This action might not be possible to undo. Are you sure you want to continue?
MID TERM ASSIGNMENT FOR INDUSTRIAL RELATIONS ADMINISTRATION
CYNTHIA VANESSA DJODJOBO PUBLIC RELATIONS 009200800007
That is why International Labour Organization held International Labour Conference that declared fundamental principles of rights at work specifically about freedom of Association. Unfair labor practices have been happening all around the world. Dominate or interfere with the formation or administration of a labor organization. Discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings. Refuse to bargain with the union that is the lawful representative of its employees. . it is more comprehensible if we take the definition from United States National Labor Relations Board (NLRB). 3. However. 5. whether or not a union exists. elimination of child labour and no discrimination at work. Discriminate against employees for engaging in concerted or union activities or refraining from them. INTRODUCTION Unfair labor practice can be defined as Legally prohibited action by an employer or trade union such as refusal to bargain in good faith. Although International Labour Organization through International Labour Conference has declared their fundamental principles. Below. Interfere with two or more employees acting in concert to protect rights provided for in the Act.I. 4. elimination of compulsory labour. it will be discussed about the unfair labour practice in Indonesia and unfair labour practice in India and the way the government of those countries handled and resolved the problem. 2. The definition is presented on details which include: 1. each country has its own regulation and approach for handling and solving unfair labour practice problem.
another case arise on 2007. Suddenly he was fired without warning letter and severance pay. CASE Unfair labour practice case in Indonesia Lestijoko.SMB Industrial where the company did not give employment contract. a labour who worked to record electricity meter for cooperation on 2004 was transferred from the cooperation to an outsourcing company.I. Similar case there happened in PT. It drove the Indonesian workers angry and spoke out about the unfair wages and position that have been happening in the company where they got underpaid for 7000 rupiahs an hour and the managerial position is particularly provided for the expatriate. he reported the outsourcing company to the ministry of manpower and social. . He lost but he requested for appeal which take six months of processing. He thought that he did not make a serious mistake. Last year there was also a case about unfair treatment from the expatriate to local worker. the labours protested about downgrading salary in the garment company last March. Drydock World Graha where the foreign supervisor teased the local worker by saying ³all Indonesian stupid´. He also got salary decreased from 790000 rupiahs a month to 5000 a month. After that case over. Because he felt that his rights were violated. In Batam. one of the director likes to say harass words and fired labours. He explained the contract of employment stated that an erroneous is only finable for 20000 rupiahs. He was deemed to make a mistake. For that reason.II. To solve the company only gave employment contract but other demands are ignored. DISCUSSION II. Another case in Batam was the harassing case in PT. he reported the case to the ministry of manpower and social in Surabaya.
Another case was about appointing contract workers instead of permanent employees. Some cases even dismissed. The worse thing is district autonomy that cause no direct supervision from the central labor department that weaken the desire to act according to the regulation. They also provide judicature institution. ARGUMENTS Both of this coutries has their own acts and judicature institution to solve unfair labour practice problem but. Most of those work to pay their family debts. The worse thing is those children mainly work in forms of hazardous occupations. there are Labour Act which are not well applied. how could the unfair labour practice keeps on happening? It¶s because the credibility and dependability of the governments are not well integrated in the government environment. In Indonesia. almost 90% of labour cases won by company. First. when its labour complained about agreement violation between management and Bata shop employees union Kolkata. Many employees were transferred beyond the work agreement. However. III. GOVERNMENT ROLES IN RESOLVING UNFAIR LABOUR PRACTICE Indonesia and India have many similarities in common about labours.III. government recommends bipartite and mediation between the labours which usually engage labour union. the management will cut the salary and underestimate them to join the management also threat them to terminate the service.II. got into some cases with employees and labours. There is slight difference between court in Indonesia and in India.Unfair labour practice case in India Bata India Ltd. Child labours also become a phenomenon in India because it has the largest number children labor in the world. Many times. It was filed by the Union of India. They did it without barely questioning anything because they are lack of education. Moreover. Other case happened there is the case of the termination of more than two hundred store manager. In Indonesia and India. the issues are not seriously handled because there are long jurisdiction process and individual concern for individual profit. III. .
some employer just transferred the labor with problem to get rid of the problem without get any sanction. It also happened sometimes that the state labour department just disregards the complained. labour acts sometimes are not followed with regulation about sanction if a company or person violates the labour acts. COMPARISON OF FACTS ABOUT UNFAIR LABOUR PRACTICE COUNTRY FACTS INDONESIA Labour Addressing labour report department Handling problem Judicature Institution tribunal Case winner Supreme court Mostly by employer Involved for mediation with Mediation Bipartite agreement Court Civil court Civil service arbitration Mediation Bipartite agreement Court and transmigration State Labour department INDIA - Labour court High court Supreme court Mostly by employer Involved for mediation with possibility Labour union to help in court possibility to help in court .Other than that. In India.
