PT. Fuji Seat Indonesia is a foreign company producing car-seats for a leading automotive company in Indonesia, PT. Astra Daihatsiu Indonesia, with a production capacity of 1400-2000 seats per day and employing 700 workers. To meet the needs of a very large workforce, the company is still recruiting new workers until today.
According to the provision of Labour Law No. 13 year 2003, Article 59, stating that if a company employs workers with contract status at their core-business, the status of the workers by-law is permanent. It was also confirmed by the Notes of Inspection issued by the Manpower Department of Karawang district and strengthened by the Collective Agreement on November 8, 2012.
However, the company has been disobeying the collective agreement and ignoring the Notes of Inspection of the related authority by not appointing the workers as permanent workers, which means that the company has violated the provisions of Labour Law No. 13/2003, the major Labor Law in Indonesia. Instead, the company unilaterally terminated and suspended their workers and did not pay compensation as the rights of the workers. The layoffs is violating legal procedures and mechanisms set in the Labour Law No.13 /2003 which resulted in unpaid wages, process wages, compensation and other rights.
PT. Fuji Seat Indonesia Jl. Maligi VII Lot S-6 KIIC Karawang
Email : firstname.lastname@example.org
PT. Astra Daihatsu Motor (as Primary Costumer)
Jl. Gaya Motor no. 5 Sunter II Jakarta Utara 14330
Email : email@example.com
(To be submitted to the President Director)
Herewith we submit the following statements:
1. That you have violated the provisions of Labour Law No. 13 2003 related to the implementation of the labor - contract system in your company by hiring workers within the core-business section of your company in PKWT status / contracts-based status over years. Though the Supervision Division of the Manpower Department of Karawang district has issued Notes of Recommendation/Examination on the implementation of the contract system, however, you keep ignoring it;
2. That you have been continually committing systematic efforts, by involving the foremen, to intimidate workers who are initiating worker union (People LaborUnion / SERBUK Fuji Seat), proven by your statements you claimed in many occasions that the union is illegal;
3. That you have terminated several workers who are also the appointed Board of the Union, SERBUK Fuji Seat. You terminated M. Marwan (the Treasurer of the Union), suspended against Riki Hermawan (Chairperson), Iwan Hermawan (Advocacy Division), Ahmad Daryadi (Secretary) and Ono Karyono (Member) just 2 days after they conducted a protest against the company demanding for their normative rights, while dozens of other workers were threatened by unilateral termination without any compensation;
4. That you refused to conduct negotiation with SERBUK Fuji Seat;
5. That you have threatened the Boards of SERBUK Fuji Seat to criminalize them.
Therefore, we believe that your company has violated Indonesian Labour Law and has been practising systematic Union Busting efforts which has become an issue fought by workers all over the world. Committing union busting will only mean turning your company as the ENEMY of the workers in all parts of the world. Thus, we urge you to immediately comply Indonesian laws, stop any forms of intimidation and reinstate the workers.
Whereas to the Leaderships of PT. Astra Daihatsu Motor, we called for immediate pressure onto PT. Fuji Seat Indonesia (as the supplier-company) for them to obey Indonesian law. The slow and prolonged settlement of these cases will lead to mass rallies and protests from our comrades nationally as well as internationally against PT. Fuji Seat (Karawang) and will directly disrupt supplies to your company.
We do look forward to your immediate response. Thank you.