Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

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

1. 102. The Committee examined this case, which concerns alleged acts of anti-union discrimination and employer interference against the SP Kahutindo trade union in PT Musim Mas, at its November 2007 meeting [348th Report, approved by the Governing Body at its 300th Session, paras 907–942]. On that occasion, the Committee made the following recommendations:
   • – The Committee requests the Government to keep it informed of the status of SP Kahutindo in PT Musim Mas and of any future decision by the enterprise to re-employ the members of SP Kahutindo who were dismissed as a result of the strike of September 2005, in conformity with the commitment taken by the company in this regard.
   • – The Committee once again expresses the firm expectation that the Government will take all necessary measures to establish a mechanism for the examination of allegations of anti-union discrimination and employer interference which is expeditious, inexpensive and fully impartial, and has the confidence of all parties, thus ensuring effective and comprehensive protection against such acts in the future in conformity with Conventions Nos 87 and 98. The Committee requests the Government to keep it informed of developments in this respect.
2. 103. In a communication dated 7 January 2008, the Government indicates that the Kahutindo trade union continues to exist in PT Musim Mas and signed a collective agreement with the company’s management on 8 February 2007. The agreement will remain in force until 7 February 2009. Moreover, the company is open to the re-employment of the dismissed workers who can apply for re-employment in conformity with the existing recruitment procedure.
3. 104. The Government refers to the available mechanisms for the resolution of disputes and the measures taken to promote freedom of association principles and protection against anti-union discrimination. It also indicates that a programme entitled “Social Dialogue for Economic Growth and Principles and Rights at Work” is under way to provide training and technical guidance and counselling so as to improve capacities and the quality of mediation and conciliation in the Provinces of Jakarta and Kepulauan Riau. Another “Declaration Project on Promoting and Realizing Fundamental Principles and Rights at work” has been focusing on the Indonesian Police Department. These programmes have been designed to foster understanding by stakeholders and improve capacity building. Social dialogue has also been taking place at regional, province, district, city and national levels.
4. 105. The Committee takes note of the information communicated by the Government with regard to the continued existence of SP Kahutindo in PT Musim Mas, the signing of a collective agreement and the company’s statement that it is open to re-employing the dismissed workers in conformity with existing recruitment procedures. The Committee expects that all dismissed workers still desiring re-employment will be effectively re-employed.
5. 106. The Committee also observes that the legislative aspects of the case are being followed up by the Committee of Experts on the Application of Conventions and Recommendations.