Union Busting Case in PT DMST 1


By: Andry Yunarko | Solidaritas.net, Sragen – Textile Clothing Company PT.DELTA Merlin 1 (PT.DMST 1) was founded in 2003, is engaged in the manufacture of cotton textiles into yarn, approximately employed 3,000 workers. All workers employed by the contract system (prolonged). In 2007, the company use outsourcing system in which workers required to re-apply annualy to employment service providers appointed by PT.DMST 1, to be able to work back in the company.

Workers demanded freedom of association in PT DMST 1, Sragen, Central Java.

This condition also affected women workers in PT.DMST 1. They have no right to maternity leave, so that if there is an employee who is pregnant, it will be terminated or forced to resign. It treat the same with menstrual leave for women workers. It is not granted by the employer PT.DMST 1.

Workers are also not included in the Social Security program (BPJS), even a work accident insurance was not provided by the company.

Establish the United

With the hope for a better fate, workers PT.DMST first establish trade union organizations to join the Federation of Factory Workers Cross (FBLP) to fight for their basic rights. Discussions held between unions and employers include the Sragen Department of Labor (Manpower) twice, but to no avail.

On August 2, 2014, the company prohibit anyone to enter the building except those who agreed to sign a new contract with labor services provider (outsourcing) appointed by the company, whereas the outsourcing company does not have an operating permit Sragen. The invitation to sign this new contract is only spread through short messages (SMS) and not all workers receive the SMS, especially those who joined the union.

Two days later, 400 workers in FBLP taking an action in front of the factory demanding the system to abolished outsourcing and workers who have been working for more than three years was appointed to be permannet employees.

“Demonstrations followed by hundreds of workers are supported FBLP-Sragen Bumiaji village residents, District Gondang, to demand the abolishing of outsourcing system and workers who have worked three years was appointed as a permanent employee,” Martuti, FBLP deputy Secretary General explained.

This action is also getting support from Sragen legislators from PDIP faction, Bambang Samekto, who expressed readiness to “put the body” for the sake of defending the rights of workers who had been contracted or outsourced. He suggested that the company have to closed temporarily if there are workers who are prohibited from entering the workplace.

Criminaly indicted

Soon after the action, the police arrested seven Sragen labor Sragen regarded as action coordinator. Up on August 6, 2014, seven workers is charged with a misdemeanor, and Sragen court declare the seven workers charged under Article 493 of the Criminal Code.

In this trial, the judge asked a few questions such as “whether the demonstration had asked permission of the company?”, “What is justified contract workers into permanent employees ask for?”, “What about when the demo plant to move abroad?”. Until a judge decides the verdict of imprisonment of seven days to a month-long trial period.

Acording to Director of Legal Aid Institute (LBH) in Yogyakarta, Samsudin Nurseha, the actions had violated the Law and Human Rights. Samsudin explains that the labor rights of expression protected by the Act 9 of 1998, Act No. 12 of 2005 and Act 39 of 1999.

In addition, this case should not be tried in the District Court, but at the Industrial Relations Court (IRC), for this case is set forth in the employment case specific law, namely Law No. 13 of 2003 on Labour. Police also impressed rapid motion when indict the workers as criminals, but very slow in dealing with cases of violation of entrepreneurs that have occurred over the years.

“Lex specialis legi derogat generalist, special legal rules would override or defeat a common law rule. In this case the labor laws that protect the special character, the Criminal Code (the Code of Criminal-ed) is general, “said Samsudin.

Following up on this case it will report to the National Police Commission and Police Sragen and asked the audience to Parliament Sragen to obtain concrete support from the legislature.

“Sometime ago, our demands have the support from. Bambang Samekto, legislators from PDIP, but was not yet concrete. For that we will ask the Parliament to resolve the case, “said Martuti.

In addition to these measures, FBLP-Sragen will also hold rallies in the near future. “We also are preparing protests to the solidarity of the various labor organizations, students and other community elements. Our demand will be directed at Sragen and that outsourcing system in PT.DMST 1- to be abolished and workers with tenure of three years and above was appointed as permanent employees in accordance with the Law no.13 of 2003 on Employment. “

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