Tripatra responds

In connection with Paul Key's letter of July 23, 1999, Injustices in Tripatra, PT. Tripatra wishes to correct the writer's mistakes and misleading comments.

As a national enterprise, PT Tripatra (the company) employs approximately 9,700 workers for its construction services for PT Caltex Pacific Indonesia. At present, more than 80 percent of the workers are dedicated and working for the company.

A police and military presence on site are to protect the oil production facilities, because they are considered strategic facilities.

In regard to the severance payment called for by the strikers, the company complies with all government rules and regulations. We pay special attention to the Joint Decree (SKB) made by the Ministry of Mines and Energy and the Ministry of Manpower on the Employees Severance Program. This rule is mandatory for service companies in the oil and gas sectors.

Under the SKB, the company pays the Yayasan Dana Tabungan Pesangon Migas (YDTP) 8.33 percent of the salary that will be given to an employee as a severance payment when a contract expires. The said SKB is specifically governed and confirmed in the Letter of Working Agreement between the company and every employee.

Therefore, the demand from the strikers to use the provisions of the Minister of Manpower No. PMTK 03/MEN/1996 is baseless. This matter was confirmed by a letter, dated May 17, 1999, from the Director General of Supervision and Development (Binawas) of the Ministry of Manpower to the Head of the Regional Office (Kanwil) in Riau province. The letter stated that "... severance payment demands of PT Tripatra workers based on the provisions of PERMEN 03/MEN/1996 shall not be permitted..."

Further, it is also untrue to state that on May 12, 1999, a decision was made by the Ministry of Manpower to the effect that the company should pay 100 percent compensation to the employees.

Acting in good faith, the company has on numerous occasions provided an opportunity to the striking workers to return to work. Many of them have returned to work. However, employees who do not perform their jobs on at least five working days, without permission from management, are considered to have resigned.

For those who refuse to work, the company allows them to settle this matter legally. All parties are requested not to benefit/worsen the current dispute just for political and/or personal interests.

NENGAH SUJANA

Karim Sani

Legal representative for PT Tripatra

Jakarta