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Minister of Manpower Bomer Pasaribu said the bill on settlement of industrial disputes would replace the outdated 1957 law which was considered ineffective to address disputes pitting workers against their employers.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