FURLOUGH AND RELATIONSHIP WORK RELATION OF WORKERS PT FREEPORT INDONESIA
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Mr. Jokowi Widodo President of the Republic of Indonesia
Mr. Muhammad Hanif Dhakiri Minister of Manpower
Facts of Law and Human Rights Violations against PT Freeport Indonesia Employees.
There are three things that stand out after the enactment of Government Regulation no. 1 of 2017 concerning the Fourth Amendment to Government Regulation no. 23 of 2010 concerning Mineral and Coal Mining Business Activities;
1. Change of Share Divestment to become 51% which must be paid by company to Government of Indonesia.
2. Development of Smelter for the purification of domestic basil.
3. Obligation to change the Contract of Work into Mining Business License (IUP) and Special Mining Business License (IUPK).
Based on the above three points, there has been a tug-of-war or negotiation between the Government and PT Freeport Indonesia which is not over, the impact of which resulted in the company claiming to need to take cost efficiency measures. On the basis of such claims, and on February 20, 2017 PT Freeport Indonesia issued a strategic policy in the form of a 'Furlough' efficiency program under the further pretext that the Company was at a loss as unable to sell the concentrate. However, the statement that the loss-making company can not be proven, even today PT Freeport can still sell their products. In other words, PT Freeport Indonesia's claim action is not proven.
Here are the facts that fall into the category of violations of Law and Human Rights that occurred due to the actions of PT Freeport Indonesia:
furlough (house worker) this term is not governed by the law of the Republic of Indonesia;
Voluntary Employment Termination Program (PPHKS). but called to receive PPHKS until one was brought home and refused to file a PHI court, this was in contrast to the voluntary principle;
Spontaneous action as a form of action of workers 'expression due to actions that violate and forcibly exclude workers' human rights;
The PTFI Workers Union has written three times starting from February on the invitation to negotiate on furlough policies issued by the company but the company never responds to the negotiations on the grounds that the policy is a strategic policy that does not require negotiations - as mentioned above;
Since the strike on 1 May 2017 categorized as defunct by the company, PTFI commits a violation by directly deactivating the access of BPJS (the national health care security) membership resulting from strike which leads to unilateral layoffs, and
employers of intervention and discrimination or interference in the dualism of trade union leadership (SPKEP SPSI). In other words, entrepreneurs can not and -not to intervene or interfere in internal issues of trade unions, including matters of governance.
In performing the general duties of the Government and the public service, the Government Official / Apparatus has a principle known as "general principles of good governance", among others; principles, equality, legal certainty, equilibrium, equality in taking the Decision of State Administration Tools, Acting Conscientiously, Motivating for Any Decision, Do Not Mix the Authority, Eligible Games, Justice and Fairness, Responding to a Fair Expectations, Eliminate the Consequences of a Canceled Decision, Protection and View Life and Wisdom.
Here are the facts that fall into the category of violations of Law and Human Rights that occur as a result of the actions of Government Officials / Apparatus:
Whereas the meaning of a crime or unlawful Violation is the existence of complaints and reports from the Employees, their Families and Trade Unions, against some responsible Government Agencies related to the violation of the constitutional rights of the employees but there is no clear response or action showing the seriousness of addressing all the problems employees.
Since the introduction of the Furlough Program on February 26, 2017, employees have mailed no. ADV.019 / PUK SPKEP SPSI PTFI / II / 2017 to the Minister of Manpower and Transmigration of the Republic of Indonesia (Menaker RI) concerning requests for assistance to PTFI unilateral action but Minister of Manpower did not respond and immediately respond to complaints.
