Freedom of association includes the right to be free from interference in the exercise of the right to associate. Unions should operate free from employer interference when organising themselves, making decisions and conducting their activities.
If there is more than one union in the enterprise, the employer should treat them equally (although rights to collective bargaining vary depending on representative status under Indonesian law). Minority union rights to freedom of association must be respected.
Unequal treatment of unions includes not allowing all unions equal access to space for meetings or for posting notices, or refusing to recognize or meet with the leaders of some unions.
Managerial staff such as human resource managers, finance managers, and personnel managers cannot serve as union officials in workers’ unions.
Example: An employer interferes with workers’ rights to freedom of association if management tries to gain control or undermine the union, for example by offering bribes to union representatives to withdraw from the union.
LEGAL REFERENCE:
TRADE UNION ACT NO. 21 OF 2000, ARTS. 3, 15, 28 [UU SERIKAT PEKERJA NO. 21 TAHUN 2000, PASAL 3, 15, 28];
MANPOWER ACT NO. 13 OF 2003, ARTS. 1(17), 119, 120(3) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 1(17), 119, 120(3)];
CONSTITUTIONAL COURT DECISION NO.115/PUU-VII/2009 OF 2010 [KEPUTUSAN MAHKAMAH KONSTITUSI NO. 115/PUU-VII/2009 TAHUN 2010];
Discrimination against workers based on their union membership or activities is prohibited. Discrimination occurs if unionists are punished through termination, transfer, demotion, denial of overtime, reduction in wages/benefits, or changes to their conditions of work.
All workers should have an equal opportunity to get a job and to receive equal treatment while at work, without discrimination. Union membership or union activities must not be a consideration factor during hiring decisions.
Termination of a union member must be negotiated with the member’s union. If negotiations fail to result in agreement, the employer can only terminate the worker after receiving a decision from the Institution for the Settlement of Industrial Relations Disputes.
LEGAL REFERENCE:
TRADE UNION ACT NO. 21 OF 2000, ARTS. 12, 28 [UU SERIKAT PEKERJA NO. 21 TAHUN 2000, PASAL 12, 28];
MANPOWER ACT NO. 13 OF 2003, ARTS. 5, 153(G) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 5, 153(G)].