Indonesian garment workers negotiate - Indonesia, 2022

Name: AlfidaArsini
Age:  27 years old
Nationality: Indonesian
Location: PT Chang Shin Indonesia, Karawang, West Jawa
Profession: garment worker

At PT. Chang Shin Indonesia, which is a Korean company producing sport shoes and sandals, Alfida is a member of the local GARTEKS company union. Most of the workers in the factory have no clue what are the benefits of becoming a union member. They have no knowledge about what a collective bargaining agreement (CBA) is, let alone how it is negotiated. They have little understanding about their labour rights that are being violated, and about gender equality at the shopfloor. 

The local branch of GARTEKS provides basic training to the workers in the factory who become member of GARTEKS and explain them about their basic labour rights, about how to negotiate with the management and about CBA’s. The workers also receive training on gender equality. Once they have had the training the workers are able to understand better their own situation in the factory and what are the minimum labour standards that should be respected. Many workers, through the training, are also capable of solving their problems without any assistance from the local branch or from the National Board of GARTEKS.

Some results by intervention strategy...

Labour rights

More than 60.000 workers, of which 47% women and 32% younger than 35 years old, benefitted from activities pursuing more awareness, a better understanding and knowledge of the regulation on the wage structure and scale, on the Job Creation Law and its impact on workers, on how to negotiate CBA’s and MoU’s, on how to prevent and deal with gender-based violence at the shop floor. In several companies CBA proposals were drafted or agreements were concluded and signed. The minimum wage increase announced for 2023 is 7%, which is more than the inflation rate in 2022 (5,51%) or economic growth (5,77%).

Social security

53.597 people, of which 40% women and 30% younger than 35 years, were reached through actions focussing on access to better social security.

OCCUPATIONAL HEALTH AND SAFETY ARE WORKERS’ FUNDAMENTAL RIGHTS - INSP!R INDONESIA

Press Release 28 April 2021 Commemorating International Occupational Safety and Health Day

According to data from BPJS Ketenagakerjaan (Social Insurance Body on employment), cases of work accidents in Indonesia continue to increase from year to year. In 2017, BPJS Ketenagakerjaan recorded as many as 123,040 work accident cases in Indonesia (with a claim fee of IDR 971.95 billion), which increased in 2018 to 173,415 cases (with a claim fee of IDR 1.22 trillion) and increased again in 2019 to 182,835 cases (with a claim fee of IDR 1.57 trillion). Of these work accident cases, over 4,500 people died and more than 2,400 caused disabilities.

As of January 2021, the Indonesian Doctors Association (IDI) recorded 504 health workers died due to COVID-19. They consist of 237 doctors, 15 dentists, 171 nurses, 64 midwives, 7 pharmacists and 10 medical laboratory personnel. This number still excludes support staff such as cleaners, hospital staff and health volunteers who died or were exposed to COVID-19 due to their work. The death rate of health workers in Indonesia is the highest in Asia and the fifth largest in the world.

Every worker has the FUNDAMENTAL RIGHT to live and be healthy, avoiding work accidents or occupational diseases. Law number 1 of 1970 concerning Occupational Safety and Health (OSH) lays down the basic principles of implementing OSH. The OSH management system must be implemented in all workplaces, without exception, including the requirements for health protocols, personal protective equipment, OSH training, supervision, prevention, and treatment. Social security, especially death and work injury insurance, must be implemented in all workplaces.

The high number of deaths and disabilities continues to increase due to accidents and diseases in the workplace, among others caused by:

1. Law no. 1 of 1970 concerning Occupational Safety and Health (OSH) can no longer answer current challenges and problems, especially after the COVID-19 pandemic
2. The government has not made OSH a priority issue, so education and socialization regarding the regulations and importance of OSH are not optimal, especially for contract workers, seasonal workers, digital platform workers, informal workers, domestic workers, migrant workers, and workers with disabilities.
3. The weak role of labor inspectors and law enforcement to ensure that OSH provisions are carried out properly according to the provisions, as well as the ineffective role of the OSH tripartite institutions at the national down to the company level.
4. Weak awareness of employers to comply with legal rules on OSH. There are still many employers who consider OSH as a cost or burden, not an investment in human resources that can support workers productivity.
5. There are still many workers who have not been registered with the employment Social Security program, especially women workers in the informal sector, contract workers, seasonal workers, digital platform workers, domestic workers, migrant workers, and workers with disabilities. As of February 2021, the number of active participants in Work Accident and Death Security benefits from groups of wage earners was 19.26 million, migrant workers were 350.000, construction service workers were 5.46 million people and participants who did not receive wages were 2.68 million people.
6. The process of claiming work accident or occupational disease benefits is carried out by the company, while often the company is reluctant to report a work accident or occupational disease in order to maintain its 'zero accident' status. This is detrimental to workers, especially for workers who are exposed to diseases but are no longer working in the company.
7. Apart from the problems above, currently BAPPENAS (National Planning Body) and DJSN (National Council of Social Security) are initiating a merger of the JKK (Work Injury Program) and JKN (Health Care Program) so that later curative financing due to occupational accidents and occupational diseases will be managed by BPJS Kesehatan (Social Security Body for Health). This plan will certainly be detrimental to workers who have received work accident insurance services in the form of curative, rehabilitative, and unemployment benefits, to vocational training.

