Jakarta – For times and times again, factory workers filed a written complaint against Trimitra Chitrahasta Ltd. The contents discuss two things, which are 40 percentage pay cuts of Religious Holiday Allowance (THR) and unilateral Termination of Employment (PHK) by accusing the workers of provocation. This complaint letter submitted to Yamaha Motor in a protest in front of its office in Pulo Gadung Industrial District, North Jakarta, on Sunday, July 19th 2020.
Furthermore, eight contract workers, who work for Trimitra Chitrahasta Ltd., are still in the process of legal cassation in Supreme Court, after being defeated in Bandung City’s Industrial Relation Court (PHI).These workers are refused to accept the lost. So beside the appeal to Supreme Court, they intend to file a report for allegation of human rights violation to National Commission on Human Rights (Komnas HAM). According to them, Yamaha failed to assure the safety of their products. Product safety is the ability of a product to be safe for intended to use, as determined when evaluated against the law. This include the safety of all the party involved in the making of the products, including to make sure that the workers treated according to human rights standards and laws.
Amidst this affair, the eight contract workers have been experiencing abuse when they were trying to get back to work; their uniform has been taken violently. The company reported the workers for allegation of defamation. They charge them with Information and Electronic Transaction Law Number 11 of 2008. The abuse, violation, and criminalization against workers who were just practicing their freedom of speech clearly were not consistent with the principles of human rights.
In Minister of Manpower Regulation Number 6 of 2016 on Religious Holiday Allowance (THR) for Company’s Labour, Government Regulation Number 78 of 2015 on Remuneration, Bekasi Local Government Regulation Number 4 of 2016 and Minister of Manpower Circular Letter Number M/6/HI.00.01/V/2020, stipulates Religious Holiday Allowance (THR) should be paid minimum of seven days before the big religious festival day. Covid-19 Pandemic should not be an excuse for Religious Holiday Allowance (THR) pay cuts. At least the matter should be discussed first or there should be a instalment payment plan assembled with a bipartite agreement.
After these pay cuts, several union managers circulate some questionnaire, asking for the workers opinion on the matter. And for this questionnaire circulation, they were unilaterally, wrongfully dismissed. Their excuse was provocation. The union managers, according to the company, had been provoking factories workers to revolt.
“The company excuse was that there was already an agreement with FSPMI labour union to cut the Religious Holiday Allowance (THR). We cannot accept this excuse because Religious Holiday Allowance (THR) is very important for the workers to fund their Eid Al-Fitr worship. And also there is no government regulation whatsoever which allowing the cut, thus the agreement were naturally in violation of the law and should be regards as void. In fact, the company should pay the 2020 allowance in full instalment. Furthermore, the company should reinstate three permanent labours whom contracts were terminated unilaterally,” state the workers furiously in their position statement.
Aside from holding a protest in front of Yamaha office in Pulo Gadung, the workers also held a protest in front of Suzuki Indomobil Motor Ltd. office in Tambun, Bekasi District.
As for the workers demand statement, are as follows:
We are asking Trimitra Chitrahasta to abide by Indonesian Laws and Local Government Regulation of Bekasi District on Labour and Manpower;
- Asking Trimitra Chitahasta Ltd. to reinstate their workers who have been wrongfully dismissed and pay their salary with its work delay fine throughout this dispute process;
- Reinstate the eight workers whose contracts have been sacked one-sidedly and turn into Unfixed Term Employment Contract (PKWTT), in accordance with Article 59 clause 7, Law Number 13 of 2003 on Manpower;
- Circulate a decree letter (SK) for Unfixed Term Employment Contract (PKWTT) or permanent employment contract to all workers since their first day of work;
- Reinstated three permanent contract workers who have been terminated unilaterally;
- Pay the 2020 Religious Holiday Allowance (THR) in full instalment;
- Industrial Relation Court (PHI) judge should adhere to neutrality in the face of law;
- Asking Trimitra Chitrahasta Ltd.’s customer companies to adhere to code of conduct that has been established.