Gender-Responsive Collective Bargaining Agreement (CBA) Workshop Banten
September 15-17, 2023
From September 15 to 17, 2023, a total of 31 trade union representatives from factory levels, representing 16 Textile, Garment, Shoe, and Leather (TGSL) factories in Banten and its vicinity, gathered to participate in the Gender-Responsive CBA Workshop. This workshop specifically targeted trade union officials who were in the midst of CBA negotiations with management. The goal was to empower these officials to draft and negotiate CBAs beyond normative regulations and embrace a gender perspective.
Day One: September 15, 2023
After introductions and setting the workshop ground rules, the Makin Terang Team kicked off the workshop with the first session on genuine trade unions and collective bargaining. Facilitated by Zulfikar (TURC), this session encouraged participants to reevaluate the role of trade unions, their primary mandates, trade union history, the history of collective bargaining, collective bargaining principles, the distinction between CBAs and Company Regulations, and the stages of CBA formulation. A key takeaway from this discussion was the potential for trade unions to play a pivotal role in workplace policy politics by bolstering their organizational capacity. The primary avenue for this influence lies in CBAs, which serve as legally binding sources for workers and companies.
During the discussion session, participants began sharing their experiences in CBA negotiations; challenges faced post-omnibus law, and the complexities of aligning the demands of various unions within a single company.
In the subsequent session, participants were introduced to the Gajimu website, a valuable resource for legal labor information and data that can be used as negotiation and advocacy material. Fifi from Gajimu provided an overview of what can be found on gajimu.com and gajimu.com/garmen.
One of the noteworthy features of gajimu.com is its CBA database, which contains a collection of CBA documents from various companies curated by the WageIndicator/Gajimu team. Participants were given hands-on experience accessing and navigating the CBA database on Gajimu.com. Participants accessed hundreds of CBAs from various industrial sectors and countries in the CBA Database and could compare clause wordings.
In the first day's final session, Venda from TURC assisted participants in understanding the gender-responsive paradigm that can be incorporated into CBA content. This session was crucial for recognizing gender inequality, particularly in the workplace. Through CBAs, trade unions can pave the way for safe workplaces, free from violence and harassment, and ensure women's rights. This is reflected in various CBA clauses addressing anti-discrimination, the elimination of sexual harassment, occupational safety and health, and maternity rights for female workers (maternity leave/miscarriage leave, breastfeeding, and paternity leave). A key point from this discussion was that gender-responsive clauses in CBAs do not necessarily have to adhere strictly to normative rules but can also refer to conventions or other ideal draft documents.
Day Two: September 16, 2023
Before delving into the discussion topics of the second day, facilitators encouraged participants to recap the first-day materials. Next, Biko from TURC introduced tools for mapping labour-related topics outlined in CBAs within companies. Through mapping, participants could identify topics that were not covered or areas that needed improvement in future negotiations. Participants were then introduced to the Inventory Problem List (Daftar Inventarisasi Masalah or DIM). This tool simplifies drafting CBA clauses along with supporting data and arguments. Each group of companies received assistance from facilitators from Gajimu, TURC, and two program interviewers, Erwinanto from GARTEKS and Abdul Munir from the National Workers Union (SPN).
Subsequently, participants began presenting the results of their mapping and DIM from their respective factories. Other participants were encouraged to provide input and suggestions based on their experiences in their factories. Such discussions aimed to assist participants in reasoning when formulating and drafting CBAs and negotiating more effectively. By the end of the second day, three companies had successfully presented the results of their DIM mapping. Some of the topics selected by participants included Layoff Compensation, Menstrual Leave, and Prevention of Workplace Violence and Harassment.
Day Three: September 27, 2023
On the third day, participants continued their presentations on the results of mapping and DIM from their respective factories. Topics discussed included overtime regulations, equal pay for equal work, wage protection, disabled workers, leave entitlements, layoff procedures, breastfeeding rights, maternity and miscarriage leave, health and care, holiday bonuses, and non-discrimination policies.
One fascinating topic was the clause addressing layoffs for workers caught lending money to their fellow workers with exorbitant interest rates (usury). On the one hand, this clause was seen as a suitable sanction, given the frequent disputes over financial loans between workers. On the other hand, it was viewed as discriminatory because the sanctions were only applied to lenders. In response, trade unions proposed a more equitable clause. For prevention, CBAs reinforced the role of cooperatives and discouraged financial loans outside of cooperatives. In the event of disputes, both parties would be subject to a fair process, not because of personal/civil debts but due to workplace conflict that disrupts the working environment.
As a follow-up to the workshop, TURC and Gajimu will monitor and initiate discussions on the clauses to be drafted by participants for improving CBAs in their respective companies. The event concluded with participants completing individual comprehension assessments on the discussed topics and a group photo.
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