Govt, House review controversial labor bills

The Jakarta Post, Jakarta

The government and the House of Representatives are being battered by a tidal wave of criticism over their stance during the continuing debate of two labor bills, and are being accused by some of favoritism in response to labor pressures, making changes and even omissions to a number of contentious issues included in the bills.

"We have tried to accommodate all aspirations aired both by labor unions and employers," Minister of Manpower and Transmigration Jacob Nuwa Wea said in a press conference here on Friday.

Labor unions have proposed more changes to the two bills than employers did.

Concerning the bill on labor development and protection, the government represented by Jacob and the House's special committee reading the bill, have agreed to review a number of contentious issues on, among others, worker rights, negotiations, industrial strikes and child labor.

Employers are allowed to employ child laborers for three hours maximum a day under the supervision of their parents and provided there are appropriate labor conditions, are obliged to provide safe transportation for women workers, adequate rest time and short- and long-term vacation for workers.

The rest or pleasure time is given half an hour after four hours of work, while the annual vacation is set at 12 working days.

Employers are also obliged to give a three-month long-term vacation for workers employed at least six years consecutively, but this ruling will only prevail for certain companies that will later be regulated by ministerial decree.

During the last meeting on Thursday, the government and the House decided to postpone the deliberation of several other contentious issues on severance and service payments for dismissed and resigning workers, worshiping and breastfeeding times, facilities at the workplace and payment for striking workers because of the contrasting perspectives among factions in the committee.

Several chapters on social security, labor guidance and labor protection were phased out because these issues have already been regulated by other laws.

Concerning the bill on settlement of industrial disputes, the government and the House's special committee deliberating the bill agreed to insert a new chapter allowing labor unions to act as lawyers and to accompany workers to the labor court.

The new chapter accommodates worker proposals with the reasoning that both workers and labor unions are financially unable to retain professional lawyers to accompany them to court.

The bill also gives more emphasis to unanimous bipartite settlements of industrial disputes rather than through the labor court which would involve more time and cost.

Workers are also allowed to settle their disputes with their employers unanimously through mediation, conciliation and arbitration and all decisions made under such mechanisms are binding and less expensive than litigation.

The bill also stipulates that trials of labor cases appealed to the Supreme Court be conducted by the Chief Justice, and ad hoc judges representing workers and employers and Court clerks. Ad hoc judges are, however, barred from employment by labor unions.

Djimanto, deputy chairman of the Indonesian Employers' Association (Apindo), warned the government and the House against capital flight and industrial relocation to other countries resulting from of passage of the prolabor bills.

"Apindo has several times cautioned the government against possible industrial relocation that could cause a massive layoff at home, in addition to other social problems," he told The Jakarta Post.