Mass worker
demonstration on Wednesday (10/3/2012) leaves controversy. Workers’ demand for
removal of outsourcing system has stimulated a lengthy debate. Outsourcing
system van cause suffering to workers, yet it can become a support to the
company. The business community considers that workers have had a
misinterpretation of the outsourcing system. Outsourcing is a subcontracting
system where the company assigns work to another company.
General Chairman of
Indonesian Entrepreneurs Association (Apindo), Sofjan
Wanandi,
in Jakarta on Friday (10/5/2012), explained that the government needs not
review the outsourcing system, especially regulation on companies that provide
outsourced workers. Every time there is worker demonstration or strike, the
company is always the one to be fact, companies treat outsourced workers and
their permanent equally, in terms of regional minimum wage (UMR) payment and
workers’ welfare.
But, Sofjan
admitted that he did not know if, in practice, the outsourcing system is
implemented in violation with the law. Violation occurs when salary is ability
of allowance, unavailability of workers insurance, and non-fulfillment of basic
right such as social security. Yet, however, he did not blame anyone for this,
and he suggested that there should be a tripartite meeting between government,
entrepreneur, and workers in finding a solution to workers’ demand which
frequently ends in demonstration and mass strike.
As a result of
frequent worker demonstration, foreign companies are unwilling to invest in
Indonesia, or they might leave this country. And, companies will choose to use
machines rather than humans, which will cause un employment. “If this condition
is left like this, losses will be experienced by all parties involved” he said
On the other hand,
it is impossible for the government to remove the outsourcing system as this
system is legal and is allowed by the law. Yet, the government will not tolerate
outsourcing companies who make workers to suffer more and become poorer.
Spokesperson of the Ministry of Labor and Transmigration, Dita
Indah Sari, explained that outsourcing is a recruitment system which is allowed
by Law No. 13/2003 on Manpower. “It is impossible for us to remove something
which are in violation with the law”, Dita said.
She explained that
her party has asked regional heads to discipline outsourcing system for core
job types or which are not in accordance with Manpower Law. According to her,
removal of outsourcing system for core jobs shall be done gradually until
finally outsourcing system will only be allowed for additional jobs. She added
that outsourcing shall only be allowed for five types of jobs, among other
things, security officers, mining workers, cleaning service of officers,
catering and transportation service officers. For these types of jobs, direct
work relationship between employer and worker shall be applied.
Dita considers that regulation improvement becomes a crucial matter because the government is in line with workers. The government never tolerates outsourcing implementation which causes suffering to workers. The government never
tolerates outsourcing implementation which makes workers to become poorer and
to suffer more. Such an outsourcing company is not allowed to operate.
According to her, it should be done by tightening of the institutional aspect
and administration of operational license of the outsourcing company concerned,
and types of jobs allowed to be outsourced, “So far, one of the sources of
problem is whether the job types are supportive or unsupportive”. She said
Business News - October 10, 2012
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