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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 107. The Committee examined this case, which concerns alleged acts of anti-union discrimination and refusal to negotiate by the PT Securicor Indonesia, at its November 2007 meeting [348th Report, approved by the Governing Body at its 300th Session, paras 943–966]. On that occasion, the Committee made the following recommendations:
- (a) Recalling that no one should be penalized for carrying out or attempting to carry out a legitimate strike, the Committee requests the Government to specify the circumstances under which only 24 out of 308 workers were finally reinstated pursuant to their dismissal for having participated in the strike which began on 25 April 2005. Also, noting that legislation must establish sufficiently dissuasive sanctions against acts of anti-union discrimination to ensure the practical application of Articles 1 and 2 of Convention No. 98, the Committee requests the Government and the complainant to give their views on whether the payment received by the workers on the basis of the agreement of 28 July 2006 is apt to serve as a sufficiently dissuasive sanction against any future acts of anti-union discrimination by the employer.
- (b) The Committee requests the Government to indicate whether the charges brought against the union President Fitrijansjah Toisutta and members Tri Muryanto and Edi Putra for committing “unpleasant acts” against the Securicor/Group 4 Falck company are pending before the courts or whether the charges have been dropped. In the event that this matter is still before the courts, the Committee requests the Government to institute an independent inquiry into this matter and, if it is found that the charges were brought for having organized or participated in the peaceful strike which began on 25 April 2005, to ensure that they be dropped immediately and to keep it informed of developments in this respect.
- 108. In a communication dated 7 January 2008, the Government indicates that 46 out of the 308 workers who had been reported to the Committee have decided to resign with compensation. On the remaining 262 workers (238 of which are workers of Securicor Co., Jakarta, and 24 workers of Securicor Co., Surabaya), the Government indicates that the Central Committee for Industrial Dispute Settlement (P4P) decided to order their reinstatement and the company failed to obtain permission to dismiss them. This decision has been endorsed by the Supreme Court. During the period of execution of the Supreme Court decision, the parties carried out negotiations and agreed on 28 July 2006 that the workers in question would voluntary consent to their dismissal and receive compensation amounting to twice the compensation provided for in the applicable laws. By the same agreement, the parties agreed to mutually withdraw all civil and penal proceedings initiated against the other party. Thus, the issue of proceedings instituted against Fitrijansjah Toisutta, Tri Muryanto and Edi Putra has been settled.
- 109. The Government adds that it accords high importance to the principles of freedom of association and protection against anti-trade union discrimination. Therefore, section 28 of Act No. 21 of 2000 prohibits all forms of anti-union discrimination and provides for penal sanctions and pecuniary penalties. Moreover, the Government has carried out various programmes to improve understanding of freedom of association principles by the stakeholders and build capacities. Among others, a programme has been focused on the Indonesian National Police. The Government finally indicates that it encourages social dialogue at all levels, i.e. province, district, national, conducted through tripartite cooperation institutes, committees or forums.
- 110. The Committee takes note of this information.