In addition to the Minister of Manpower, the employees have sent a letter 2 (two) times on March 20, 2017 against the Head Office of Manpower Transmigration and Public Housing Kab. Mimika (Disnaker Mimika) with No. Adv.029 / PUK SPKEP SPSI PTFI / III / 2017 concerning Furlough and Union busting, and a second letter with no. ORG.107 / PUK SPKEP SPSI PTFI / VII / 2017 concerning legal strikes categorized as defaulters by PT FI, THR and BPJS spontaneous disposal of access problems by PTFI to its employees. but here provide a letter of response with no. 560/800/2017 on August 28, 2017 by giving 3 (three) opinions, namely: 1. That the definition of Furlough not regulated in the Manpower Act. 2. We will assign the Supervisor to conduct a special labor inspection to PT Freeport Indonesia and request for evidence from PTFI management. Reinforced by appeals from the Department to the Ministry of Manpower cq Dirjen supervision and K 3 dated 24 August 2017 number: 565/687/2017. 3. THR, BPJS and others related to employees who are on strike awaiting the results of Special Labor Inspection 4. Based on the letter of response and reaffirmed in the Decree of the Minister of Manpower of the Republic of Indonesia No. 43 Year 2017 issued on March 9, 2017 concerning the Monitoring and Prevention Team on Employment Issues in PT FI decided on several matters, summarized as follows: 1. Establish a Monitoring and Prevention Team on Employment Issues at PTFI. 2. The purpose and objective of establishing a Monitoring and Prevention Team on Employment Issues to create conducive conditions of relations and to anticipate and prevent the emergence of labor problems. Based on the above points, what is meant by the Team for Monitoring and Preventing Employment Problems / Special Teams there is absolutely no progress and action as well as the efforts that should be immediately undertaken to address and resolve and look for evidence related to human rights violations of PTFI employees, but here the Special Team also can not perform its duty to prevent or anticipate employment problems, due to the facts of the problems and the violations committed by PT FI to its employees have resulted in profound losses and suffering and forcibly repealed the inherent constitutional rights of the employees. 5. In addition, after requesting and assisting the Dinas and Me Labor intent. Employees also requested assistance to the Indonesian National Commission on Human Rights (Komnas HAM RI), Commission IX of the House of Representatives (DPR), DPD RI, Provincial DPRD and Kab, Ombudsman and President of the Republic of Indonesia. But again there is no real and decisive action that proves the seriousness to solve the problems faced by the employees of PT FI 6. That related to the disabling of BPJS, and request assistance to the National Social Security Council (DJSN) where here DJSN sent a letter on 31 August 2017 to the President Director of BPJS Health and the President of the Republic of Indonesia with No. 840 / DJSN / VIII / 2017 activation of the National Healthcare (JKN) service from PT FI with the following letter summarized as follows: Following the result of plenary meeting of DJSN dated August 15, 2017, there was a report of the complaint of JKN PPU service from PTFI on May 24, 2017, herewith submitted the following matters: 1. DJSN has handled complaint report; 2. Based on the disabling of JKN service on May 24, 2017 against Mr. Ama Nurjaman Houbrow and approximately 4000 PPU PT FI and approximately 9000 others, violated 3 (three) principles of SJSN: Humanitarian Foundation, Justice Principle and Utilization Principle, and 3. BPJS Health has neglected to prevent discriminatory acts against you. Ama Nurjaman Houbrow because his health access status should be still active. Based on the above explanations, we strongly suspect that the Government and State Agencies can not take any action or decision to resolve and resolve the PTFI employee rights dispute that is getting protracted. So we ask:
Mr. President Jokowi Widodo as a form of Nawacita help us Workers in Freeport Indonesia has been nine months indecisive, limped out and abandoned by Freeport. work as soon as revoked and evaluation of ministerial decree 43 Year 2017 on Monitoring Team, Prevention of Labor Problems of PT Freeport Indonesia, Corporate Privatization and Contractor in PT Freeport Indonesia Working Area. It is not effective anymore because the problem has happened so many months protracted - so late WHAT the team want to monitor and prevented ..... ??? immediately get off the team Quick Reaction This labor inspector is very urgent National humanity is not just issuing regulation and rhetoric ....... !!!
Mr. ESDM Minister Ignasius Jonan as the form of cabinet work, work and work as soon as audit before extending the license of export PT Freeport's concentrate as a result of the Negotiation of Contract of Work to IUPK process is really a loss for us to deliver workers who are violated the constitutional rights of citizens.
Greetings, Coalition of Victims of PT Freeport Indonesia 2017 Workers
PIC : lokataru law and human rights office
This petition will be sent to:
President of the Republic of Indonesia
Mr. Jokowi Widodo
Minister of Manpower
Muhammad Hanif Dhakiri
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