Documented violations - actual number of cases may be higher
Timor Leste (East Timor) - 2012
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The government tends to side with the employers and twice allowed the police to crack down hard on trade union protests.
ILO Core Conventions Ratified:
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
East Timor, independent since 2002, is one of the poorest countries in the world, despite its oil and gas reserves. UNMIT (United Nations Integrated Mission in Timore Leste) troops have completed the handover of policing to the local forces of law and order, and are due to leave the country in 2012, after the election of a new government.
ILO Core Conventions Ratified:
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital:
Capital:
reported violations- 2012
Documented violations - actual number of cases may be higher
Trade union rights in law
Although fundamental trade union rights are guaranteed, areas of concern exist in the labour law. Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
is secured in the Constitution and the Labour Code, and in 2009 Timor Leste ratified the two ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
core conventions on trade union rights. However, foreign nationals are not allowed to participate in the “administrative or social organs of a union”. While termination of employment for union activity is explicitly prohibited in law, the protection is partly undermined by another provision which allows for financial compensation in lieu of reinstatement if the employer refuses to reinstate the worker.
Furthermore, trade union activities are hampered by provisions in the Freedom, Assembly and Demonstration Act. Protests are not allowed within 100 metres of certain buildings, including government offices and diplomatic missions, as well as of infrastructure such as ports and key parts of transportation. The Minister has an absolute right to prohibit or restrict a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
”.
Freedom of association / Right to organize
Principles
Right to collective bargaining
Principles
Right to strike
Principles
ILO Core Conventions Ratified:
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital:
Capital:
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Government remains passive in face of employer abuse: The East Timor Trade Union Confederation (KSTL) regrets the government’s failure to protect workers’ rights, exposing them to unfair treatment by the employers. The police intervened in trade union actions twice in 2011, yet the government did not react, either to the police violence or to exploitation by the employers.
ILO Core Conventions Ratified:
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital:
Capital:
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
US Mission recognises it was in the wrong: In 2010 the US Mission to East Timor opposed the union membership of one of its employees, dismissed him, and refused to meet the General Workers Union of Timor-Leste (SJTL) (see 2011 Survey). Following national and international pressure, the Mission recognised that its staff had the right to join a union. The SJTL met the Mission on 3 February and was able to settle the matter of the unfair dismissal of its member.
Three workers dismissed for their trade union activity swiftly reinstated by Sigma supermarkets: On 24 May a delegate and two members of the General Workers Union of Timor-Leste (SJTL) were dismissed by the Sigma supermarket after calling for better standards of hygiene for the staff. On 6 June, after a one hour strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the SJTL won the reinstatement of all three, and the satisfaction of the workers’ demands.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the SJTL won the reinstatement of all three, and the satisfaction of the workers’ demands.
Arrest of 15 workers and two trade union delegates in the Turismo Hotel affairresponsables syndicaux dans l’affaire du Turismo Hotel: On 11 October the General Secretary of the General Workers Union of Timor-Leste (SJTL) Mr Almério Vila Nova, another trade union official, Mrs. Henita Casimira, and 15 workers from the “Hotel Turismo” were arrested by police while preparing to hold a peaceful protest movement outside the Ministry of Justice. They were planning to protest against the dismissal of 19 hotel workers affiliated to the SJTL. The union believed the Justice Minister, Lucia Lobato, had played a key role in the dismissal. They were held in a police cell for two days and one night before being released for lack of proof of any criminal offence.
Mandiri Bank turns on trade union leaders: On 30 November, Joaquim Gonzala, head of the Advocacy and Networking Department for the workers’ union at the Indonesian bank, was dismissed for defending the rights and interests of the union’s members. The union’s president and vice-president, Helder Barreto and Leonardo Amaral, sought conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation with the bank but were dismissed in turn. The General Workers Union of Timor-Leste (SJTL) organised a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike beginning on 19 December within the Mandiri bank to protest at the dismissals, which were in violation of the country’s labour legislation. The protestors were dispersed the following morning by the police, following discussions between the police commander and the bank managers. At the request of the SJTL and the East Timor Trade Union Confederation (KSTL), a tripartite mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation meeting was organised by the national labour authorities. According to the KSTL the government clearly sided with the bank managers at the meeting, and no solution was found.
See arbitration, mediation with the bank but were dismissed in turn. The General Workers Union of Timor-Leste (SJTL) organised a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike beginning on 19 December within the Mandiri bank to protest at the dismissals, which were in violation of the country’s labour legislation. The protestors were dispersed the following morning by the police, following discussions between the police commander and the bank managers. At the request of the SJTL and the East Timor Trade Union Confederation (KSTL), a tripartite mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation meeting was organised by the national labour authorities. According to the KSTL the government clearly sided with the bank managers at the meeting, and no solution was found.
ILO Core Conventions Ratified:
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital:
Capital:
reported violations - 2012
Documented violations - actual number of cases may be higher