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              jobs, no assignment given properly, terminated the undue contract by offering a lum-sum amount of
              severance pay, or promoted to inactive position, promoted to higher position, and hired police to threaten
              leading unionists . Most importantly, the violation of management power in intimidating workers which
              caused the problems become more complicate.
                     Besides, some employers applied various employment tactics such as introduced short-term
              employment, total lot labor contract, sub-contraction and distribution of job to do at home. (home-
              workers). All these introduction had weakened severely the bargaining power of workers.
                            3. Causes of Violation
                             Three factors were under consideration:
                                (1)  The employer.
                                (2)  Law enforcement and officials’ performance of duty.
                                (3)  State policy
                            4.  Management of Sub-committee on Labor Rights
                            What were mentioned include performance procedure, for instances; collection of facts,
              arbitration, information supply to state agencies dealing with the problems to check for fact accuracy,
              seminars and meetings between various concerned parties to find solution of the problems, and the
              meeting of concerned parties at provincial level.
                            5.  Problem solving measures and policy-wise recommendations, differentiation of
              measures include:
                                1.1  Measures for problem solving toward responsible agencies.
                                1.2  Improvement of law and performance of officials.
                                1.3  Proposals for other concerned state agencies.
                                1.4  Proposals of policy-wise for the government and Ministry of Labor.


                                         Abstract of Chapter 5

                                   Violation of Labor Rights in Public Sector

                     Violation of worker rights in public sector is studied from more than 50 complaint cases received
              by the Sub-committee on Labor Rights. The most outstanding issue concentrated on the new employment
              structure determination which derived from Ministry of Finance’s policy aiming to reduce state personnel
              budget  and  put  expenses  for  workers’  welfare  under  control.  Such  policy  caused  new  form  of
              employment that made newly recruited employees’ status different from the permanent ones. These
              employees of state would be under certain budget and revenues, service contracted employee which
              discouraged high degree job seeker. However, this type of employment tends to be increased gradually,
              about 500.000 persons are observed from the figures as at the end of 2005.
                     With the rapid change of employment nature signed on yearly basis, workers realize that they are
              in insecure working condition. Wages and welfare provided to these workers were far from standard
              because labor laws were not observed. While their assignments were based on job descriptions which were
              much harder than other permanent state employees of the same functions and in the same workplace. The
              new employment system brought effects to some permanent public employees in state enterprises, some
              were forced to leave their jobs because of their workplaces were dissolved by dissolution of law and
              cabinet’s decision. Such act was breaching labor rights and human rights of workers in public sector
              according to international rules on socio-economic and cultural rights and non-standard employment.
              Another issue includes those who are working beyond public servant system, except state enterprise
              employees, are not allowed to form a union to seek collective negotiation in order to improve working
              conditions which is regarded as a form of violating the International Convention on Civil Rights.


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     Master 2 anu .indd   350                                                                     7/28/08   9:25:44 PM
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