Garment: Trade Union

TRADE UNION/LABOR UNION IN GARMENT SECTOR

1. What does Trade union/Labor Union?
2. What are rights and obligations of garment workers if they become the members of trade union?
3. In what ways, garment workers can establish trade union?
4. In what ways, a garment worker can leave one union and join or not join another union?
5. Is it permissible to have more than one labor union within one company?
6. Garment industry’s workers are usually women, is it safe for them to join trade union?
7. What forms of action are considered to impede people's freedom of association? 
8. What can be done if there is a violation of freedom of association?

NEGOTIATING RIGHT FOR GARMENT WORKERS

1. What does negotiating right mean?
2. What matters can be negotiated with employers?
3. What does Collective Bargaining Agreement mean (PKB)?
4. How to make Collective Bargaining Agreement mean (PKB) for garment companies?

STRIKE

1. What does strike means?
2. Are strike and demonstration the same?
3. Are garment workers allowed to join a strike?
4. When are the garment workers permitted to join a strike?
5. What makes a strike illegal?

TRADE UNION/LABOR UNION IN GARMENT SECTOR

What does Trade union/Labor Union (SP/SB) mean?

SP/SB is an organization established by workers, from workers and for workers. The main purpose is to fight for the welfare of members and their families. Trade unions can be in the form of unions formed within the company or outside the company.

What are rights and obligations of garment workers if they become the members of trade union?

The Rights and obligations of a member of trade union is specified in internal rules of respective trade union. However, generally, a member of trade union is entitled to a defense for labor issues he/she experiences at work. Whereas, the obligation of , a member of trade union, in general, is paying membership fee and complying with all the union’s rules.

IN WHAT WAYS GARMENT WORKERS CAN ESTABLISH TRADE UNION?

Establishing a trade union requires a minimum of 10 workers. Workers establishing trade union must appoint the management, draw-up Articles of Association/Bylaws of the organization, and subsequently register the union to a local employment agency in order to obtain recording number. After recording number of the union is issued, the union must be recognized by law and obtain legal protection. 

IN WHAT WAYS A GARMENT WORKER CAN LEAVE ONE UNION AND JOIN OR NOT JOIN ANOTHER UNION?

If the trade union has been established, workers can join by filling out a registration form in order to become members and enclosing the necessary requirements. Meanwhile, if a worker wishes to leave the union, then the worker is required to make a statement of withdrawal from membership or fill out a form of resignation from membership of the trade union.

Is it permissible to have more than one labor union within one company?

Yes. Employment regulation does not limit the number of tarde union in one company. So that, it is possible that there are more than one trade unions in one company.

Garment industry’s workers are usually women, is it safe for them to join trade union?

Of course. Female workers who are vulnerable and more likely experiencing various working rights’ violations, because they are workers and women who are more fragile, they must fight for their rights through the SP/SB organization. Moreover, this organization has the right to negotiate working conditions through collective bargaining agreement. PKB is an opportunity to include working conditions that protect workers' rights, especially the rights of female workers.

WHAT FORMS OF ACTION ARE CONSIDERED TO IMPEDE PEOPLE'S FREEDOM OF ASSOCIATION?

Actions deemed to impede the freedom of association may include but not limited to demotion, transfer, suspension and even termination of employment, as well as other actions taken to prevent people from joining associations. Another action that often occurs is discrimination in treatment in employment and position for union members. For example, the company decides that a trade union officer cannot be nominated to be the head of the section because of his/her union activities in the company. 

WHAT CAN BE DONE IF A VIOLATION OF FREEDOM OF ASSOCIATION OCCURS?

If violation of freedom of association occurs, there are several measures that can be taken:

1. The violation may be settled by initial negotiation between SP/SB and the employer. 
2. If they fail to reach a settlement, then this violation may be reported to Employment Supervision Division of Local Provincial/Municipal/Regency’s Agency. 
3. Or it may be reported to police considering that violation against freedom of association is a criminal offence (Article 43 of Law Number 21 of 2000 on Trade Union/Labor Union).

NEGOTIATING RIGHT FOR GARMENT WORKERS

What does negotiating right mean?

Negotiating right is the right of a worker to negotiate with his/her employer, in relation to his/her working condition and walfare.

What matters can be negotiated with employers?

All matters, starting from working hours, wage, types of jobs, leaves, overtime, allowances, and all matters in relation to the working condition and welfare of the related employee.

WHAT DOES COLLECTIVE BARGAINING AGREEMENT MEAN (PKB)?

collective bargaining agreement is a employment agreement made by the employer (employing organization) and SP/SB as the result of negotiation and mutual concurrence, which specifies the rights and obligations, working condition in the company or in other relevant sectors, registered to an authority having responsibility over employment affairs.

HOW TO MAKE COLLECTIVE BARGAINING AGREEMENT (PKB) FOR GARMENT COMPANIES?

The main requirement of Trade Union/Labor Union for negotiating collective bargaining agreement with the company is that the Trade Union/Labor Union represents more than 50% of the total number of workers in the company or has support from other workers/laborers other than the Trade Union members through a vote in order to meet the requirement. If the company has more than 1 Trade Union/Labor Union, then those who can negotiate are only 3 (three) Trade Unions/Labor Unions or a combination of Trade Union/Labor Union whose membership represents at least 10% of all workers in the company.

Furthermore, Trade Union/Labor Union must conduct Collective Bargaining Agreement negotiations, including: preparation (proposing negotiations, drafting the Agreement, agreeing on negotiation rules/rules, etc.), negotiation stage, drafting stage, registration stage (registering PKB to the agency/Manpower Office), and the stage of socializing the contents of CLA to every worker/laborer.

STRIKE

WHAT DOES STRIKE MEANS?

According to Law Number 13 of 2003, a strike is an action of workers/ laborers that is planned and carried out jointly and/or of a trade union/ labor union to stop or slow down work. This means all actions aimed at stopping or slowing down the work done by workers together.

ARE STRIKE AND DEMONSTRATION THE SAME?

A strike is different from a demonstration, because a demonstration is a way to express opinions in public and openly with the aim of getting the attention of the people, whereas a strike does not have to be carried out in public and open places. Strikes can also be carried out in the workplace (not out of the room), as long as they are carried out together and aim to stop or slow down work. Another difference is that the protection for strikes is regulated in labor regulations while the protection for expressing opinions in public is regulated in Law Number 9 of 1998 concerning Freedom to Express Opinions in Public.

ARE GARMENT WORKERS ALLOWED TO JOIN A STRIKE?

Garment workers are the same with other workers, they are allowed to join a strike because joining a strike is the right of workers that is protected by Law. Because this is the right of workers, workers who join a strike are protected by law and still get their rights as if the worker was working during working hours. However, the rights of workers during a strike may only be fulfilled if the strike that is carried out by fulfilling the requirements prescribed by the laws and regulations.

WHEN ARE THE GARMENT WORKERS PERMITTED TO JOIN A STRIKE?

A strike can be carried out if the negotiation efforts undertaken for an industrial relations dispute fail to reach an agreement or settlement. The failure of negotiations is the main condition for carrying out a strike. In addition, there are other conditions, such as notification of a strike to all relevant parties and the implementation of a strike that must not violate the rules as it must be carried out in an orderly manner.

WHAT MAKES A STRIKE ILLEGAL?

A strike is illegal if it:

1. Is carried out not because of negotiation that fails; and/or
2. Without notice to the employer and employment relations authority; and/or
3. By notice that less than 7 (seven) days prior to the execution of strike; and/or
4. The contains of the notice is not in accordance with Article 140 paragraph (2) points a, b, c, and Law Number 13 of 2003 on Employment.