To that end, we, International Network for Social Protection Rights Indonesia (INSP!R Indonesia), representing 13 civil society organizations, part of the International Network for Social Protection Rights (INSP!R), are demanding the Indonesian government to:

1. Immediately revise Law no. 1 of 1970 concerning Occupational Safety and Health to answer the latest OSH challenges, and to make OSH a fundamental right for every worker, equally for men and women, without exception, in all workplaces, including OSH for contract workers, seasonal workers, digital platform workers, informal workers, domestic workers, migrant workers and workers with disabilities. Hereby, INSP!R Indonesia supports the position of the Government of the Republic of Indonesia to include OSH as a fundamental right of workers at the ILO 110th Session of the International Labour Conference in 2022.
2. Increase the role of supervision and law enforcement of OSH regulations, as well as ensure the effective role of the OSH tripartite institutions in companies, particularly the implementation of Health protocols in all workplaces.
3. Conduct education and socialization on OSH to all workers, with budget support from the APBN / APBD (National budget/ District budget) and BPJS Ketenagakerjaan (Social Security Body on Employment).
4. Encourage the Ministry of Manpower and BPJS Ketenagakerjaan (Social Security Body on Employment) to open an effective space for reporting, complaints and claim benefits for work accidents and occupational diseases, including for persons with disabilities.
5. Expand the participation and benefits of the Work Injury Security and Death Security Program for contract workers, seasonal workers, digital platform workers, informal workers, domestic workers, migrant workers and workers with disabilities.
6. Strictly reject the plan to incorporate the Work Accident Insurance into the National Health Insurance because it will undermine benefits of programs for workers.
7. Support the implementation of the “Independent” COVID-19 Vaccine, with strict rules and supervision without burdening workers at any cost.

Please maintain Health protocols.

List of member organizations of INSP!R Indonesia:

1. KSBSI (All Indonesian Trade Union
2. Confederation)
3. BPJS Watch (Social Security Watch)
4. KPI (Indonesia Women Coalition)
5. PJS (Association of Mental Health Indonesia)
6. JBM (Migrant Workers Network)
7. TURC (Trade Union Research Center)
8. Flower Aceh (Aceh Women Organization)
9. Gajimu.com (Platform on Wage)
10. LIPS/TPOLS (Sedane Labor Institute)
11. GARTEKS (Trade Union Federation of Garment, Textile, Leather and Shoes)
12. REKAN (Indonesia Health Volunteer)
13. KAPRTBM (Coalition of Domestic workers and migrant workers)
14. JAPBUSI (Indonesia Workers Network on Palm Oil)

Migrant, garment workers and social security - Indonesia in 2019

Yusi Candi is a migrant worker who worked in Saudi Arabia. She was struck by disaster while working abroad but now her condition has improved. Currently Yusi works as an honorary teacher in a kindergarten in Karawang district, where she previously had worked as a migrant worker. Yusi didn’t not know all of her rights and obligations as a migrant worker until she had an accident. In Indonesia she was assisted by SPMI and she learned why for prospective migrant workers it is important to be recruited through legal channels. She now passes on the information to other migrant workers , whom plan to go working abroad.Yusi also played an active role in her area helping with the handling of cases of abused migrant workers for SPMI. She’s also thinking of becoming an organizer for SPMI in her living area, aside from her job as a teacher. That way Yusi hopes she can contribute to the trainings of SPMI in this area, so she can provide a better understanding and training to migrant workers before they go abroad on how to migrate in a legal way, and what are the legal rights of Indonesian migrant workers going abroad. Because in Yusi’s living area there are still many illegal departures.

Political, economic and social context
Presidential elections were held on 17 April 2019. Incumbent president Joko Widodo won 55,5 % of all votes, while his opponent Prabowo Subianto lost the election with 44,5% of the votes. However, as in 2014, Subianto was not ready to accept the result and petitioned the Constitutional Court to cancel the results of the election, bringing fraud allegations against Widodo. This created a lot of political tension, with protesters rioting in the streets of Jakarta. In the end the Court ruled against the petition of electoral fraud and upheld Widodo’s victory. In October President Widodo surprisingly appointed Subianto as Defense Minister in his new government. The new cabinet introduced a draconian package of economic reforms, also known as the ‘OMNIBUS – law’. The Indonesian government says the goal of the package is to create jobs and to increase competitiveness through simplification of existing laws, making it easier for businesses to invest. However, partner organization KSBSI says that the ‘OMNIBUS – law’  (which is actually a cluster of 74 different laws, divided over 11 policy areas) will substantially remove the existing protection mechanisms for workers that have been created over a period of 20 years, not in the least the Labour Law of 2003 and the Law concerning Trade Unions of 2000. Together with two other trade union confederations KSPI and KSPSI, KSBSI has reactivated the union platform MPBI, to lobby against the enactment of the OMNIBUS – law.