Court ruling on HongkongBank unionists stands
Court ruling on HongkongBank unionists stands
JAKARTA (JP): The only resort left for 11 dismissed
HongkongBank unionists is to appeal to the Jakarta Administrative
High Court, a Ministry of Manpower official says.
I Wayan Nedeng, head of the Ministry's arbitration body which
issued the decision on Sept. 30, said the ruling stands because
the minister had not vetoed the decision within 14 days.
"But the employees can still appeal within 90 days," he said.
He was responding to a request from an international union
based in Geneva, Switzerland, which asked Minister of Manpower
Abdul Latief to annul the decision.
A union representative said the decision violates
International Labor Organization conventions on the right to form
unions and to set collective labor agreements.
Christopher Ng, regional secretary of the Apro-FIET union,
said the organization had launched a campaign in solidarity of
HongkongBank employees.
Apro-FIET is the Asia Pacific regional organization of the
International Federation of Commercial, Clerical, Professional
and Technical Employees.
Wayan defended the decision, which critics said was illegal.
Lawyer Abdul Hakim Garuda Nusantara and unionists referred to a
1996 ruling which forbids union executives or members of a team
who are negotiating with the management to be dismissed.
The 11 unionists, chaired by Ugianto, were negotiating a new
collective labor agreement with the management. A strike
involving 189 employees erupted in April when employees heard the
unionists were about to be dismissed.
Wayan stressed the decision permitted the management of the
Hongkong and Shanghai Banking Corp.Ltd. to dismiss Ugianto and
his colleagues in their capacity as individual employees
responsible for instigating the strike.
"So the decision is not against the law," he said.
He said their roles as employees and union executives could be
separated, but did not elaborate.
He denied allegations the ruling contradicted the body's
earlier that the management must reinstate the 189 employees.
"We clearly separated those involved in the strike and those
responsible for instigating it," he said.
The management appealed to the Jakarta Administrative High
Court, and many of the workers remain unemployed. Others have
either found other jobs or have agreed to voluntary retirement
offers.
Wayan denied the body's ruling had virtually dissolved the
union.
The arbitration body voted on the decision consensus could not
be reached. All five members of the All-Indonesia Workers Union
Federation rejected the decision, he said.
Other members of the body are five members representing
employers, and five others from the government.
The decision also said the strike violated procedures.
According to a 1957 dispute settlement law the arbitration body's
regional board must be notified of a strike three days before it
starts. The regional board must then notify the central board,
Wayan said.
In the case of the Hong Kong Bank strike, the arbitration
body's Jakarta boards was only notified one day before the strike
occurred on April 17, he said. (anr)