Government submits two more labor bills to House

Government submits two more labor bills to House

JAKARTA (JP): The government submitted on Thursday to the
House of Representatives two bills on labor protection and
settlement of industrial disputes in a bid to provide both
workers and employers with legal certainty.

Minister of Manpower Bomer Pasaribu said the bill on
settlement of industrial disputes would replace the outdated 1957
law which was considered ineffective to address disputes pitting
workers against their employers.

"The law regulates a special and long procedure in labor
dispute settlements. The new bill is intended to return the
special dispute settlement procedure to the judiciary, in which
only the court and the Supreme Court hold the authority to try
labor disputes," he said in the House plenary session presided
over by House Deputy Speaker Muhaimin Iskandar.

Bomer said the present official procedure of industrial
dispute settlements had no legal certainty and both employers and
workers are allowed to appeal to district courts even though
their disputes are decided by the Committee for the Settlement of
Labor Disputes (P4). They are also allowed to sue state officials
in the State Administrative Court over their policies while the
manpower minister can veto P4's decisions.

"Many industrial disputes have been left spiraling out of
proportion and P4's decisions lack legal certainty because of
prolonged legal battles," he said. He suggested that the P4 be
dissolved once the bill takes effect.

The new bill stipulates the establishment of a special court
to try labor cases and parties would no longer be allowed to
appeal to higher courts. But the Supreme Court will be allowed to
review the special court's decisions.

The trial of industrial disputes is limited to 90 days while
the session to review the verdict by the Supreme Court is
restricted to 30 days at the longest.

"And the manpower minister will have no authority to veto the
special court's verdicts," said Bomer.

He added that apart from the legal procedure, industrial
disputes could also be settled through bipartite and tripartite
dialogs and arbitration.

The minister said further that the bill on labor protection
was aimed at showing the government's strong commitment to
respect human rights and uphold democracy.

"This bill stipulates the government's responsibility to
provide protection for workers before, during and after their
employment. The government also has an obligation to provide
labor training for job seekers, to regulate labor placement and
industrial relations," he said.

He conceded the labor export had raised numerous problems that
needed a joint contribution from many sides outside the
government to solve.

"According to this bill, brokers will no longer be allowed to
recruit prospective workers from remote areas nationwide and
civil servants, including servicemen and police, are barred from
doing business in the labor export," he said.

The bill also gives special protection for voluntary child
labor and women workers as it was required by ILO conventions.

It stipulates that child workers are allowed to be employed to
do light jobs which correlate with their talents and the national
education curriculum. It also regulates an equal payment system
for male and female workers and women workers have special rights
for menstruation and pregnancy leaves.

The House is still revising controversial Law No. 25, endorsed
in 1997, and deliberating the bill on labor unions that
guarantees the freedom of association. The law's amendment is
expected to be completed in October, while the bill is expected
to be passed later this month.

Bomer said the government would also submit a new bill on
industrial relations which is compulsory for all companies,
including the media and publishing houses. (rms)