1. Carrefour v. SPCI

2. Issues 1. Carrefour made a renew contract system for their worker, affected to the lost of job security. Violation of Law No.13/2003 concerning manpower, job agreement for contract system just only implemented in two years and con be renewed for once time. 2. Carrefour didn’t make a job agreement with their labor. Violation article 54(3) law No.13/2003. the labor did not know their period of work when it was started and when will be finished. 3. Contract system in Carrefour By law they could not use a contract labor for their retail activity as their main business. 4. Union Busting behind the fired of 2 SPCI activists

3. Facts 1. PT. CARREFOUR INDONESIA is a MNC retail business for food, drinks clothes etc in the mall. They recognized and registered under the decision of General Director of Industrial Relationship and Social Insurance in Ministry of Manpower No. Kep. 606/PHIJSK-PKKAD/IX/2008 on 16 August 2008 concerning of recognizing and legitimizing of the company regulation of PT. CARREFOUR INDONESIA 2008-2010; 2. PT. CARREFOUR INDONESIA is retail company which have 60 stores spreading in Jakarta, Bandung, Surabaya, Denpasar, Yogyakarta, Semarang, Medan, Palembang and Makassar. They have at least 11,000 labors(data in website of Carrefour Indonesia). Today Carrefour is the second biggest retail company in the world; 3. Based on their report in Indonesia labor court, labor contract in Carrefour around 20% (2600 peoples) and 40% (NGOs version), formal labor 80% or around 7000 peoples. Total labor around 9600 peoples.

4. cases 1. In the case of Abul Latif and Ferdiansyah, Jakarta manpower department launched their opinion Nomor: 03/ANJ/D/VI/2009 that recognized a contract system in Carrefour changed become a permanent labor by law. ”that based on and considering the 5, 6, dan 7 above the position of labor as Grocery staff division (Abdul Latif) and as Fresh staff division (Sdr. Ferdiyansyah) as a job with permanent character of job, continued and never stopped, that contract status for them changed become a permanent status by law (article 59(7) Law No. 13/2003)” 2. Abdul Latif and Ferdiansyah fired from their job with the unlawful reason from the company and in the trial the company failed to fulfill the secure evidence. 3. The decision No. 183/PHI.G/2009/PN.JKT.PST, Jakarta labor court. Partly granted for Carrefour as plaintiff Contract become a permanent Latif and Ferdiansyah lost of job with compensation … 4. Judge lack to consider a ministry decision 233/MEN/2003 concerning kind/genre and nature of job that implemented without time limit As a core of this case.

5. Sustainable advocacy 1. Bipartite between SPCI and Carrefour to negotiate a contract system 2. Appeal into supreme court for the decision of Jakarta labor court 3. Is it Possible for OECD complaint mechanism? Considering a parallel mechanism