International Solidarity With Workers in PT. Micro Garment, Bandung – Indonesia

1. That the Company since its establishment in 2004 until July 2010 (nearly 6 years respectively), always pay the wages to all workers in PT. MICRO GARMENT under the terms of the minimum wage, only since August 2010, the employers are willing to pay wages in accordance with the Minimum Wage. It was happen when the workers who joined in PB GSPB put many pressure to the employers. But later we found that in the fulfilment of minimum wages is still not all workers are paid according to the Minimum Wage, still many workers who earn wages below the minimum wage

2. That overtime work are not paid according to the hours. Overtime work is not accordance to the Employment regulation, because:
   1. Application of the target system that has no obvious reason, just an excuse of employers for not paying overtime wages when hiring workers beyond normal working hours with the justification that workers do not achieve the production target in normal working hours,
   2. The existence of the system “overtime plus” (overtime pay under the terms of payment Labor regulations), particularly for workers in certain positions (Head Team and Staff)

3. That wages in the rest time when there is no production activity because of no order (be rested because of the willingness of the Company), which also applied to permanent workers. To the contract workers even this is breach of contract primarily to the contract workers who work based on the period of time, when be rested prior to the expiration of the contract maturity date, then wage should remain paid in full, but in making work agreement with a contract workers, the entrepreneur of PT. MICRO GARMENT not ever to clarify the basis of making it.

4. The implementation of wage system based on units of goods (piece rate) which also imposed for permanent workers, where there is no clarity about the value of wages over units of goods, it is depend to the will of the entrepreneur, so that resulted workers received wages below the value of minimum wage.

5. Wage is not being paid when the workers should enjoy the formal leave, namely:

1. Pregnancy and childbirth leave for female workers.
2. Death leave.
3. Marriage leave
4. Circumcision biological for child - leave.

6. That the unpaid wages of workers when workers on leave or time off, or when the worker is absent, as described in point above means the employers also have violated the rights of leave or the right to rest, so that the entrepreneur has violated Article 79 paragraph (1) of Act Number 13 of 2003 stated that the employers are obliged to give time to rest and leave for the workers. That the contents of working agreement is in contrary to the Act and Employment Regulations and very burdensome to the workers, include:
   1. Employers may conduct lay-offs at any time unilaterally to all contract workers, while the in the working agreement is not clear the basis of making contract agreement (based on maturity, once work is completed, seasonal, or new product).
   2. There is no clarity about the term expiration of the employment agreement.
   3. In the Employment Agreement is not clear for the realisation of the rights guaranteed such the fulfilment of wage which appropriate with Labor Law.

7. That work where contract workers are employed is the core work and continuous process that should be set as permanent workers.

8. That the extension and the renewal of contract agreement is always against the provisions of the Labor Law.

9. That contract workers are not given the original manuscript Employment Agreement, partial large only given a copy, and even many contracts workers are not made a written employment agreement. The company has violated provisions labour regulations Act no. 13 Years 2003 Article 54 paragraph (1) letter (e, f and g), paragraph (2) and (3), Article 57 paragraph (1), and Article 59 points 1 to 7.

10. That all workers are not included in the Health Care Program (JPK), thus clearly violating Employers Act No. 03 of 1992 on Social Security.

11. That for all contract workers, although it has been working in the company continued to continuously for 1 (one) years and over, but the the amount of Annual Holiday Allowance (THR) is under the Minimum Wage, clearly the company has violated minister decree Number: 04 of 1994 on Annual (Religious) Holiday Allowance.

12. That the lay-off issue, especially against contracts workers, due to irregularities the implementation of contract agreement, there are many workers who should become permanent workers and have the right to obtain compensation and award payment when were laid off, but did not get its due. In addition, in respect of lay-off, the entrepreneur never deliberate with in advance to the workers/trade union even if workers are members of the trade union. Meaning that the entrepreneur has violated provisions Act No. 13 of 2003 concerning Employment, Article 151 paragraph (2) and Article 156 paragraph (1,2,3 and 4).

13. That the Employers are also not fully comply with labour rights in running the Trade Unions activities and to become a member of Trade Unions:
    1. Management and Trade Union members who perform the activities of Trade Unions outside the company during the working day, although it has the procedures, wages are not paid.
    2. Up to now, the entrepreneurs has not given facility to the trade union, such as the office of within the company and its equipment.
    3. Still there are intimidations of workers who are members of Trade Unions such as decrease in Position (demotion), the Company has violated the provisions of Act Number 13 of 2003 Article 93, paragraph (3) letter (h) and Act No. 21 of 2001 on Trade Unions section 28, Article 29 paragraph (1).

14. That based on the description of the problem and the facts above, it is hereby submit claims for the entrepreneurs of PT. MICRO GARMENT to fulfil workers rights and to execute the provisions of the Labor Law as follows:

1. Pay to the workers a minimum wage in accordance with the provision of Minimum Wage District of Bandung both for 2010 and subsequent years and to pay all the shortcomings of previous workers' wage payments.
2. Pay overtime wages in accordance with the labour law which apply and pay all overtime wages labour shortage in the past.
3. Removing the target system work, because it has no clear legal basis, that it resulted in a violation of the provisions of the working time and overtime wages.
4. Keep paying labour wage in full when the workers are rested due there are no orders.
5. End wage system which based on unit of goods (wages volume system), because it cause a violation of Labor Regulations and harm workers' rights.
6. Removing system “overtime plus” for workers in the office of the Head of Team and Staff, which also resulted in violations of the overtime provisions.
7. Keep paying a basic wage to the workers in full when workers on leave and time off, at the time:
   1. Workers have been sick and unable to do the job.
   2. Women workers who get sick on the first and second day of menstrual period.
   3. Workers do not come to work because of married, circumcision, baptise his son, wife giving birth or miscarriage content, husband or wife or son or daughter or parent or family died.
   4. Workers can not do the job as running obligations towards the state.
   5. Workers can not perform their job due to run ordered his religious worship.
   6. Workers are willing to do the work that has been agreed but employers do not hire them, either because of unforced errors as well as obstacles that should be avoided by the entrepreneurs.
   7. Workers to have a leave and rest time.
   8. Workers carry out educational tasks of the company.

