Nanbu Employees Being Rehired, But Contractual Status Remains Unclear
A total of 28 workers of PT. Nanbu Plastics Indonesia (NPI) which were laid off in early April has recently been reinstated. Furthermore, the company has also paid off all outstanding unpaid salary and end-of-Ramadhan allowance (Tunjangan Hari Raya/ THR).
This was conveyed by the president of the labor union SEBUMI Faisal Al Rahmad. “All unilaterally dismissed (labors) are working again. Salaries, THR, have been paid,” said Faisal via text message on Thursday, July 5, 2018.
This decision is the result of a mediation between management, the union and Municipal Representative of the Manpower Ministry (Disnaker). In a joint agreement signed by the union on Friday, June 8, 2018, it was stated that the company should reinstate all laid-off workers.
Faisal added that 28 workers have started working again at PT. NPI since Saturday, July 2, 2018. The 28 workers re-employed include a pregnant mother.
However, this re-employment agreement does not apply to a worker named Azuhrotul, whom the company deems to have resigned. The company claimed to have summoned him up to 3 (three) times, but he did not come. But on the contrary, Azuhrotul claims to not receive an invitation letter from the company (via JNE’s expedition service) or any other party.
A check on JNE shows the first letter’s status as ‘return’ – which means that it did not get through the recipient, and thus returned to the sender. The second letter instead was shown to be accepted by someone named Retno, not Azuhrotul. Lastly, the third one was again listed as ‘return’. Of course, such correspondence does not meet the provisions of Article 168 of Indonesian Labor Law no. 13 of 2003, concerning the invitation of workers by companies related to resignation.
Moreover, the said unpaid salary which the company have promised to pay is still uncertain in term of its details. Until now, they have not received any wage slip. This also obviously applies to Azuhrotul.
Atika’s medical expenses are borne by the company
After the letter of agreement was signed, PT. NPI also contacted Atika Nafitasari, a worker of PT. NPI who suffered an accident and was laid off in January 2018. To Atika, the company stated that they would be willing to take responsibility and bear all medical expenses due to said work accident experienced by Atika until she recovered.
“[The company] told me, that [they] want to pay for the treatment,” Atika said.
Atika is a victim of a work accident involving a press machine that makes the middle finger of her right hand cut off, on Monday, September 26, 2016. Allegedly, the condition of the press machine was not optimal, but the management ignored it and still ordered workers to keep working it.
The issue of contractual status (Perjanjian Kerja Waktu Tertentu/PKWT) remains unclear
Unfortunately, PT. NPI is still reluctant to settle the case of the employment agreement for a definite period of time (PKWT)—or in another term is contractual employment. To date, the company still refuses to reinstate Atika and eight other interns, as well as hiring them to be permanent employees.
The case concerning the PKWT should refer to the subject issued on 28 May 2018, which recommends that the status of the 7 PKWTs of their status be changed to an employment agreement for an indefinite period of time (PKWTT). However, until now the recommendation has not been acted upon by the company. In fact, one party from HRD claimed that he rejected the recommendations from Disnaker to change the employment status to permanent
In fact, Atika and other 7 contractual workers work in a continuous and fixed job. Under the terms of Article 59 of Indonesian Labor Law and Regulation of Manpower Ministry no. 100 of 2004, they should be appointed as permanent employees from the beginning. Hiring them as apprentices is unlawful. Until the report is revealed, the workers with the status PKWT have not paid their wages.
Faisal stressed that they will continue to fight for cases of violation of this PKWT through litigation and non-litigation. “We will continue to fight until [case] PKWT is solved,” said Faisal.
Indeed, this success is the fruit of SEBUMI’s continuous struggle to consistently demand the company to stop misappropriation and unfair conduct of its own workers. “It’s the result of our action,” Atika said.
Previously, dozens of workers working at PT. The NPI was laid off after a protest. This protest action was conducted in response to the breach of PKWT provisions by the company.
Those affected by the layoffs are also workers who are members of SEBUMI and actively advocating their fellow workers at PT. NPI receiving arbitrary treatment from the company, such as the negligence of the company in dealing with accidents, forced overtime, to non-compliant work facilities.
Translator: Yanuar Farhanditya
Editor: Rizal Assalam