UNFAIR LABOUR PRACTICE: COMPARISON BETWEEN CASE IN INDONESIA AND INDIA
MID TERM ASSIGNMENT FOR INDUSTRIAL RELATIONS ADMINISTRATION
CYNTHIA VANESSA DJODJOBO PUBLIC RELATIONS 009200800007
I. INTRODUCTION
Unfair labor practice can be defined as Legally prohibited action by an employer or trade union such as refusal to bargain in good faith. However, it is more comprehensible if we take the definition from United States National Labor Relations Board (NLRB). The definition is presented on details which include:
1.
Interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists.
2.
Dominate or interfere with the f ormation or administration of a labor organization.
3.
Discriminate against employees for engaging in concerted or union activities or refraining from them.
4.
Discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings.
5.
Refuse to bargain with the union that is the lawful representative of its employees.
Unfair labor practices have been happening all around the world. That is why International Labour Organization held International Labour Conference that declared fundamental principles of rights at work specifically about freedom of Association, elimination of compulsory labour, elimination of child labour and no discrimination at work.
Although International Labour Organization through International Labour Conference has declared their fundamental principles, each country has its own regulation and approach for handling and solving unfair labour practice problem. Below, it will be discussed about the unfair labour practice in Indonesia and unfair labour practice in India and the way the government of those countries handled and resolved the problem.
II. DISCUSSION
II.I. CASE
Unfair labour practice case in Indonesia
Lestijoko, a labour who worked to record electricity meter for cooperation on 2004 was transferred from the cooperation to an outsourcing company. He also got salary decreased from 790000 rupiahs a month to 5000 a month. For that reason, he reported the outsourcing company to the ministry of manpower and social. After that case over, another case arise on 2007. Suddenly he was fired without warning letter and severance pay. He was deemed to make a mistake. He explained the contract of employment stated that an erroneous is only finable for 20000 rupiahs. He thought that he did not make a serious mistake. Because he felt that his rights were violated, he reported the case to the ministry of manpower and social in Surabaya. He lost but he requested for appeal which take six months of processing.
In Batam, the labours protested about downgrading salary in the garment company last March. Last year there was also a case about unfair treatment from the expatriate to local worker. Similar case there happened in PT.SMB Industrial where the company did not give employment contract, one of the director likes to say harass words and fired labours. To solve the company only gave employment contract but other demands are ignored.
Another case in Batam was the harassing case in PT. Drydock World Graha where the foreign supervisor teased the local worker by saying ³all Indonesian stupid´. It drove the Indonesian workers angry and spoke out about the unfair wages and position that have been happening in the company where they got underpaid for 7000 rupiahs an hour and the managerial position is particularly provided for the expatriate.
Unfair labour practice case in India
Bata India Ltd, got into some cases with employees and labours. First, when its labour complained about agreement violation between management and Bata shop employees union Kolkata. Many employees were transferred beyond the work agreement. Moreover, the management will cut the salary and underestimate them to join the management also threat them to terminate the service. Other case happened there is the case of the termination of more than two hundred store manager. It was filed by the Union of India. Another case was about appointing contract workers instead of permanent employees. Child labours also become a phenomenon in India because it has the l argest number children labor in the world. The worse thing is those children mainly work in forms of hazardous occupations. Most of those work to pay their family debts. They did it without barely questioning anything because they are lack of education. III.II. GOVERNMENT ROLES IN RESOLVING UNFAIR LABOUR PRACTICE
Indonesia and India have many similarities in common about labours. In Indonesia and India, there are Labour Act which are not well applied. Many times, government recommends bipartite and mediation between the labours which usually engage labour union. They also provide judicature institution. There is slight difference between court in Indonesia and in India. However, almost 90% of labour cases won by company. Some cases even dismissed. III.III. ARGUMENTS
Both of this coutries has their own acts and judicature institution to solve unfair labour practice problem but, how could the unfair labour practice keeps on happening? It¶s because the credibility and dependability of the governments are not well integrated in the government environment. In Indonesia, the issues are not seriously handled because there are long jurisdiction process and individual concern for individual profit. The worse thing is district autonomy that cause no direct supervision from the central labor department that weaken the desire to act according to the regulation.
Other than that, labour acts sometimes are not followed with regulation about sanction if a company or person violates the labour acts. In India, some employer just transferred the labor with problem to get rid of the problem without get any sanction. It also happened sometimes that the state labour department just disregards the complained.
