Appeal Letter to Reinstate Agus Wahyuni

TO HSBC JAKARTAATTN: RICHARD McHOWATTFAX NUMBER  +62 21 5211103 

TO HSBC JAKARTAATTN: RICHARD McHOWATTFAX NUMBER  +62 21 5211103 

Dear Mr. Richard McHowatt

We are very concerned about the dismissal case in your company. We heard that you are yet to reinstate the worker who was unjustly dismissed from HSBC – Jakarta in November 2001. We believe that this worker was fired in order to stop her activities as a Labour Union Administrator to voice workers’ concerns about problematic working conditions at HSBC. We strongly support workers’ right to organize and therefore urge you to reinstate this worker immediately.

Her struggle for reinstatement has been going o­n for almost 4 years, since November 12, 2001; She has

1. brought the dispute before the Regional Committee for Labour Settlement (P4D) and then before Central Committee for Labour Settlement (P4P)

2. appealed to the Supreme Court for State Administration (PTTUN) which started its preliminary investigation o­n Monday September 12, 2005

3. sued to Police Department of Republic Indonesia based o­n article 28 in conjunction with article 43 of Law no 21 of 2000 regarding “Trade Unions”

4. reported to Commision VII of House of People’s Representatives of Republic of Indonesia which issued recommendations;

* that her name must be cleared

* her normative entitlements for last 4 years must be granted

* The P4P, Mr. Richard McHowatt and Mr. Hilman Jaya must be sanctioned pursuant to Parliament’s rule and regulations article 178 Paragraph (6), which says:”…shall report the offence againts Article 35 Paragraph (2) of Law No. 4 of 1999, as contemplated in Paragraph (5), to relevant investigators for further processing pursuant to the applicable laws

5. reported to the National Commission of Human Rights

We have been informed by the Congress of Indonesian Unions Alliance (KASBI) that they found serious violations against freedom of association and the right to organize unions. Not o­nly is this unacceptable, but it is also very discouraging, these violations of workers’ rights have not been suitably addressed by your management team. Why have you not taken sufficient action to bring HSBC into compliance with good labour standards?

Please demonstrate that you take these concerns seriously and:

1. Reinstate Agus Wahyuni who was dismissed since November 2001
2. Meet recommendations of Commission VII of House of People’s Representatives of Republic of Indonesia
3. Ensure that workers are able to freely exercise their rights of freedom of association and collective bargaining.

We hope that you will get back to us soon to let us know of the positive action you have taken to resolve this matter.

Sincerely,

Committee for Asian Women