FPBI Fights For Public Dismissall From PT Arnott’s Indonesia
PT Arnott’s Indonesia
PT Arnott’s Indonesia is a food industry which located in Wahab Affan Streets , Bekasi. PT Arnots Indonesia produces : good times, tim tam, nyam- nyam, sticko, venesia, and presites. Arnots Indonesia has been starting from 1865. The company has many experiences and it makes they became a leader in this sector.
In 1991 the company used BMS (Bukit Manikam Sakti) as their name. It produced some products such as : Nyam nyam, Slamet, and Goodtime. In 1997 1998, they changed their name Helios. In 2000 They officially changed as PT Arnots Indonesia.
Pt Arnots Indonesia produces their products : goodtime,tim-tam,nyam-nyam,shapes,vita weat,pirouette, Royal Dansk. Arnots products is not only for domestic market, but also for eksport markets. goodtime, tim-tam, sticko, nyam-nyam, pirouette, royal dansk, are the eksport markets from Arnot’s Indonesia. As for Example the product from Arnots Indonesia, Royal dansk is being export to 32 countries.
PT Arnots Indonesia has 1200 workers, 500 600 contractual workers.
Chronologies
Tueday, 3rd May 2018 : FPBI PT Arnots Indonesia invited by the PT Arnots Indonesia Management for public discussion at Friday , 4th May 2018 in Fave Hotel Kemang.
Friday, 4th May 2018 : We arrived there but we couldnt attend that meeting. We made confirmation to Mr Bimo (HRIR PT Arnots Indonesia) by wa text. At that moment we came but only two from us attended that event. The management said some of us had broken the regular rules.
The management started from Economic situation, especially selling progress. It had been decreasing since 2014. They asked to workers taking a long term Ramadhan holiday. Starting from 11st May due to 28th May 2018. Those data would be charge in 2019.
The management also invited us to attend a metting at Monday, 7th May 2018. They said they increased for the quota. So it would be 4 members from FPBI PT Arnots Indonesia.
Moday, 7th May 2018 : The management explained about internal condition, especially selling department. They also told about production department. Acording to them We must increased employe in production department, because in the department production was over limit for workers capacity. But , we as a union workers against that position. On the other hand the management still on their position.
Acording to them , they would gave 2pmtk + 1 month separation payment. But SPSI asked to increased the number of separation payment. Then , the management Agreed to increased it. So, They offered 2 pmtk + 2 months separation payment. We as FPBI disagree about that. We also didnt want to sign biparty agreement.
Tuesday, 8th May 2018 : The management gave a latter for Dismisal. They gave first period strated form 8th May 15th May 2018. If it still not complet , so they will open for Second period of PDS (Penguduran Diri Sukarela) starts form 16nd May 2018 22nd May 2018. The point is if the quota still not complete the management would recall the worker to fullfil that quota. It is public dismissal.
FPBI Political Decision : Public Dismisal Is a Crime of Humanity
There are currently millions of people in the labor force looking for jobs in very narrow job opportunities or lack of available jobs. Of course the work in want is a decent work to ensure the sustainability of life for himself and his family. Then the regulation governing the employment sector if we analyze as a whole there is a substance that the employment sector flexible design alias made flexible with the aim of able to meet the supply needs of each industry for continuous sustainability of capital accumulation, it is often referred to as Labor Market Flexibility (Labor Market the Flexible).
In this highly capitalistic economic system, every industrial relations problem such as employment is returned to the market mechanism of bargaining between the lord of capital and the worker, so that the State in this case the government is only the legislator while the wrong and the truth will be determined subsequently by the court. This means that such a State has no power to crack down on any violation of labor normative rights, and the courts will depend on the subjective judicial views and decisions.
The position and attitude of the State which submits the industrial mechanism to the market mechanism in the process of law enforcement and the settlement of industrial relations disputes is the cause of continuous violation of the normative rights, and again the workers become victims of any such disputes. The presence of the State as a society’s servant should be the key to secure work and life for the workers in particular and society in general, but when the State is absent the objective situation develops where labor is abundant, the competition between labor, laborers and so forth will always be a golden opportunity for any company to play with the rights of its workers.
The impact of flexible employment sector plus minus the presence of the State ultimately layoffs is very easy to do, the employment agreement in accordance with the wishes of the owner of the owner of the company, company regulations in accordance with the will of the master company. In short the presence of a flexible labor market, a law that does not regulate and impose strict sanctions, a State which does not take firm action, a State which does not guarantee the protection of its country’s color rights will ultimately always have an adverse effect on every working citizen, or we can mean that laborers will forever be victims.
In Bekasi precisely in the company PT Arnott s Indonesia there has been action Termination of Employment through the mechanism of PDS (Early Retirement Pension). But the term voluntary as if only a cover for the company in doing this layoff action because there are indications of coercion conducted by the company, it should be voluntary is not forced. The company argues for a decline in production which then becomes the reason for management to pass employee reductions. A total of 300 employees were forced to resign with an offer of severance pay. The fruit of the hard work of laborers of PT Arnott s Indonesia in providing benefits to the company during this precisely in the bitter gifts by companies with layoffs in the workers are also being welcomed the Muslim holiday. Workers do years of work but are unappreciated, discharged sweet disposable, the company’s abundant profits over the years are not perceived by its workers.
As for some provisions in the PDS related laws :
1. Law no. 13 of 2003 on Employment that a company or entrepreneur may terminate the employment of workers or workers due to entering retirement age (article 167 paragraph 1 of Law 13/2003).
2. Law no. 13 Year 2003 About Manpower does not regulate the retirement age limit, however it is then answered in government regulation no. 45 of 2015 regarding pension program. According to the government regulation no 45 of 2015 article 15;
– paragraph (1) states that for the first time the retirement age is stipulated 56 (fifty six) years.
– paragraph (2) from 1 January 2019 the retirement age as referred to in paragraph (1) shall be 57 (fifty seven) years.
It can be concluded that the worker is entitled to get a pension and the employer is obligated to give when it is in retirement. Under the employment law and government regulations on the pension program does not recognize the Early Pension terms at the request of the employer / company (not the right of the company) except at the request of the worker himself (labor rights). This means that the pension before entering the age of retirement early retirement on the will imposed by the company and the workers / workers concerned refused to refer to the rule of law then the early retirement is intended to be concluded null and void, in other words Early Retirement Pension will be the category of unilateral action dismissal.
Early retirement which is nothing but public dismisall will bring PT Arnott’s worker Indonesia into the abyss of suffering for himself and for his family. The resulting economic impacts ultimately become a social burden for workers to socialize in the midst of society, because it will certainly different social situations between those who still work with those who are laid off or not working. The consequences will continue as long as the State does not participate in defending and protecting workers’ rights. And it should also be our joint record that unilateral dismissal is not a mediocre event that we must continually be wise to let alone justify.
So we hereby the Indonesian Labor Struggle Federation (FPBI) Branch of Bekasi stated that it refused to dismiss the unilateral layoffs by PT Arnott’s Indonesia management and demanded the management to re-employ the workers according to their original position, because the dismissal was illegal and legally defective because the company is in good shape, and that action is just a pretext for eradicating and suppressing Trade Unions. We also ask for full support to the entire family of the Indonesian Labor Struggle Federation wherever located and to the entire movement of the people that the act of dismissal is a Humanity Crime that must be countered by the entire labor movement as well as the popular movement.
Long Live Union Worker!
Long Live People!
Bekasi City, 23rd May 2018
FPBI Leader
Agus Sriyanto
Ketua Cabang FPBI Kota Bekasi