A new labor law<\/p>\n
Despite persisting controversy, the labor law which the House
\nof Representatives unanimously approved on Thursday after months
\nof public debate, unquestionably contains some significant
\nimprovements over the draft as it was initially presented by the
\ngovernment. To mention a few examples, the new labor law
\nrecognizes the right for workers to go on strike, albeit with
\ncertain provisions. Also, workers are allowed to form labor
\nunions in their respective factories or workplaces, and payment
\nby employers of certain benefits, such as Lebaran bonuses, is
\nmade compulsory.<\/p>\n
Although the principle of a balanced approach which recognizes
\nboth the rights of the worker and the interests of the employer
\nis generally accepted, the earlier draft was felt by critics to
\nbe too heavily in favor of employers. The initial draft, for
\ninstance, allowed employers to withhold payment of wages to
\nworkers who went on strike. Further, the earlier draft stipulated
\nthat workers' unions could be formed in factories or workplaces
\nonly when they are supported by the majority of workers.<\/p>\n
This new law's very recognition of the basic right to strike
\nis a step in the right direction. It does, however, state that
\nthis right may only be exercised within the confines of the
\nfactory or workplace in which they have a dispute with the
\nmanagement. Similarly, the provision that workers can form trade
\nunions only at their own places of work but not outside is seen
\nas an improvement.<\/p>\n
Seen in this light, the support that has been given to the new
\nlaw by representatives of the government-sanctioned All-Indonesia
\nWorkers Union Federation (FSPSI), is understandable. On the other
\nhand, it cannot be denied that, despite all the improvements, the
\nnew labor law as passed by the House of Representatives on
\nThursday, still heavily curtails the free exercise of workers'
\nbasic rights. Under its provisions, solidarity strikes by
\noutsiders -- which are an important weapon for workers -- are as
\ngood as impossible to hold. Also, workers must notify both their
\nemployers and the government at least 72 hours in advance before
\nthey go on strike.<\/p>\n
The new law also requires trade unions to register themselves
\nand the names of all their members with the Ministry of Manpower.
\nFurthermore, by confining strikes to one place only -- the
\nfactory or workplace where the dispute festers -- the new law
\nmakes it difficult, though presumably not impossible, for workers
\nor labor activists to set up independent trade unions such as,
\nfor example, the unsanctioned Indonesian Prosperous Labor Union
\n(SBSI). Hence the criticism voiced by activists that the new
\nlabor law, even in its revised and improved form as passed on
\nThursday, fails to guarantee workers' most basic rights.<\/p>\n
Amid all this controversy, the government's intentions are
\nclear enough. They realize as well as anybody else that --
\nhumanitarian considerations aside -- tranquility on the labor
\nfront is vital for maintaining the stability that is necessary to
\nensure continual development. On the other hand, obviously,
\ninvestors and employers need too to be assured that their
\nbusinesses will not be constantly disrupted by labor strikes.<\/p>\n
Hence, the new labor law may be viewed as a compromise between
\ntwo related but often opposed interests. Obviously, under the
\ncircumstances few parties, if any, will be entirely satisfied
\nwith the product. As for the part which our House of
\nRepresentatives has played in the process, the great
\ntransformation which the bill has undergone from first draft to
\nfinal form is indication enough that our national legislature
\nhas, for once, done a pretty good job -- or at least the best
\npossible job, under the circumstances.<\/p>\n
No doubt, in time, further improvements may be made as
\ndevelopments dictate. Laws, after all, are not scriptures that
\nman cannot change for the better.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/a-new-labor-law-1447899208",
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"sponsor": "Okusi Associates",
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