Witness on Labor Act Review: No Warranty for Laid-off Workers
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Constitutional Court held two cases review of Labor Act number 67/PUU-XI/2013 and 69/PUU-XI/2013 on Tuesday (10/9). At this meeting Petitioner presented witnesses and experts who reveal their powerlessness in the face of worker layoffs.

Petitioners 69/PUU-XI/2013 were Jazuli, Anam Supriyanto, and Wariaji produced witnesses named Eka Hernawati. She explained that he was a union worker. She admitted initially be suspended by the company where he worked, PT Kurnia Anggun, and reported by the company to the East Java Police. When reported the case was handed to Mojokerto Police.

Eka also explained that during the period of suspension he is paid by the PT Kurnia Anggun. However, after the case is tried in the District Court of the District Mojokerto and the verdict on March 31, 2010, Eka found not guilty. Filed an appeal of the decision by PT Kurnia Anggun, the Supreme Court also stated Eka innocent. Although found not guilty by the court, Eka remained were laid off by PT Kurnia Anggun with disharmonic reason. "From the decision I am no longer able to work because I sued the company in a lawsuit layoffs PHI with the eventual layoffs due to the reason that carried disharmonis," said Eka.

Need Direct Protection

Petitioner in number 67/PUU-XI/2013 presented Timboel Siregar as Secretary General of the Indonesian Labor Organization as an expert. He said that the real conditions of workers in Indonesia are still dominated by primary and secondary school graduates. Judging from the wages of the workers in 33 provinces in Indonesia, continued Siregar, only 11 provinces that have 100 percent of the minimum wage Living Needs (KHL) .

Although Labor had minimum wage, Siregar confirmed that workers were not included in the poor group established by the government so it did not get to the poor facilities like JAMKESMAS and BLSM." Labor was considered middle class, but the fact that workers only get limited to wages that have not reached the KHL. Sixty- three percents of formal workers according to the Manpower is currently limited to a wage or below minimum wage," said Siregar.

Workers came to deplorable conditions when they have experienced layoffs and did not receive proper severance. Because the laid-off workers receive little social security so the government should have a policy to be able to bear life when laid-off workers. "It must be a government policy that could bear the labor. When workers were laid off he will have no trouble when there was an unemployment benefit, as in the ILO Convention No. 102. But the current government has not ratified it and still put forward five course program that guarantees death, workplace accidents, JHT (Old Age Security), health insurance, and retirement security," said Siregar.

Siregar also emphasized the need for an immediate protection for workers when laid off for any reason, including bankruptcy. The protection is actually true according to Siregar set in Act No. 13 of 2003 in the form of layoffs compensation provided for in Article 165 in the event of the bankruptcy process. (Yusti Nurul Agustin / mh)


Wednesday, September 11, 2013 | 16:44 WIB 128