Worker sues labor mediation agency

Worker sues labor mediation agency

JAKARTA (JP): A female worker who lost her job in the latest
dispute with the textile manufacturer she was working for is
suing the central government's labor mediation agency for giving
the green light to the company to fire her.

Ngati Sriyani was fired by PT Sandratex, a state-owned textile
company in Tangerang, in February 1994 on the pretext that she
had skipped work for nine consecutive days.

The company then sought permission from P4D, the Tangerang
labor mediation agency, to dismiss her and the request was duly
granted. The P4P, the labor mediation agency under the Ministry
of Manpower, upheld the decision in May, according to the Jakarta
Legal Aid Institute (LBH) which is representing the female
worker.

Under both the initial verdict by the mediation agency and
the final verdict, Ngati was viewed as having been fired for
indiscipline and, therefore, was not entitled to any severance
pay.

Ngati, a resident of Ciledug, also in Tangerang, had been
working for the company for 18 years. Her last position in the
company was as head of a training team, earning Rp 4,895 a day.

Apong Herlina of the legal aid institute said that Ngati had a
doctor's certificate stating that she and her children had been
ill during the time she had missed work.

Apong believes that the company had been trying to get rid of
Ngati because she appeared to be winning the long drawn court
battle she had with the management for the right to paid
maternity leave and compensation for her fourth child.

In the battle that dates back to the 1980s, the management had
refused to grant her the paid leave because the company policy
only allows the facility for up to the second child and that paid
leave had been given to her for her third child out of kindness.

Apong, in a statement made available yesterday, said the
institute filed the lawsuit against P4P with the Jakarta State
Administrative Court on Jan. 11.

In the lawsuit, Apong acknowledged that there had been a delay
in filing the court action, but pointed out that her client did
not receive the formal letter notifying her that she had been
dismissed until October.

Her client, she added, is demanding that the court annul the
P4P letter authorizing Sandratex to fire her.

Apong said that Ngati has the upper edge in her court battle
for the right to paid maternity leave and compensation for her
fourth child.

She pointed out that the Jakarta High Court had ruled in her
client's favor and that Sandratex has since appealed to the
Supreme Court against the decision.

Ngati's battle with the management has seen changing fortunes.
The Tangerang labor mediation agency earlier ruled in Ngati's
favor, then the central government's mediation agency ruled in
the management's favor. The South Jakarta court, to which Ngati
turned, said it had no authority to try the case. But the Jakarta
High Court took her case and then ruled in her favor.

Then came the sacking of Ngati by Sandratex. (emb)