Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Labour Standards under Decentralisation and Globalisation: The Impact of the Minimum Wage Policy in West Java, Indonesia A thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy In Development Studies at Massey University, Palmerston North, New Zealand. By Indra Murty Surbakti 2005 ABSTRACT This study explores the importance of the minimum wage policy in West Java, Indonesia, within the overall framework of development and in the face of globalisation and decentralisation. A holistic approach to the minimum wage policy is applied. Generally, the study assesses the impact of decentralized minimum wage fixing processes on employment and participation of trade unions. In addition, it explores whether the mInImUm wage policy assists workers in coping with the negative effects of globalisation. It also explores the link between minimum wages and decent work. This study reveals that while there is some evidence of employment losses due to increases in wage levels in West Java, it did not find conclusive evidence that minimum wage levels were the main factor responsible for the employment decline. It is likely that a combination of factors such as a decrease in global demand for Indonesian manufacturing products and the current macro-economic conditions in the country, are also responsible for the employment decline. This study finds that the process of minimum wage fixing at local level has a positive impact on trade union participation in wage bargaining. The empowerment of trade unions through new legislation has enabled independent trade unions to flourish, which allows workers to join any trade unions. Consequently, minimum wage bargaining at district/city level is more dynamic than the centralized system of minimum wage bargaining in the past. Trade unions are able to express their views on what the minimum wage levels should be. Moreover, the mInImUm wage fixing processes at local level have the potential to promote decent work. The minimum wage fixing processes are an alternative to wage bargaining and can accommodate even sectors where trade unions are least active or nonĀ­ existent. The minimum wage processes at district/city level are already established and 11 they are in position to expand to a wider framework of providing welfare for workers. However, decent work objectives will not be achieved without the full cooperation of both central and local governments. Under the current decentralisation process, where central and local government views are stil l not in agreement, it is difficult to see how decent work can be applied nationally. Thus, the minimum wage policy and trade union development are important in the overall development paradigm. Both ensure the existence of a rights based approach to development where workers are given rights to organize as well as earn a basic l iving. Nevertheless, the development of trade unions in developing countries is under threat from flexibilisation of the workplace in which jobs have become less and less secure. The minimum wage policy, however, is still viable because it covers all types of workers. At the very least, minimum wages provide a safety net wage that can prevent real wages from falling. The writer suggests that more studies should be conducted on the extent and effectiveness of trade union participation in minimum wage bargaining. In addition, further studies should be conducted on the effect of minimum wages and trade unions on non-standard or flexible workers. Flexible workers, whether they are fixed-term contract and outsourced workers, are becoming an important part of the global labour market and increasingly pose a challenge to the increasingly important role of trade unions in developing countries. III ACKNOWLEDGMENT This thesis would not have come to fruition without the support and assistance of many people and institutions. I am greatly indebted for the guidance these people have provided, and for the facilities and resources given to conduct the research. A very special appreciation is extended to my supervisors, Professor John Overton, Professor Hans-liirgen Engelbrecht, and Dr. Donovan Storey for their encouragement, insights and guidance in conducting this research. I thank Professor Overton's invaluable inputs for the thesis, especially on the subjects of globalisation and decentralisation. I extend my appreciation to Professor Engelbrecht for his suggestions and feedbacks, particularly on the quantitative methodology. 1 am indebted to Dr. Storey for his advice in the development of, and general direction of, the contents of the research. I would like to thank all the respondents, whether they are officials of trade unions, government offices and managers of manufacturing firms in West Java and Jakarta for thei r participation in the study and for allowing me to conduct interviews and survey during the fieldwork. The interactions with the above respondents have been very fruitful and cordial. I would like to thank the School of People, Environment and Planning, Massey University, and the World Bank in Jakarta who provided me with additional funding for the fieldwork. I would like to thank Statistics Indonesia, the World Bank and the Asian Development Bank for allowing me to participate in their survey and use some of their data for analysis. I am deeply indebted to NZODA for providing me with a scholarship to pursue this doctoral degree in Development Studies and to the invaluable assistance given to my family and I by Ms. Sue Flynn and Ms. Sylvia Hooker of the International Student Office, Massey University. IV Special gratitude is extended to my friends and colleagues in Statistics Indonesia, particularly in the large and medium industry sub-directorate, for their assistance and support during my fieldwork, and to the statistical offices of West