Unions must register with the government
JAKARTA (JP): The government has confirmed that workers can establish their own unions but on condition that the unions be registered with the Ministry of Manpower.
Director General of Industrial Relations and Labor Standards Mohammad Syaufii Syamsuddin said Minister of Manpower Fahmi Idris has issued a decree in compliance with the International Labor Organization's Convention No. 87 on freedom of association for workers.
Indonesia ratified the convention in May only days after President B.J. Habibie took over from Soeharto.
"The decree stipulates that all company level labor unions and existing labor unions are obliged to register with the Ministry of Manpower," Syaufii told The Jakarta Post yesterday.
Previously, workers could only form unions at company level and had to join one of the 14 trade unions under the government- recognized All-Indonesia Workers Union Federation (FSPSI).
Under the regulation, the Indonesian Prosperous Labor Union (SBSI), which has organized several massive labor protests in the past, would be given recognition. SBSI is chaired by Muchtar Pakpahan.
Syaufii said under the new decree, all unions must re-register with the ministry.
The government would recognize only trade unions which were set up purely by workers. Unions cannot be formed based on political parties, religions, ethnic background or gender, he said.
The new decree also allows all unions to form federations and confederations in order to strengthen their bargaining power.
The decree raises the possibility of more than one union operating in a company. In such a case, the union that has the largest membership will be allowed to represent workers in negotiations with the management.
Unions not registered with the government would be barred from negotiations.
New law
Syaufii said the Ministry of Manpower is currently drafting a new law on labor unions to strengthen the legal basis for labor organizations in the future.
He called on the public, particularly workers, to submit their thoughts and ideas on the legislation, to prevent controversies later on.
He said the legislation would essentially be drafted around the latest ministerial decree.
Legislation on union affairs is mandated by the 1997 Manpower Law, he added.
Deliberation of the Manpower Law was riddled with controversy last year, particularly over allegations of a massive payoff to members of the House of Representatives to ensure smooth passage. The law was subsequently enacted and is due to come into effect on Oct. 1. (rms)