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Ministry of Manpower responds to CNN Indonesia's alleged union busting, 'subject to sanction'

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Tempo - September 2, 2024

Riri Rahayu, Bagus Pribadi, Jakarta – The Ministry of Manpower responded to the alleged unilateral layoff by the management of CNN Indonesia against its employees who formed a labor union.

The Director General of Industrial Relations and Social Security, Indah Anggoro Putri, stated that workers are entitled to form a labor union and corporations must not interfere.

"Worker's freedom is protected by the law. They are entitled to form a labor union in accordance with the applicable regulation," she said on Monday, September 2, 2024.

Indah explained that Indonesia has ratified the International Labour Organization (ILO) Convention on the right to organize and collective bargaining under Conventions No. 87 and 98.

Indah said corporations are subject to sanction if proven to have breached the law. However, the Ministry of Manpower must first clarify whether the unilateral layoff occurred after the workers formed a labor union. The workers and corporations may proceed to mediation, depending on the existence of the worker's complaints.

As long as no complaint is submitted, Indah hoped the Solidaritas Pekerja CNN Indonesia, translated into CNN Indonesia Workers Solidarity (SPCI), would hold a dialogue with the management of CNN Indonesia. If they could not reach a middle ground, Indah asked the labor union to submit a complaint. "We will not summon (the corporation) unless, we hope not, it causes public unrest," she said.

SPCI has been registered with the South Jakarta Manpower, Transmigration and Energy Sub-dept. on August 27, 2024, and was declared on the same day. SPCI General Chair Taufiqurrohman said the labor union was formed as a forum for the struggle to reject unilateral wage cuts.

However, 9 SPCI members received termination letters sent via email and signed by the Head of Human Resource Development (HRD), Yenita Achyar. "The unilateral termination letter was sent while SPCI held a discussion and launched the labor union in South Jakarta on August 31, 2024," said SPCI General Chair Taufiqurrohman in his written statement, Sunday, September 1, 2024.

Taufiq also said that as of August 31, his access to work had been cut off while the dispute was still ongoing. These include being unable to access work email, being removed from WhatsApp, and being prohibited from entering work. "We consider CNN Indonesia management to be using unconstitutional, arrogant, and arbitrary methods," he said.

According to Taufiq, the unilateral layoff violated Labor Law. For example, he said, the CNN layoff was enforced 1-2 days after the termination, whereas Labor Law ruled that corporations must enforce a 14-day termination notice.

Taufiqurrohman also claimed that CNN Indonesia did union busting which violated Article 28 (a) of Law Number 21 of 2000 concerning Labor Unions. "The eradication of labor unions is also contrary to the 1945 Constitution and the Human Rights Law and harms democratic values," he said.

Tempo has contacted CNN Indonesia Editor-in-Chief Titin Rosmasari and CNN Indonesia TV Deputy Editor-in-Chief Revolusi Riza Zulverdi to confirm the allegations of union busting and request a response. However, until this news was published, they had not responded to Tempo's inquiries.

Source: https://en.tempo.co/read/1911552/ministry-of-manpower-responds-to-cnn-indonesias-alleged-union-busting-subject-to-sanctio

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