Settlement
reached in PT Sarasa case
Nov 2nd 2004, In February 2004 the PT Sarasa
factory in Indonesia that produces for Polo
Ralph Lauren, announced that it was closing
down after workers demanded the annual wage
increase provided for in their collective
bargaining agreement.
More background
info on this appeal >>
The last month of pressure on buyers and
management to settle the PT Sarasa resulted
in an agreement on October 11. The agreement
included the promise to re-open the factory,
under new investment, and reinstate 800
workers. This is good news, however the
terms of the agreement are not in keeping
with Indonesian legal standards, and are
not up to the standards of the verdict reached
in this case by the Central Labor Court
(the P4P court).
Read the Sarasa
agreement >>
Several PT Sarasa clients, including Polo
Ralph Lauren, The Limited, and Jones New
York, contacted management to push them
to settle this dispute. These interventions
were likely an important factor in persuading
Sarasa management to return to the negotiating
table. Continued pressure from these brands
could result in a settlement that meets
domestic legal standards.
December 2004 update!:
PT Sarasa Nugraha
is expected to reopen in January 2005;
management has promised to reinstate
800 workers. At this point in time, the
campaign to pressure management to improve
upon the agreement that was reached with
workers in October has been suspended. However,
the CCC will continue to monitor the situation
at PT Sarasa and should continued efforts
be needed to see that management lives up
to the promises already made, requests for
action will be posted to the website. The
CCC thanks everyone who has helped to push
for justice for the workers at PT Sarasa
Nubraha!
The main points that need to be changed
in the current agreement if legal compliance
is to be achieved are: reinstatement of
the 800 people with their previous seniority
levels and without a three-month trial period,
payment of a severance package consistent
with the P4P's verdict to the 200 employees
accepting termination, and full payment
of five months back wages to all employees.
Both management and employee representatives
agreed that employees can choose among themselves
which 800 of the employees will return to
work in the reopened facility.
The employees' bargaining committee decided
not try to press further for the rights
of employees that have already accepted
the 25% x PMTK severance package over the
past several months (thus, the total number
of employees bargaining for a solution at
this point is 1000).
One last issue not addressed in the agreement,
but which the returning employees have expressed
great concern for, is that of daily transportation
to and from the factory. PT Sarasa used
to provide daily transportation through
contract with a local bus company. It has
not yet been agreed that the new investors
will also provide this transportation. Many
of the employees live far from the Balaraja
plant and would have to pay up to Rp 11,000
(approx. 50% of their daily salary) if this
transportation is not provided.
The CCC is pleased that complete closure
of the Balaraja Unit has been avoided and
that 800 workers have been promised reinstatement.
Continued monitoring of the situation will
be needed to ensure that management lives
up to these promises, and that in the future
union rights will be respected at PT Sarasa
factories.
At this time the CCC, the Campaign for
Labor Rights in the United States, and other
labor rights advocates working on this case
continue to encourage the companies that
produced their goods at PT Sarasa to push
PT Sarasa management to bring the settlement
up to legal standards. Please send a message
to the brands thanking them for the action
they have taken to push for respect for
workers' rights at PT Sarasa and request
that they contact management again to bring
the October 11th settlement up to Indonesian
legal standards.
The Main Differences
between the Severance Packages of the Central
Labor Court's Verdict & PT Sarasa Owners
|
P4P Verdict |
PT Sarasa's Owners Offer |
5 months back wages:
Calculated at the wage rate workers
had at the time of their termination.
The average wage of employees was =
Rp 675,000/ month.
TOTAL = Rp. 3,375,000
($397 USD).
Paid to all employees.
|
2 months back wages:
Calculated at the regional minimum
wage rate = Rp 660,000/ month.
TOTAL = Rp 1,320,000
($155 USD).
Paid to the 200 employees not
continuing on, and those who do not
pass the 3-month trial period.
|
Severance of 1 x PMTK:
The average seniority of employees
at PT Sarasa's Balaraja unit is 8 years
of service, thus the average severance
to be paid is = Rp 5,400,000 (aprox.
$635 USD). [With a range of Rp6,075,000
due to the most senior employees, and
Rp 2,650,000 due to the newest employees]
Paid to all employees that are
terminated rather than reinstated
at their previous seniority level
and without a trail period. In this
case that would be 200 employees.
|
50% x PMTK:
The average seniority of employees
at PT Sarasa's Balaraja unit is 8 years
of service, thus the average severance
to be paid is = Rp 2,700,000 (aprox.
$317 USD).
Paid to 1000 employees in total,
this including the 800 that are being
reinstated.
|
| |
Bonus of Rp 250,000
(aprox. $29 USD) to each of
the 800 returning employees. |
|