Mandah Estate with a total of 2 PKWT for harvest work. Appointment of PKWT will be carried out in June 2022.
Based on the explanation above, companies are encouraged to carry out the appointment of PKWT on the main work contained in the company's operational activities. (OFI)
Besides, based on document verification, company has shown that contract worker agreement which shown that concerning wages and incentives which explains that the lowest wage of worker couldn’t be lower than the minimum wage set by the government every year, which stated “Pekerja berhak memperoleh remunerasi dengan ketentuan gaji pokok Rp. 3.020.000, natura 15 Kg/bulan, dan tunjangan lain sebagaimana diatur di dalam Perjanjian Kerja Bersama, serta pajak penghasilan PPh 21”.
Status: Comply
6.3 The unit of certification respects the rights of all personnel to form and join trade unions of their choice and to bargain
6.4
Children are not employed or exploited.
6.4.1 & 6.4.2
Company has employee’s recruitment procedure number SOP Recruitment (No. Policy: 431/HRM-RCT/07) dated 24 May 2007. The recruitment in accordance to request to fill in shortage or replace employee stops; additional request using the labor requirement form; the process of selection, interview, and medical checkup. Company has a policy on child labor, signed by CEO and in CLA also stated that the minimum age for workers is 18 years old. Based on document verification and interview with local contractor, it has been included into service contracts and supplier agreements.
This policy has been communicated to all workers, suppliers and contractors respectively. Records of personal data of employees - age, marital status, position and rank, location of work, date of commencing employment - are kept. Checking the records of the last recruitment and interviews with employees confirmed that no one under 18 years old has been employed. During field observation at estates and mill were not founds any workers under working age.
Based on field observation and verification of the plantation and mill employee list documents for the period of March 2022 did not find any workers who were less than 18 years old at the time of hiring.
6.4.3
Based on field observation and verification of the plantation and mill employee list documents for the period of March 2022 did not find any workers who were less than 18 years old at the time of hiring.
6.4.4
Company has employee’s recruitment procedure number SOP Recruitment (No. Policy: 431/HRM-RCT/07) dated 24 May 2007. The recruitment in accordance to request to fill in shortage or replace employee stops; additional request using the labor requirement form; the process of selection, interview, and medical checkup. Company has a policy on child labor, signed by CEO and in CLA also stated that the minimum age for workers is 18 years old.
Company also showed that they had socialized the policy to relevant parties, for example the socialization held on 22 January 2022 to workers. Based on documents verification and field observation, there were no workers under the age of 18 and there was no child around the work area. In addition, UoC also includes clauses on child protection and prohibitions on hiring workers under the age of 18 in any agreement. UoC also put a warning board which disallowance the children existence in the work area.
Status: Comply
6.5
There is no harassment or abuse in the workplace, and reproductive rights are protected.
6.5.1
Company has a Social Policy number 724/TQEM-SPM/09 dated 8 November 2010 state that the company developing and implementing policies to prevent sexual harassment and forms of crime against women and protect reproductive rights. Based on document verification, company has also shown example of socialization of this policy to the worker and contractor dated 12 September 2021, 3 December 2021 and 16 February 2022.
Company was developed the protocol flowchart for sexual harassment reporting. Each of units (mill and estates) has their own gender committee that supported with annual work programs:
Estates annual Work Programs, includes: socialization; counselling; monitoring; child care facilities monitoring; committee gender meeting; health services post.
Mill annual work programs: sexual harassment socialization; baby health monitoring; healthy environment; information and technology awareness.
Company also showed the record of the company’s socialization using audio and visual for all workers and external stakeholders.
This audio-visual record explained the mechanism of all grievances including violence and sexual harassment. However, illiterate people can submit their complaints through the village head or another representative from the stakeholder (gender committee and labor union).
Based on documents review and interviews with estate and mill workers, disallowance of sexual harassment and violence had been
routinely socialized by the management, socialization held by showing the audio-visual related to the mechanism in reporting any forms of sexual harassment and violence to all workers.
6.5.2
Company has a Social Policy number 724/TQEM-SPM/09 dated 8 November 2010 state that the company developing and implementing policies to prevent sexual harassment and forms of crime against women and protect reproductive rights. Based on document verification sighted that company has socialized this policy to the worker and contractor dated 12 September 2021, 3 December 2021 and 16 February 2022.
