Apindo: Workers Who Participate In The National Work Strike, Threatened With Sanctions

JAKARTA - The Indonesian Employers' Association (Apindo) issued an appeal regarding a national strike plan which was rumored to be carried out by workers or laborers ahead of the ratification of the labor cluster in the Work Creation Bill.

"Apindo calls on member companies to be able to provide education to workers or laborers regarding the provisions on labor strikes, including sanctions that can be imposed if the strike does not comply with the provisions, especially in Law 13 of 2003 concerning Manpower," said General Chairman of Apindo Hariyadi B. Sukamdani as quoted from Between, Us October 1st.

The provisions on labor strike are regulated in Article 137 of Law 13 of 2003 concerning Manpower. It is noted that strikes are a basic right for workers who are carried out legally, orderly, and peacefully as a result of failed negotiations.

Provisions regarding the labor strike are further discussed in Kepmenakertrans No. 23/2003 Article 3 states that if a strike is carried out not as a result of failed negotiations, then the strike can be called illegal.

Article 4 The Kepmenakertrans also notes that what is meant by failed negotiations is the failure to reach an agreement to settle industrial relations disputes because the entrepreneur does not want to negotiate.

"Apart from this, it can be said that the strike carried out is illegal and has legal consequences and sanctions," said Hariyadi.

Apindo also quoted the DKI Governor Regulation No. 88/2020 article 14 paragraph (1) concerning efforts to contain and handle the COVID-19 pandemic. In this article, it is written that for the sake of common health, the general public or employees are not allowed to gather or gather in a place.

"Violation of these provisions also has sanctions in accordance with the applicable regulations regarding COVID-19," he said.

In addition, Apindo also appealed to all employees in companies that are members of Apindo to comply with the provisions of the prevailing laws and regulations.

"This is particularly related to legal strikes or not, and the provisions on overcoming COVID-19 which we are currently facing together," said Hariyadi.