.IV. the government should broaden the role of unions as a place to gather labours aspiration to be reported to the higher authority. there is no sanction for the company if the severance pay is not paid. in Lestijoko case when he got fired without warning letter and severance pay. He could sue the company according to Labour Acts #. there should be reformation in person and in institution.For Indonesia and India. the labours and their family can have better life against poverty. That way.For Indonesia and India. For example. RECOMMENDATION There are some solutions that might work in both Indonesia and India in order to reduce the unfair labour practice: .For Indonesia and India The government should revise social warranty and pension according to life standard. .´ However.156 says ³When there is a lay off. what to do and what not to do.The government in Indonesia should revise the labour acts which only have regulations but have no sanction in order to strengthen the law in Indonesia.I. so the labour will be able to get a fair chance to talk. . CONCLUSION IV. so the labours especially the children labour will be able to understand their rights.For Indonesia and India. It might be revised so the company will think twice if they are unfair such as add ³if the labour do not get paid after 30 days. the government should provide training and education center. the employer has the responsibility to give severance pay and or reward pay of work duration and employee rights substitute money. . complain and get protection from the government regarding to their rights. . the company will get sanction in form of double the severance pay and do not allow to recruit either contract worker or permanent worker for 180 days.
2011 from http://www. Translated by Cynthia Vanessa Djodjobo Silaban. 2011 from http://www.html .blogspot.V. Retrieved June 4.businessstandard. Widodo S.consumercomplaints.in/complaints/bata-india-ltd-c341160.aspx. Retrieved June 4.lfip. REFERENCES Guntur.org/english/pdf/bali-seminar/Masalah%20aktual%20ketenagakerjaan%20- %20rekson%20silaban.com/india/news/bata-employees-allege-unfair-labour-practices/117546/on. Retrieved June 4. Cynthia Vanessa Djodjobo Translated by Bata India Ltd ± harassment by management.voila. Translated by Cynthia Vanessa Djodjobo Anshari M. Retrieved June 6.icmrindia. Indonesia labor act ± UU Tenaga Kerja Indonesia. Retrieved June 4. Translated by Cynthia Vanessa Djodjobo Bata employees allege unfair labour practice. Di balik rusuh buruh kapal Batam.com/2010/05/di-balik-rusuh-buruh-kapal-batam/.com/. Retrieved June 4. 2011 from http://monitorindonesia. Translated by Cynthia Vanessa Djodjobo Lestijoko.org/social-issues/child-labour-inindia. 2011 from http://www. Retrieved June 6. 2011 from http://azadindia. 2011 from http://www. 2011 from http://www. Masalah aktual ketenagakerjaan dan pembangunan hukum di Indonesia.web.pdf.id/profil-tokoh/lestijoko-buruh-sedang-berjuang-melawan-ketidakadilan.html Bata India¶s HR Problems. R. Buruh yang sedang berjuang melawan ketidakadilan.htm Child labour in India.org/casestudies/catalogue/Human%20Resource%20and%20Organization%20Beha vior/Bata%20IndiaHuman%20Resource%20and%20Organization%20Behavior%20Case%20Studies. 2011 from http://indo-laboract. Retrieved June 4.
wikipedia. India Pakistan Trade Unit.22 ILO declaration on fundamental principles and rights at work. Indian Employment Law.htm .org/wiki/Indian_labour_law Indian Trade.businessdictionary. 2011 from http://en.22unfair_labor_practice.org/actrav-english/telearn/global/ilo/law/idec.itcilo.html) Unfair labour practice.org/wiki/Unfair_labor_practice#Definition_of_.wikipedia. 2011 Unfair labour practice definition (http://www. 2011 from http://en.com/definition/unfair-labor-practice. Retrieved June 6. Retrrieved June 6. Indian Work Permits. Retrieved June 7. Retrieved on June 7. 2011 from http://actrav.Indian labour law.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.