Jakarta, 24 November 2020
Director of ARORA ENTERPRISES
1879, Kucha Chelan, Khari Baoli, Chandni Chowk,
Delhi – 110006
Re; Complaint on Working Condition in PT. GOROM KENCANA
We are Konfederasi KASBI from Indonesia, a legal and registered national wide trade union in Indonesia, on behalf of our union memberin PT. GOROM KENCANA located at Tanjung Sari Mas No. 1 Surabaya Indonesia would like inform you and file a complaint in relation with the working condition in PT. GOROM KENCANA. Based on our information, PT. GOROM KENCANA has a close relationship withARORA ENTERPRISESas major buyer for it products.
As a well-known company who operated on exporting spices in Indonesia, PT. GOROM KENCANAfor many years violating workers’ normative rights that regulated by Indonesian regulations by conducting contract-based working system and pay the workers below minimum wage.
For information, in Indonesia every company are regulated by Law to provide minimum wages and health insurance and workers’ benefits (BPJS) for workers. But PT. GOROM KENCANA pay the workers below minimum wage for many years. Until today, there are 99 (Ninety nine) workers in PT. GOROM KENCANA have been payed below mimimum wage.
In addition to that, PT. GOROM KENCANA also violated article 59 Law Number 13 Year 2013 Concerning Manpower(UU No. 13 Tahun 2013 tentang Ketenagakerjaan) on contract-based working system that regulated very strictly limited for certain work that not include the work in PT. GOROM KENCANA because most of work in PT. GOROM KENCANA are NOT temporary, more than 3 years and NOT a experimental or try-out phase work. The jobs in PT. GOROM KENCANAare permanent by nature.
- A work agreement for a specified time can only be made for a certain job, which, because of the type and nature of the job, will finish in a specified time, that is:
- Work to be performed and completed at once or work which is temporary by nature;
- Work whose completion is estimated time which is not too long and no longer than 3 (three) years;
- Seasonal work; or
- Work that is related to a new product, a new activity or an additional product that is still in the experimental stage or try-out phase.
- A work agreement for a specified time cannot be made for jobs that are permanent by nature.
- A work agreement for a specified time can be extended or renewed.
- A work agreement for a specified time may be made for a period of no longer than 2 (two) years and can only be extended one time that is not longer than 1 (one) year.
- Entrepreneurs who intend to extend work agreement for a specified time shall notify the said workers/ laborers of the intention in writing within a period of no later than 7 (seven) days prior to the expiration of the work agreements.
- The renewal of a work agreement for a specified time can only be made after a grace period of 30 (thirty) days is over since the work agreement for a specified period comes to an end; the renewal of a work agreement for a specified time can only be made once that is no longer than 2 (two) years.
- Any work agreement for a specified time that does not fulfill the requirements mentioned under subsection (1), subsection (2), subsection (4), subsection (5) and subsection (6) shall, by law, become a work agreement for an unspecified time.
- Other matters that have not been regulated under this article shall be further regulated with a Ministerial Decision.
As the legal and registered trade union, Trade Union of PT. GOROM KENCANA(SBK- KASBIPT. GOROM KENCANA) – our union member, with good intention had request a bipartite meeting with Management ofPT. GOROM KENCANAfor several timesbut Management refused to meet the union demands which actually regulated by law.
Based on that situation, the union filed the complaints to:
- Municipal Labour Inspection Office of Surabaya (Dinas Tenaga Kerja Kota Surabaya)
- Provincial Labour Inspection Office of East Java (Dinas Tenaga Kerja Provinsi Jawa Timur)
- Provincial House of Representatives of East Java (Dewan Perwakilan Rakyat Jawa Timur)
- National Commision of Human Rights (Komisi Nasional Hak Asasi Manusia)
We believe that ARORA ENTERPRISESasrespectful company the global market is very respecting human rights and worker’ rights especially in your bussiness relationship and supply-chain. Problem in PT. GOROM KENCANAmust be under concerning of ARORA ENTERPRISESas a major buyer of PT. GOROM KENCANA products.
We urgeARORA ENTERPRISESto take any necessary effort to solve the problem in PT. GOROM KENCANAimmediately and to ensure PT. GOROM KENCANA to respect all workers’ rights.
Konfederasi KASBI (Konfederasi Kongres Aliansi Serikat Buruh Indonesia)
Confederation of Congress of Indonesian Unions Alliance
MUDA – BERANI – MILITAN