The management of Mandiri Bank in Timor-Leste had dismissed three Union leaders Bro Joaquim Gonzaga, Brother Helder do Rego Barreto and Brother Leonardo Bele Bau Amaral. The decision of dismissal was made arbitrarily by Mohamad Yani, General Manager of Mandiri Bank on November 30, 2011 and December 12, 2011.
The three dismissed are the top leader of Mandiri Bank Workers Union, who has workers at the bank since 2003. During work at the bank, these three employees never made a mistake or get any warning from the company, and for 8 years working at the bank, these three employees have given a significant contribution to the company until the company experienced a very rapid progress.
The first dismissal was Brother Joaquim Gonzaga (head of Advocacy and Networking Department of the union) on November 30, 2011 for having defend the rights and interest of union members. After the dismissal, Brothers Helder Barreto, chairman of the union make efforts for settlement, but he was dismissed from his job, including Brother Leonardo Amaral-Union Vice Chairman of Mandiri Bank.
Mandiri Bank is a private bank based in Jacarata-Indonesia.
After experiencing the aftermath of the complexity of the settlement of the dispute, three union officials lodge a complaint to General Workers Union-SJTL that cover banking sector. After receiving all report, Brother Almerio Vila Nova, Secretary General of SJTL make a communication and efforts for settlement by putting its demand to the management to re-instate the three union officials because management has no reason to dismiss the three union officials but it was no solution. The management simply refuses the demand made by the union. Considering that the management has committed an arbitrary dismissal of union officials and the dismissal action itself is contrary to the Constitution and the Labour Act of Timor-Leste, the SJTL together with the Mandiri Bank Workers Union decided to organize a strike action after going through the procedure stipulated in the legislation of Timor-Leste.
On 19 December 2011, there was a strike involving all of the union members (43 members). On the second day, of the strike Timorese Police (special police force), using war equipment such as a rifle. The intervention of the police is made after two hours meeting between police commander Mr. Longuinhos Monteiro and the General Manager of Mandiri Bank, Mr. Mohamad Yani that took place at the office of Mandiri Bank on December 20, 2011. After the intervention of the police to forcibly disperse the strike action, the pick Union Body of Timor-Leste/KSTL and SJTL contacted the Parliament and the Secretary of State for Vocational Training and Employment-SEFOPE and there was a tripartite mediation that led by Labour relation officers assisted by the Secretary of State, Mr. Bendito Freitas, but no results. During the mediation it was clearly showing that government-SEFOPE was pro the management side. KSTL expressed its concern over the situation. KSTL judge that the Government of Timor-Leste/SEFOPE and the police have become accomplices and protectors for employers, especially foreign companies operating in Timor-Leste, including Mandiri Bank.
Attitudes and actions of the government of Timor-Leste and the Timorese police are likely to protect the employer not only occur in labor disputes that occurred in the Mandiri Bank, but the same attitude has been done also to workers in earlier times. Intervention by the police to forcibly disperse the workers who performed their right to strikes have occurred as much as 5 times, namely in 2004, 2008, 2009, and in 2011 as much as 2 times. The government of Timor-Leste does not take any serious action towards the police institution. The Government also has not taking stern action against businessmen who exploit and violate workers rights. Due to the lack of efforts from the government-SEFOPE to stop violations of the rights and interest of workers, then employers increasingly act arbitrarily against workers.
KSTL also expressed its concern over the situation of workers who day by suffer of abuse of their rights by the employers, including the attitude of the government and police that support the employers who broke the law. Therefore KSTL call and ask for the solidarity of fellow trade unions to:
Demanding to the management of Mandiri Bank-Mr. Mohamad Yani for immediate and unconditional to re-instate the three union officials that have been unfairly dismissed.
Urge the government of Timor-Leste to be fair when mediating industrial dispute, respect workers rights as stipulated in the legislation and act base on the laws.
Demanding to the Timorese Police to stop their acts of intervention in any labor dispute from now and on.
What can you do to support:
1. Send leter of protest to the Mandiri Bank CEO & General Manager
For Media Inquire, please contact José da Conceição da Costa
President
Timor-Leste Trade Union Confederation-KSTL
Phone: + 670 7239824, E-mail:
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