19 June, 2011Lina, a contract worker from PT Cussons in Tangerang, Indonesia Sasmita, Chairperson of SP FARKES R PT PZCI, the union representing both permanent and contract workers at PT Cussons
How long have you been working at PT Cussons?
Lina: I’ve worked at the factory two times. The first was from 2000 until 2002. I was working for an agency on six-month contracts. Then I stopped working at the factory. I started working again in 2008. I have worked directly for the factory from 2008 until now on fixed-term contracts of one-year each. From 2000–2002, I worked in the production department, and now I work in the filling department. I do the same job as the permanent workers in the department.
How many contract, agency, and permanent workers are there in the factory?
Sasmita: There are 212 fixed term contact workers, 100 agency workers and all are employed by the same agency. And there are 850 permanent workers.
Lina: The permanent workers have a grey uniform, contract workers have a blue uniform, and agency workers wear a black and white uniform.
Sasmita: Permanent workers get 1.5 million rupiah per month, contract workers get the minimum wage (1.3m rupiah per month). Permanent and contract workers’ overtime is calculated using the same formula, in accordance with the law.
What are the employment conditions that differ between permanent and contract workers?
Lina: Permanent workers get soap and milk from the company. Contract workers only get soap, no milk. Permanent workers get a health allowance for their whole family; contract workers only get the allowance for themselves.
Sasmita: Permanent workers get only very limited training. In a maintenance department with 30 workers, only ten might have the opportunity for training. Contract workers do not receive training; they have to learn by themselves. They have no opportunities.
Sasmita
For health and safety, permanent and contract workers both have masks and gloves. Contract workers are not given safety shoes. The company is very good on occupational health and safety training, but only for permanent workers. Contract workers have to learn from the permanent workers.
Contract workers have to pay between one million and 3 million rupiah to get a job at Cussons, but there is no evidence who receives this money. Contract workers are under pressure from the company. They cannot take sick leave; they worry their contracts will be stopped.
Lina: It’s difficult if we take menstrual leave. We’re afraid of having a problem with the company.
In the contract worker job agreement, Article 8 says during your contract you cannot be married or become pregnant. If you do, you must resign. Under Indonesian law, to resign means you receive no severance pay.
In 2010, there were five women who became pregnant and suddenly the company told them to resign. They asked a labour lawyer to help them and they were reinstated. Their contracts continued but they only took 13 days maternity leave because they were afraid of being dismissed. The company didn’t say it but the workers were afraid of making trouble.
One person did get married and the company did not renew the contract.
One of my friends is trying to take maternity leave but she doesn’t know what will happen next, whether she will have a job after the leave. Another of my friends went to the human resource department to ask to go on maternity leave because she was almost ready to give birth. On the spot the company stopped her contract. She started in September 2008, but in 2009 she was dismissed.
When did SP FARKES start to organise contract workers?
Sasmita: We started to organise contract workers in January 2011 because they didn’t receive the same benefits and allowances as permanent staff. They always work under the pressure of management.
How did you go about organising the workers?
Sasmita: First we organised a seminar outside the factories to talk about rights. It was on a Sunday, and ran from morning until evening. We invited 214 contract workers and 176 attended. During the seminar, we gave the workers union membership application forms and they all signed the forms to become members.
The union dues are the same for contract workers. According to our constitution union dues are 1% of members’ salaries.
How did management react when the contract workers joined the union?
Sasmita: The company didn’t recognise that the contract workers had joined the union. They refused to include them in the check-off system. The union collects contract workers’ dues manually.
Management knows that the union also represents contract workers but at the top level they won’t recognise us as a representative of the contract workers.
There is a collective agreement but it only covers permanent workers. This year, the agreement will end – we will be negotiating again. We hope that we can include an article on converting contract workers to permanent workers.
Now there is a rumour that the company will not renew all the contracts. Some workers are afraid and asked to meet with me. I will meet them and explain to them that it is better if we fight, if we fight we can win.
Were your members happy that the union organised the contract workers?
Sasmita: The permanent workers were happy – they think someday we all could be CAL workers. One agenda of the union is trying to make the contract workers into permanent workers. The union is giving them information on the rights of contract workers. We are constantly meeting with them and we are trying to make a network between contract and permanent staff. Each department has two union reps: one for permanent workers and one for contract workers.
Why did you go to the union seminar?
Lina: I wanted to know more information about my conditions. If I worked for three years maybe I should become permanent. I also wanted to know about Indonesian labour law.
Why did you decide to join the union?
Lina: Firstly, because if there is a problem I can go to someone for help. Secondly, because the union wants to abolish Article 8 of our contracts, which says that contract workers cannot get married or become pregnant.
Were you afraid of how management might react when you joined the union?
Lina: At first of course I was afraid. But I am a single parent with three children, someday my contract will end. It will end in October this year. Anyway, I have to try to be brave.
When do you know if your contract will be renewed?
Lina: There is a break between contracts. My first break was only two weeks, now the break is one-and-a-half months with no pay. The worst thing about being a contract worker is the time in between contracts, you are afraid of it not being renewed. You wait for a phone call or to see a publication in the bulletin. There is normally one week’s notice before you start work.
Is there anything else you want to share about being a contract worker?
Being a contract worker I have to be ready for everything or anything the company wants. I move from department to department on a needs basis and do anything the company asks. I think I already give the best to management but they can stop my contract. It’s not fair for me. I am afraid of being dismissed so I never take sick leave – I took one day in the last year. The workload and the pressure are higher for contract workers. On one production line there is only one permanent worker, two fixed-term workers, and six outsourced workers.
This month there are 50 workers waiting for a decision on whether their contracts are renewed.