, but actually they really know. So even if they have CoC but in majority
where the multinational have been produce there are
lot of workers right’s contravene
especially right to organized and right to negotiate.
DEVELOPMENT WAGES AND WORKING CONDITION
Since the minimum wages was implemented in Indonesia there no development, moreover
which happened is power buying reduction. Although every year the minimum wage was
increased but it never balance happened. Because the inflation is growing-up. Also working
condition, the weakness monitoring by government had been made in fact there is a deduction
happened the working condition getting worse.
International Labor Standard
Indonesia have been ratification almost the ILO Fundamental Conventions such as were
Freedom of Association and The right To Collective Bargaining (Conventions No. 87 and 98),
Elimination of Force Labor (Conventions No. 29 and 105), Elimination of Discrimination
(Conventions No. 100 and 111), Elimination of Child Labor (Conventions No. 138 and 182).
But in reality still lots of companies did not respect and did not implement it. This happened
because weaknesses of the law enforcement and also because lots of employers and workers
don’t really understand about the ILO/ILS.
For example in many Multinational Companies
such as Nike, GAP, ADIDAS, REBOKS, but their inclined contravene the workers right’s with
covered by Code of Conduct, such as working hour and over time. According to Indonesian
labor act that working time are 40 hours/week + maximal 12 hours over time/week. But because
the Code of Conduct regulated 60 hours/week so be valid is 60 hours/week moreover some
companies work more 24 hours a day especially in garment sectors. Other contravene which
have been done by multinational supply chance is right to organized. Although freedom for
organize were guaranteed in ILO convention number 87/ Indonesian labor law and Code of
Conduct but by Corporate Social Responsibility (CSR) multinational companies as though that
bipartite have a role as union even if the bipartite members were pointed by management. Other
cases until now still lot of multinational supply chance refused union and intimidate union’s
leader or workers when they join union or created union and multinational companies always
tried to liberate responsibly. So freedom for organized and right to negotiate in multinational
companies only lip services because when workers or union reported them about of supply
chance contravene on workers right’s and right to negotiate they instead pull-out the order,
that’s mean the workers will lose their.
Also about child labor, even if in textile, clothes and shoes companies not found any child
labor, but in home industry usually there a lot of child labor and they don’t have any protection
or their right because they argue that children who work at home only want to help their
parents. Especially since Indonesia government legalized product outsourcing, possibility
number of child labor at home/family industries is growing-up.
While in free trade zones such as Batam and government plan to open new free trade zone
that in Bintan Island. it’s really potential to workers rights contravene. Major investors come
from Singapore and the production almost multinational brands.
ORGANIZATION PROFILE
1. Organization Name : Serikat Pekerja Nasional Indonesia SPN/National
Industrial Workers Union’s Federation
2. Total Worker Base On Sector:
a. Textile
b. Shoes
c. Clothes
: 5.524.560
: 392.000
: 353.590.
Sourer-BPS
Sources APRINSIDO (employer associations)
Source: BPS
3. Total Companies :
- Textile, 3.937
- Shoes,
- Clothes, 861
4. Total Member:
a. Textile, 202.932
b. Shoes, 92.571
c. Clothes, 131.263
Male 82.542, Female 120.390
Male 25.091, Female 67.480
Male 26.688, Female 104.575
NATIONAL LEVEL
Regionel Level
Regionel Level
Branch/District
Level
Regionel Level
Branch/District
Level
Branch/District
Level
Plant Level
Plant Level
MEMBERS
Plant Level
SPN/NIWUF EXISTENCES
At this moment SPN existences had calculated enough in Indonesian trade union, government
and also employers’ arena, since SPN as explicit and mobilized rally in every District/Regions,
Provinces and National Level to refuse labor act revision, especially when SPN/NIWUF
refused to be a membership of the Three Partite Institution in every level. The reason why SPN
don’t want to be a membership of Three Partite Institution is because this institution often only
legalized the government policies, although the policies will harm workers and trade unions.
Moreover since SPN/NIWUF succeed mobilized around 150.000 workers joint the May 1
demonstration where that demonstration also was succeed to draw out the community
sympathy around 30.000 workers from, Lampung, Kalimantan, Aceh declare want to join
SPN. By National Executive Meeting last month SPN also plan to organized or mobilize
another rally/demonstration to force the government to implement law enforcements so that
justice will happen in Indonesia.
IT Technology USES
Since 3 year ago SPN/NIWUF have been use the internet as a tool to network at national
although international, campaigns and also to communicate with unions members.
Jakarta, 12 January 2007
By
Darlina Lumban Toruan