and Collective Bargaining Name : CHIKITA EDRINI MARPAUNG Country : INDONESIA Union : KSBSI (Confederation of Indonesia Prosperity Trade Union) What are the current labour relations and employment trends, including the state of trade unionism and collective bargaining in your country? In our country, Indonesia, there are many kind of labour relation and employment trends. One that is becoming popular today are contract workers, part-time workers and informal workers who are currently related with online businesses. But some forms of this work is not or has not been covered by the law. For example online transportation, online marketing, daily and hour case workers, home based workers, online based workers, palm oil workers, garment (ex:couriers,driver,etc). And some trade unions include KSBSI have taken the initiative to organize these types of works to use the social security, health approach and coverage them on CBA (collective bargaining agreement) on company to the given order. Has your country ratified the ILO core labour standards and Convention 144 (Tripartite Consultation)? What national laws support the practice of tripartism and social dialogue in your country? Yes, Indonesia has Act Number 2 Year 2004 ratified the ILO core Concerning Industrial labour standards and Relations Disputes Convention 144 Settlement (Tripartite Consultation). Act Number 21 of 2000 on Wokers/Labour Unions Act Number 13 of 2003 on Manpower represented in existing social dialogue mechanisms (tripartite bodies, institutions with labour representation, workplace committees, Of course, workers etc.) andtheir represents their respective mandates in all of social mandates dialogue or areas of concern? mechanisms. First, in National and Regional Tripartite bodies. KSBSI have 275 members at the district, provincial and national levels to discuss issues such as wages, social security, labor regulations and employment related to the current issues. Second, K3 (occupational, health and safety) Committee, Productivity, Wage Council, and national tripartite including placing members of supervisors at BPJS. Third, KSBSI also places adHoc personnel judges to become members of the AdHoc Judicial Council on the Industrial Relations Court. In Indonesia, currently there are about 14 people spread throughout the province in Indonesia. Describe “Good practices” on social dialogue and consultation in your country; (consider the representation and participation of women and young workers) Social dialogue is the most important part for the creation of a conducive and sustainable industrial relations condition. In addition, the social dialogue is also always put forward by all unions in Indonesia today while facing industrial relations disputes. This is considered very effective in order to create a good relationship between all parties, especially workers and employers. So far KSBSI is also always trying to build cooperation in terms of consultation and social dialogue, some of which are already running very well such as, KSBSI has created Memorandum of Understanding (MOU) with APINDO (Association of Entrepreneurs throughout Indonesia) to jointly run social program of dialogue throughout areas in Indonesia. KSBSI also has a collective labor agreement in hundreds of companies producing in Indonesia in various sectors ranging from agriculture, plantation, textile industry, automotive, metal and many more which are accommodated by the Federation a routine bipartite and tripartite meeting at all levels. KSBSI also has done create the collective labour agreement multi company for 12 company members of KOGA in west Java And there are some representative of Woman or Young Workers for National and Regional bipartite/tripartite committee. From KSBSI around 20% of Woman or Young Workers are the part of consultant and committee Explain gaps, issues, challenges, and needs confronting trade unions in the area of social dialogue, collective bargaining, and tripartite/bipartite consultation It can not be denied that the biggest obstacle commonly faced by workers in social dialogue and tripartite / bipartite consultation is fear of firing. Some workers still think that communicating with employers or representations is taboo. The assumption seems to form a gap between workers and employers. Though communication is the most important thing in a working relationship. Especially if there is a problem, the main path must be taken with communication. But on the other hand, human resources also become a major obstacle both at the level of entrepreneurs and companies. At the union level, sometimes union-independent unions can inhibit the What priority labour law reforms and legislation are currently under discussion/consideration; and
• Formalization of domestic workers
• Maternity Protection Convention, 2000 (No. 183) • ILO Convention 176 on Occupational Safety and Health at Mine • Law NO.2 OF 2009 on Road Traffic and Transportation that has not included the norms of online taxis and motorcycle taxis online What does your union recommend towards a more robust, meaningful, and inclusive social dialogue mechanism and processes, in the context of changing world of work?
The existence of bipartite/ tripartite institutions of who are
sustainable (quality) from the central level to the company Improve the quality and the quantity of collective agreement Strengthen the inspector of labor (government), the availability of adequate budget for human resource training in order to strengthen bipartite and tripartite bilprtite in social dialogue and negotiation Adoption of the Labor Law to adopt the latest employment trend