Unionists' dismissal illegal: Lawyer

JAKARTA (JP): The Ministry of Manpower's arbitration body broke the law when it let HongkongBank fired 11 of its union executives, a lawyer said yesterday.

Abdul Hakim Garuda Nusantara said that dismissing union members for union activities violated Indonesian labor law.

The 1986 ministerial decision on dismissals states that staff cannot be fired for joining unions or for conducting union activities outside the work place.

"The decision also contradicts the body's earlier ruling to reinstate the other employees of HongkongBank (involved in a strike at the bank in April)," Hakim, the executive director of the Institute for Policy Research and Advocacy said.

HongkongBank's management requested permission from the arbitration body to dismiss 189 workers involved in the strike, on the grounds that they were absent from work for five consecutive days for reasons unclear.

While the body deliberated the case, 23 workers resigned or were reinstated.

Management also requested permission to dismiss 11 union executives, chaired by Ugianto.

The strike began after reports surfaced that the union officials were to be dismissed while negotiating a labor agreement.

Management, disappointed with the body's July ruling to reinstate the 166 workers, has appealed to the Jakarta Administrative Court.

The union then requested the South Jakarta District Court to force the bank's management to reinstate the remaining workers.

Around 130 workers are waiting to be reinstated after they agreed to the management's offer of a voluntary retirement scheme.

On Sept. 30 the body ruled in favor of management regarding the union executives. The union has said it would appeal to the Jakarta Administrative Court.

The ruling stated "work relations between the employer and employees are no longer in harmony, as both their attitudes and opinions are no longer reconcilable."

The body, chaired by I Wayan Nedeng, said the union's executives were responsible for the April strike, which did not meet mandatory procedures because the employer had not received written notice before the strike.

Abdul Hakim said that notifying the employer prior to a strike "need not be in writing". (anr)