By: Ahmad Pahlevi )*
The community rejected the planned labor demonstrations to be held on January 20, 2020 in various cities related to their rejection of the Omnibus Law. In addition to potentially disrupting community activities, labor demonstrations are also vulnerable to being infiltrated by foreign interests which can trigger disruption of Kamtibmas.
The application of the Omnibus Law Scheme still received resistance from a handful of labor groups. The reason is a number of reports said there would be labor demonstration activities that will be carried out simultaneously throughout Indonesia as of January 20, 2020. In fact, the maturation of the Omnibus Law related to labor is still not final. Then what is being protested?
Previously, the Confederation of Indonesian Trade Unions (KSPI) was rumored to be holding a demonstration or demonstration against the Omnibus Law on Employment Copyright and an increase in BPJS Health fees. He said the action would be centered at the DPR building, to coincide with the opening of the DPR RI plenary session at the beginning of this year. For other provinces, the demonstration will be centered at the respective provincial DPRD or Governor’s Office.
In this demonstration, Chairperson of KSPI Said Iqbal hoped that the DPR RI could listen to the aspirations of the workers to reject the Omnibus Law discussion. Because, according to KSPI’s study, in substance, Omnibus Law is considered to be detrimental to the workers. He said the Omnibus Law would not increase investment. However, it will reduce the level of welfare of the workers, so they will fall into poverty.
He added the Omnibus Law would only eliminate minimum wages, eliminate severance pay, outsourcing and also free work contracts (labor market flexibility), including the entry of unskilled foreign workers. Add to this the problem of the loss of social security, and the elimination of criminal sanctions for employers who do not provide labor rights.
Meanwhile, Minister of Manpower Ida Fauziyah said that the Draft Omnibus Law for Employment Copyright was comprehensively discussed with due regard to the interests of all parties. Although the purpose of this bill is to create jobs through development in the investment sector, protection for workers or laborers remains strengthened and prioritized. Ida said that the focus was on job creation and increasing protection and welfare of workers in the omnibus law.
Ida also mentioned that he was opening a dialogue room through discussions with trade union representatives regarding the Omnibus Law on Employment Copyright. On this occasion the union presidium (SP / SB) was alleged to consist of representatives of several SP and SB confederations.
He explained that one of the contents of the omnibus law discussion was workers with employment relationships based on the Specific Time Work Agreement (PKWT) or the so-called contract workers. PKWT is ensured to get the same rights and protections as workers with permanent status or Indefinite Time Work Agreements (PKWTT).
These rights include, among others, the right to wages, regarding social security, protection of occupational safety and health, and include the right to termination or termination of employment. So it’s not true, after the contract is finished there is no compensation for workers, Ida added.
Ida even ensured that workers affected by Termination of Employment (PHK) would still receive compensation for layoffs in accordance with applicable regulations. Regarding the Minimum Wage (UM) system, he believes that it will remain in the omnibus law scheme. Where MW will only apply to workers with tenure less than one year.
The company is also required to apply the Wage Structure and Scale for workers with a work period of more than 1 year. Meanwhile, the amount of wages above the MW must of course be agreed between the worker and the employer. He stated that MW remained as a safety net and could not be suspended.
Furthermore, the Omnibus Law is considered to make working time more flexible, where workers and employers will be given flexibility in terms of the agreed time or duration of work. This is suspected to facilitate certain types of work where the working time system is under 8 hours per day or 40 hours per week.
Regarding the use of Foreign Workers (TKA) aims to meet the needs of skilled and professional workers in a particular field which can not be filled by Indonesian Workers (TKI) themselves. Or rather accelerate the national development process by transferring technology and expertise from TKA to TKI, and expanding employment opportunities for TKI.
The government guarantees that it will also control the use of foreign workers by taking into account the type of work, position, and occupational competency requirements in the work relationship along with a certain time while taking into account domestic labor market conditions.
Regarding issues that were spread about SP and SB that were not involved in the dialogue on the formulation of this omnibus law and only from employers who were involved, Ida stressed that this was absolutely not true. He claimed of course he would listen to input from elements of the National Tripartite consisting of workers, employers and also the government.
Ida stressed the matter of strengthening social protection, later in this omnibus law it will overhaul the National Social Security System (SJSN) and the BPJS Law, which in the future will be renewed to strengthen social protection for workers.
Well, it is clear that Minister Ida Fauziyah’s information is related to this Omnibus law. So that the demonstration efforts should not be done. In addition to raising a number of issues that are not yet true, they will only trigger public uproar due to incorrect assumptions.
)* The author is a social political observer