Unions must register with the government

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)