COMPARISON OF FACTS ABOUT UNFAIR LABOUR PRACTICE
COUNTRY FACTS INDONESIA
Labour
INDIA
and
transmigration
Addressing labour report
State Labour department department
Handling problem
-
Mediation
-
Bipartite agreement
-
Court
-
Civil court
-
Civil
service
arbitration
Judicature Institution tribunal Case winner
-
Mediation
-
Bipartite agreement
-
Court
-
Labour court
-
High court
-
Supreme court
Supreme court
Mostly by employer
Mostly by employer
Involved for mediation with possibility
Involved
to help in court
possibility to help in court
for
mediation
Labour union
with
IV. CONCLUSION
IV.I. RECOMMENDATION
There are some solutions that might work in both Indonesia and India in order to reduce the unfair labour practice: - For Indonesia and India, there should be reformation in person and in institution, so the labour will be able to get a fair chance to talk, complain and get protection from the government regarding to their rights. - The government in Indonesia should revise the labour acts which only have regulations but have no sanction in order to strengthen the law in Indonesia. For example, in Lestijoko case when he got fired without warning letter and severance pay. He could sue the company according to Labour Acts #.156 says ³When there is a lay off, the employer has the responsibility to give severance pay and or reward pay of work duration and employee rights substitute money.´ However, there is no sanction for the company if the severance pay is not paid. It might be revised so the company will think twice if they are unfair such as add ³if the labour do not get paid after 30 days, the company will get sanction in form of double the severance pay and do not allow to recruit either contract worker or permanent worker for 180 days. - For Indonesia and India The government should revise social warranty and pension according to life standard. That way, the labours and their family can have better life against poverty. - For Indonesia and India, the government should broaden the role of unions as a place to gather labours aspiration to be reported to the higher authority. - For Indonesia and India, the government should provide training and education center, so the labours especially the children labour will be able to understand their rights, what to do and what not to do.
V. REFERENCES
Guntur. Indonesia labor act ± UU Tenaga Kerja Indonesia. Retrieved June 4, 2011 from http://indo-laboract.blogspot.com/. Translated by Cynthia Vanessa Djodjobo
Lestijoko, Buruh yang sedang berjuang melawan ketidakadilan. Retrieved June 4, 2011 from http://www.voila.web.id/profil-tokoh/lestijoko-buruh-sedang-berjuang-melawan-ketidakadilan.aspx. Translated by Cynthia Vanessa Djodjobo
Silaban, R. Masalah aktual ketenagakerjaan dan pembangunan hukum di Indonesia. Retrieved June 4, 2011
from
http://www.lfip.org/english/pdf/bali-seminar/Masalah%20aktual%20ketenagakerjaan%20-
%20rekson%20silaban.pdf. Translated by Cynthia Vanessa Djodjobo
Anshari M, Widodo S. Di balik rusuh buruh kapal Batam. Retrieved June 6, 2011 from http://monitorindonesia.com/2010/05/di-balik-rusuh-buruh-kapal-batam/. Translated by Cynthia Vanessa Djodjobo
Bata employees allege unfair labour practice. Retrieved June 4, 2011 from http://www.businessstandard.com/india/news/bata-employees-allege-unfair-labour-practices/117546/on.
Translated
by
Cynthia Vanessa Djodjobo
Bata
India
Ltd
±
harassment
by
management.
Retrieved
June
4,
2011
from
http://www.consumercomplaints.in/complaints/bata-india-ltd-c341160.html
Bata
India¶s
HR
Problems.
Retrieved
June
4,
2011
from
http://www.icmrindia.org/casestudies/catalogue/Human%20Resource%20and%20Organization%20Beha vior/Bata%20IndiaHuman%20Resource%20and%20Organization%20Behavior%20Case%20Studies.htm
Child labour in India. Retrieved June 6, 2011 from http://azadindia.org/social-issues/child-labour-inindia.html
Indian labour law. Retrieved June 6, 2011 from http://en.wikipedia.org/wiki/Indian_labour_law
Indian Trade, Indian Employment Law, Indian W ork Permits, India Pakistan Trade Unit. Retrieved June 7, 2011
Unfair labour practice definition (http://www.businessdictionary.com/definition/unfair-labor-practice.html)
Unfair
labour
practice.
Retrrieved
June
6,
2011
from
http://en.wikipedia.org/wiki/Unfair_labor_practice#Definition_of_.22unfair_labor_practice.22
ILO declaration on fundamental principles and rights at work. Retrieved on June 7, 2011 from http://actrav.itcilo.org/actrav-english/telearn/global/ilo/law/idec.htm
