Sat, 20 Jan 2001

House to speed up deliberation of two important labor bills

JAKARTA (JP): The House of Representatives will speed up the deliberation of two labor bills in a bid to mend the country's poor labor conditions and settle the increasing number of industrial disputes.

Jacob Nuawea, chairman of the House's special committee deliberating the bills on labor development and protection and on the settlement of industrial disputes, said discussions of the bills were scheduled to be completed in three months, which would allow the bills to be passed into law in April.

"We are determined to complete the deliberations by the end of March due to the prevalent abuse of workers' rights," he told The Jakarta Post on Thursday.

He said substantial changes had been made to the two bills by House Commission VII for social welfare and labor affairs in line with the aspirations of the country's workers.

Citing an example, he said the bill on the settlement of industrial disputes set a maximum fine of Rp 50 million (US$5,263) and a jail sentence of six months for employers who closed their companies in response to industrial actions, or at the expense of striking workers whose disputes with their employers were being mediated or tried in court.

The penalties can also be imposed on employers who dismiss their workers unilaterally, he added.

To replace the current choices of labor disputes settlement, the bill suggests four arrangements: bipartite solutions between employers and workers and/or labor unions, mediation by government-appointed mediators, arbitration and taking the dispute to the courts.

"Dispute settlements through bipartite negotiations and the courts are the most effective and efficient alternatives at present, because workers and labor unions lack funds to hire arbitrators and they no longer have confidence in government mediators who frequently side with employers," Jacob said.

The bill also stipulates that a labor dispute must be settled within 30 days at the latest, and both workers and employers are allowed to appeal to the Supreme Court verdicts issued by arbitrators or district courts.

Jacob, who is also the chairman of the Federation of All- Indonesian Workers Unions, said the bill on labor development and protection threatens employers who fail to afford equal treatment and opportunities to their workers with a maximum fine of Rp 400 million or a four-year jail sentence.

"The bill regulates that workers have the right to receive labor training, equal pay and equal opportunities to develop their careers," he said.

Under the bill, owners of labor training institutes that operate without a license can receive a maximum penalty of a Rp 50 million fine or a six-month jail sentence.

The bill also calls for a maximum punishment of a Rp 200 million fine or a two-year jail sentence for companies illegally employing expatriates, and a fine of Rp 100 million or a one-year jail sentence for employers who use child labor or pay their workers below the minimum monthly wage.

According to Jacob, numerous labor disputes will be settled and employers will become more aware of the rights of their workers if the two bills are passed into law.

"The increasing labor rallies over the last three years have much to do with employers' ignorance of workers rights," he said. (rms)