RI system 'conducive' to labor movement

Mon, 09/08/2008 10:55 AM  |  National

Ten years ago this month, Indonesia ratified the ILO Convention No. 87/1948 on freedom of association and workers' rights to organize under Law No. 21/2000 which has given birth to three major union confederations, 87 federations and more than 3,000 company-level union groupings nationwide. ILO executive director of labor standards Kari Tapiola, who witnessed the convention's ratification, shared last week with The Jakarta Post's Ridwan Max Sijabat his observations and comments on the Indonesian labor union movement in the past decade.

Question: How do you observe the development of the labor union movement in the past 10 years? Do you find the political system and conditions conducive to a democratic labor movement?

Answer: The political system is conducive to a democratic labor movement, but workers and unions have to decide what kind of movement they want to have. Since the ratification of the ILO Convention No. 87, that has been possible. The first reaction, which was not surprising, was fragmentation, the creation of new organizations and splits in the old. At present, some further consolidation would be helpful, as voluntary unity gives more strength to the workers.

What is your comment on the increasing number of labor unions? Are they effective in improving the position of workers in collective bargaining with employers?

A system with two to four major national trade unions can function well if organizations can cooperate sufficiently among them. But if there are many small organizations, it is difficult to determine what the workers' collective position is. And it is difficult to negotiate efficiently with the employers, who also need representative counterparts. The fragmentation of trade unions is not in the interests of the employers either.

What is your comment on the ignorance of certain employers on the ILO convention, the interference of the security authorities in labor disputes and internal rifts among labor unions?

Some of these reactions show that industrial relations in Indonesia are still in transition. Employers should not involve the police; forces or law and order should keep out of labor relations and conflicts and workers should concentrate on negotiations. Strikes in general should only be resorted to when negotiations fail -- and even strikes should be settled by negotiation, not by force.

How has ILO responded to the reports on freedom of association violations in Indonesia? Has it issued any recommendation to the Indonesian government or has its committee of experts looked into the issue?

Since the 1950s, 14 complaints have been made altogether to the ILO's Committee on Freedom of Association. This number includes serious cases before 1998. The ILO's Committee of Experts has also made comments. Recommendations have been made in all of the cases. Five cases are currently outstanding and further information is expected by the Freedom of Association Committee. The government has either already sent this information or promised to do so. The recent issues have concerned the involvement of the military in workplace matters, dismissals of trade union members and charging trade unionists for "unpleasant acts". This concept is ambiguous and should be clarified. The ILO has also called for some amendments (sections 160 and 335) of the criminal code.

How does ILO facilitate national awareness of the fundamentals of the ILO convention, especially among employers and investors in the country?

This would be naturally done through cooperation with the Indonesian Employers Association (Apindo), which for the ILO represents the Indonesian employers. Apindo has been very active in cooperation with the ILO. We can help to develop materials and give expertise.

What is your comment on the fact that only 3.3 million out of 35 million workers in the Indonesian formal sector have unionized and only a small minority of more than 200,000 companies have signed collective labor agreements with their workers, while only 7.9 million workers have taken part in social security programs?

If about 10 percent of workers in the formal sector are organized, actually that already gives a basis for the unions to make their views heard on labor matters. In many ways, the coverage of collective bargaining agreements is a more revealing figure and if that is low, it is necessary to look at the whole wage-fixing system. The extension of social security provisions depends above all on the national authorities.

What is needed to raise the awareness of employers and workers on international labor standards such as freedom of association, collective bargaining, equal treatment, phasing out of child labor and labor protection?

Through information, seminars and integration of the implications of fundamental labor rights into different training programs (for instance in police training). Rights at work include both workers' and employers' rights.

What is ILO's contribution to workers education in improving their bargaining skills? What is the role that employers should play in improving workers' competence and productivity?

There is a big role for bipartite information and training activities, for both employers and trade union representatives. The freedom of association rights are absolute -- but the method to exercise them in practice is through dialogue and negotiation, which means finding economically and humanly viable solutions. As I already said, competent and representative trade unions are also in the interest of the employers.

Outsourcing and contract-based systems allowed by the labor law have been perceived as a major threat to the freedom of association. What is your comment?

Outsourcing can indeed be a threat if it is used to avoid negotiating with trade unions. It should not be used to weaken or bypass trade unions.

What do you think of the bipartite efforts of employers and labor unions to settle industrial disputes?

Bipartite cooperation makes tripartite cooperation and industrial relations healthy and strong. It should be strongly encouraged.

What should labor unions do in the future to maximize the freedom of association and strengthen their legitimacy in representing workers?

Labor unions should organize and seek to cooperate better with one another. Trade union rivalries always hurt the workers most.

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