http://www.thejakartapost.com/detaileditorial.asp?fileid=20050504.E02&irec=1


RI workers still have little bargaining power 
Ridwan Max Sijabat, Jakarta Post


A labor dispute bothering a major plywood company in Banjarmasin, the capital 
of South Kalimantan, reflects in many ways the general labor conditions in the 
country. About 1,700 striking workers of PT Gunung Meranti Raya Plywood 
protested in front of the governor's office, demanding the administration force 
the company management to pay them their two months of overdue wages. They said 
their wages had been suspended for two months because the company lacked a 
supply of raw materials.

The workers said they were paid Rp 563,000 (US$ 55) a month in line with the 
monthly minimum wage in the province. There were no allowances for 
transportation, medical costs or meals. Following mediation by local 
authorities, the management agreed to pay 50 percent of the two-month's worth 
of salaries in two phases. 

Elsewhere, tens of thousands of workers in the forestry industry have been 
dismissed during the past several months without any severance pay; many from 
plywood and molding companies that relied on illegal logging for their raw 
materials and have since collapsed after the government crackdown on the 
practice. Large-scale layoffs have also happened in other sectors. 

Weak bargaining power -- some labor analysts might say almost none at all -- 
remains the crucial problem for Indonesia's workers, more so with the lingering 
effects of the economic crisis. 

Workers' lack of bargaining power is reflected by the low quality of most 
collective labor agreements (CLA) submitted to the employment ministry. Most 
medium-sized to large companies have made CLAs with their workers but their 
content is no better than the minimum standards as stipulated by Law No. 
13/2003. 

"It is no secret that most CLAs contain articles (that are meant to benefit 
businesses), instead of those aimed at improving labor conditions," a source at 
the ministry said. 

Workers' weak bargaining power has been worsened by increasing national 
unemployment after massive layoffs in crisis-hit industries. Examples include 
the more than 15,000 workers retrenched form the state aircraft manufacturer PT 
Dirgantara Indonesia (PT DI), the tens of thousands of workers from state-owned 
fertilizer company PT Pupuk Iskandar Muda and textile firm, PT Texmaco. What is 
known as here "open unemployment" has increased to an estimated 11.5 million in 
2005 from 9.5 million in 2003 while "disguised unemployment" -- defined as 
people who work for less than 35 hours in a week, and often for much less -- 
has increased to 47 million from 35 million during the same period. 

Fear of dismissal has led to more submissive workforce, with legions of other 
workers ready to replace any people who speak out about poor conditions or pay. 
Contracting and outsourcing in businesses is becoming more common and for the 
increasingly desperate jobless, it is a way to get a stable income, even if 
only for a few months. 

The shortage of skilled labor negotiators has also contributed to workers' loss 
of bargaining power. Most labor activists at the company level have no ability 
to read or properly understand their company's balance sheets or to conduct 
negotiations with management in drawing up CLAs because they have never been 
trained in negotiation techniques. 

The quality of CLAs in the banking sector is relatively better than those in 
other sectors because workers are more often professionally qualified and their 
advocates have been trained to negotiate with management. However, even here, 
the presence of skilled negotiators has not automatically improved the labor 
conditions in the sector. While bank profits are now slowly but steadily 
improving the one most-common reason given for the lag in employee working 
conditions is the slow economic recovery. Many banks have also subcontracted 
parts of their business to outside companies and recruited temporary employees 
to save money. Again the message is clear, profits are put before people. 

Meanwhile, by far the most workers employed in the country are those in the 
informal sector; workers in small-scale companies that have no CLAs to protect 
them, giving their employers complete freedom to ignore and breach core labor 
standards, including remuneration, allowances and social security programs. 
Many small companies may have some form of contract or pretend to abide by 
general employment laws but any serious inspection reveals their remuneration 
packages and conditions are worse than those set out by labor laws. 

This has left tens of millions of workers unprotected. Out of a 110 million 
strong workforce, only 7.6 million currently take part in social security 
programs (Jamsostek). 

The end of the authoritarian Soeharto regime in 1998 also marked the end of a 
state monopoly -- the single national union. Since 1998 there have been 87 
labor unions -- but many are little more than nameplates on the doors of their 
head offices. 

The content of collective labor agreements (CLAs) in the banking sector and in 
other big companies may be relatively better than those set out in labor laws 
since most employees are professionals and at least semi-skilled. However, more 
than 80 million workers employed in the informal sector remain uncertain of 
their future because they are either completely unprotected or employed in 
short-term, insecure contracts. 

Many employers prefer to employ temporary workers they can fire at any time as 
they try to make large profits, sometimes far in excess of what they pay their 
workers. Shouldn't these profitable companies be made to pay their workers 
fairer living wage, with better conditions? 

The government's inability to attract more foreign investment and to maintain 
strategic industries will not only worsen the unemployment problem but also 
further ingrain the image of Indonesia overseas as a country with a 
low-skilled, low-paid and easily exploited workforce. 

The author is a staff writer at The Jakarta Post. 


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