In addition, company also has a policy document against female workers signed by Doctor of PT. BNS-central clinic dated 1 July 2015 at points 1-4 which mentions policies for granting menstrual leave and maternity leave, policies for pregnant women workers, and policies for women who have just given birth and breast-feeding.
Based on document verification, company has also shown several samples of menstrual leave and maternity leave of women workers as shown below:
Maternity leave was given 3 months of paid leave (1.5 months before give birth and 1.5 months after). For example, paid leave letter on behalf of NAN (initial) approved by the supervisor on 10 February 2022 in RSE.
Menstrual leave was given 2 days of paid leave. For example, paid leave letter on behalf of LSN (initial) on 10 February 2022 in MDE.
Based on the interviews with the gender committee and daycare officer, company had given time for breastfeeding woman and provided certain place for breastfeeding. This is one evidence that the company supports the protection of reproductive rights, especially for women.
6.5.3
Based on the interviews with gender committee representatives and field observation, it is known that the company has provided a certain place for breastfeeding at daycare with special time to breastfeed. There was no prohibition from supervisors in the field related to this matter and specifically workers in the field who do not bring a vehicle will be delivered/picked up by the foreman at these times.
Company has specifically provided the need for new mother or breastfeeding workers to breastfeed by setting a special time for breastfeeding at work, the availability of a special room for breastfeeding and other supporting facilities. Company also showed the result of new mother’s needs identification which was conducted on 10 February 2022 attended by new mother on behalf of NAN (initial) and paramedic. This document informed the needs of new mother during the give birth and after give birth as follows:
ambulance, paramedics’ guidance, daycare, breastfeeding room, and work area nearest its daycare.
6.5.4
Company has shown a procedure to accommodate complaints and grievances from employees specifically in sexual harassment and violence showed in audio-visual socialization to all workers and stakeholders. In the procedure described that if requested, the company guarantees the confidentiality of the reporting identity and the disclosure of disgrace or incident (whistleblower).
Based on the interviews with workers it’s known that the workers already have sufficient understanding of the grievance mechanism.
Related complaints of sexual harassment can be submitted to the gender committee.
Status: Comply
6.6
No forms of forced or trafficked labour are used.
6.6.1
Company had a policy concerning ethical codes in all operational activities and transactions. This policy is stated in the Sime Darby Plantation Group Code of Conduct updated in December 2021. This policy generally explained that the company respect and protect human rights by eliminating of forced, slavery and trafficking of labor and any exploitation forms. UoC also showed the SOP of recruitment (No. 431/HRM-RCT/07) validated on 24 May 2007 which stated that workers do not take any recruitment fees at any stage of the recruitment process, and no retention of passports/identity documents.
Company has also shown that on each work agreement between the certification unit and the contractor/supplier, there were clauses
related to fulfilling legal obligations in Indonesia as one of the obligations that must be fulfilled by the contractors. Some of these obligations are related to anti-bribery, anti-corruption, and anti-forced labor. To ensure compliance with these clauses, the certification unit always requests the requirements for the completeness before the contractor does work.
Based on the interviews with manpower agency, gender committee, labor union, and workers at Mill and Estates, there is no issue of discrimination and forced labor in the company. There were no significant obstacles related to employment or violations of company regulations. Company provided output targets that can be obtained in less than 7 hours of work. If the harvester obtains more output within or more than 7 working hours, then the harvester will get the incentive payment. No penalty was given to the harvester if it does not get output due to natural factors such as rain. Based on payment list, the harvesters have earned above the minimum wage.
There were no pressure/forced in doing overtime work, workers who had overtime at the company can refuse if ordered to do overtime activities because overtime is not the worker's obligation. Based on interview with workers, worker union and gender committee, all work in the company was done voluntarily. There are no practices of retention of identity document, payment of recruitment fee, contract substitution; lack of freedom to resign, debt bondage, and withholding of wages in the company.
6.6.2
Company still has workers with contract status for few works such as manual upkeep and harvesting. All the rights for each employment status have been distinguished for workers with contract status and the permanent status. There was no discrimination between contract workers and permanent workers. Company has also socialized about its policy and procedure related to prohibition of worker discrimination in the company to the workers such as on 11 December 2021.
Based on document verification sighted that there are no migrant workers on this certification unit, there are only permanent and contract workers. There is also no migrant worker who works in the company. In addition, based on interview with worker union board sighted that so far, there has never been a penalty for termination of employment, bonded labor practices, withholding wages, and forced overtime.
Status: Comply