1. Right to rest for women workers who can not perform his job due to illness in the first and second day of her menstrual period.
2. Rest for women workers who conceive and give birth and during breast-feeding her child, at least 1.5 (one half) months prior to birth and 1.5 (one half) months after delivery.
3. Rest for women workers who experience miscarriage, at least 1.5 (one half) months.
4. Right to rest when workers get sick and to recover and be able to back to work.
5. Right to rest when the workers get married, for at least 3 (three) days.
6. Right to rest when workers marry off their children, at least for 2 (two) days.
7. Right to rest when the workers circumcise their children, at least for 2 (Two) days.
8. Right to rest when the workers baptise their children, at least for 2 (Two) days.
9. Right to rest when the wife of workers on childbirth or miscarriage, for at least 2 (two) days.
10. Right to rest when a husband or wife, parent or parent in-law, or son or daughter dies, for at least 2 (two) days.
11. Right to rest when family members died in, for at least 2 (two) days.

1. Appoint and establish contracts workers into permanent workers, for workers contracts are proven in the making and implementation of contract Agreement against the labour law.
2. Fulfilling the rights of contract workers in accordance with the provisions of labour law, in the case of basic wage, overtime pay and social security.
3. Clarifying the basis of making contract working agreement under the labour law and its Implementation.

1. Include all of workers into the Health Care Program (JPK), qualitatively at least in accordance with the provisions of Law no. 3 of 1992.
2. Pay all costs incurred by workers who had sick and seek treatment at their own expense as long as workers have not been included in health care program (JPK).

1. Pay THR to the workers as low according to the Minimum Wage.
2. Pay the deficiency of THR for the workers who previously have received THR under the provisions of labour laws.

1. Always conduct negotiations with the Trade Unions in Bipartite when there is a lay-off plans.
2. Rehire laid off contract workers, or if the entrepreneur is not willing to hire them back, the contract workers that proved in creation and implementation of the working contract agreement deviate of labour law and he /she should have gone into permanent workers, The employers should pay severance payment for 2 (twice) of Act No, 3 of 2003 article 156 (2) and 1 (one) time of the provisions of Article 156 paragraph (3 and 4).

1. Give permission for the board and members of trade union who run Trade Union duties on weekdays to get their full wages, at least 1 (one) time for 10 (ten) persons.
2. Not intimidated in any form and does not do mutation work without clear basis to the board and member of trade union who perform union activities both within and outside company as well as to the workers who are members of trade unions.
3. Providing facilities for trade unions:
   1. Office within the Company.
   2. Secretariat equipment for trade unions:
      1. Tables and chairs
      2. White board
      3. Stationery and paper.
      4. Lighting facility.

1. Objection and reject the existence GSPB trade union with all its activities in the region of Solokan Jeruk.
2. Called for disband of GSPB trade union which is affiliated to the IYCW. 
3. If the appeal is being ignored, it will be dealing directly with the Muslim community and surrounding Solokan Jeruk and the authorities. Similarly, a warning letter is made with real for immediate attention and implemented as appropriate. If you do not follow the above statement, then we are not in responsible when things happen that are not desired by all parties. The latter is date on  4 February 2011 sign in Solokan Jeruk

1. MUI Chairman Kec. Solokan Jeruk KH. Asep Romli
2. MUI Chairman of the Village.Bojong gold
3. MUI Chairman of the Village Ranch Kasumba
4. MUI Chairman of the Village Solokanjeruk
5. MUI Chairman of the Village Langensari
6. MUI Chairman of the Village Cibodas
7. MUI Chairman of the Village Padamukti
8. MUI Chairman of the Village Panyadap

1. Sub-district leader of Solokanjeruk,
2. Police chief of Solokanjeruk,
3. Army chief of Majalaya,
4. Religious office affair of Solokanjeruk

• http://gresnews.com/ch/Regional/cl/PT-Micro-Garment
• http://www.antarajawabarat.com/lihat/berita/29274/ratusan-buruh-pt-micro-garment-tuntut-hak
• http://www.pikiran-rakyat.com/node/129924
• http://www.onlineberita.com/berita-1114-tuntut-naik-gaji-ratusan-buruh-pt-micro-garment-demo.html
• http://bataviase.co.id/node/498544
• http://infoindo.com/index.php?option=com_content&view=article&id=1520:ratusan-buruh-geruduk-pemkab-bandung&catid=103:jawa

1. Chief of Army - Majalaya
2. Sub-distric head – Solokan Jeruk
3. Chief of sub-MUI Solokan Jeruk
4. Sub Religious Office Affair – Solokan Jeruk
5. Head of sub-village Solokan Jeruk.
6. Director of PT. Micro Garment.
7. Chariman of GSPB Trade Union (Nanang Ibrahim)
8. Mr. H. Atjip S. as public figure of Solokan Jeruk.

This post was written by: Franklin Manuel

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