Java and Jakarta for their assistance in providing information valuable to the fieldwork. I would also l ike to extend my sincere thanks to my research assistant, Mr. Supardi Yasmuarto and Mr. Harya Bharata, for their abundant assistance during the fieldwork in Indonesia. Supardi and Harya helped in collecting data and information, setting-up interview appointments, providing transportation to and from the fieldwork area, and assisting in the interviews, survey and data entry. I thank Robert Thompson and Christine Beach for helping proofread my thesis and improving the quality of my writing. Their assistance gave me valuable lessons in the English language. Last but not the least, I would like to accord a special thank you to my wife, Maria Jacinta Arquisola and my son, Arrnand Faris, my parents and brothers for their love, inspiration, and support while I was completing this study. My wife was my unofficial advisor and critic. Her knowledge and insights on several aspects of the thesis have been very helpful to me. I thank her for putting-up with my antics during the development of this thesis. Finally, I would like to dedicate this thesis to my son, Arrnand Faris, who was born prematurely in New Zealand. His strength and will to l ive gave me the immense motivation to finish this thesis. My son has been my greatest inspiration. v Table of Contents Abstract Acknowledgement Table of Contents List of Tables List of Figures List of Text Boxes List of Abbreviations Chapter I Introduction The Impact of Globalisation on Indonesian Workers Indonesia's Economic Crisis and Political Transformation Background of the Problem The Role of the Minimum Wage Policy in Indonesia Objective of the Thesis Overview of Theoretical Framework and Literature The Economic dimension of Minimum Wages Minimum Wages and Development The Politics of Minimum Wages: Democratisation and Decentralisation Industrial Relations Decent Work Overview oJ Methodology Background of the Study Area Thesis Summary Chapter 11 Globalisation, Decent Work and Decentralisation Introduction Economic Globalisation Impact of Globalisation on Labour Responses to Globalisation The Concept of Decent Work Decent Work Frontier Decent Work as a New Paradigm Social Dialogue in Decent Work Labour Standards Freedom of Association and Collective Bargaining Re-Regulation of Labour Policies Linking Minimum Wages with Decent Work Decentralisation: A New Hope? Decentralisation: A Panacea for Development? Decentralisation of Collective Bargaining Democratisation and Decentralisation in Indonesia VI Page ii iv vi xi xiii xv xvi 2 3 4 6 8 9 9 1 0 1 1 1 3 1 5 1 5 1 6 1 8 22 23 24 28 30 32 33 35 36 39 42 45 47 49 50 5 1 Decentralisation of Government Functions Promoting Independent Trade Union s The Research Question Chapter III The International Minimum Wage Debate: Theoretical Framework and Literature Review 5 1 53 55 Introduction 59 The Minimum Wage Policy 59 Administration of the Minimum Wage Policy 6 1 The Economic Dimension of Minimum Wages 62 The neo-classica1 model 62 Minimum wages in developing countries: a two-sector model 63 Competing economic models 66 The impact of trade unions 68 The Social Dimension of Minimum Wages 69 The Political Dimension of the Minimum Wages 7 1 The Minimum Wage Debate 77 Evidence from Developed Countries 79 Evidence of Support for the Minimum Wage Policy in Developed Countries 80 Minimum Wages in Developing Countries 83 Application of Minimum Wages in Developing Countries 84 Minimum Wage Studies in Developing Countries 85 Summary 89 Chapter IV Profile of Indonesian Economic Development and the Labour Market Introduction Overview of Indonesian Economic Development Indonesia IS Development Path Pre and Post Crisis Economic Development The Role of the Manufacturing Sector Large and Medium Manufacturing Manufacturing Sector in West Java The Indonesian labour market Labour Market Conditions Workers in Indonesia's Manufacturing Sector Informal Sector Employment The Employment Dilemma Firm Closures Unemployment and Under Employment Industrial Conflicts Summary Vll 92 92 93 97 99 1 00 1 03 1 06 1 09 1 1 1 1 1 3 1 1 5 1 1 5 1 1 7 1 1 8 1 22 Chapter V Wages and Minimum Wages in Indonesia Introduction 1 24 Overview of Wage Differentials in Indonesia 1 24 Wages in the Fieldwork Area 1 3 0 Social Protection 1 3 1 The Minimum Wage Policy 1 3 3 Historical Overview 1 3 3 Pre and Post Crisis Minimum Wage Levels 1 3 5 Minimum Wages and Average Wages 1 3 8 Determinants of Minimum Wages 142 The Minimum Wage Setting Process 148 Studies on the Impact of Minimum Wages in Indonesia 1 5 1 The Importance of the Minimum Wage Policy and Independent Trade Unions in Indonesia 's Development 1 57 Summary 1 6 1 Chapter VI Methodology Introduction 1 64 Qualitative Analysis - The Fieldwork 1 65 Method of Fieldwork 1 66 Choosing the Sample for the Fieldwork 1 70 Total Samples Obtained from the Fieldwork 1 72 Characteristics of the Sample 1 72 Support for the Fieldwork 1 74 Additional Information 1 75 Pilot Study of the Productivity and Investment Climate Survey 1 75 Limitations to the Fieldwork 1 76 Fieldwork Experiences 1 79 Interview with human resource managers 1 79 Interview with trade union officials 1 80 Interview with government officials 1 85 Quantitative Analysis 1 86 Econometric Analysis 1 88 OLS estimates of labour demand using the Productivity and Investment Survey (2003) data 1 89 2SLS Estimates of inter district/city employment change 190 Alternative Methods 1 9 1 Other Quantitative Methods 1 94 Data Sources 1 94 Scope and Limitation of the Quantitative Data 1 98 Summary of Methods 200 Vlll Chapter VII The Impact of the Minimum Wage Policy Introduction 202 Findings 203 Levels of Minimum Wages 204 Minimum Wages and Basic Living 206 Misconceptions on the Meaning of Minimum Wages 209 Respondents' Views on the Decentralised Minimum Wage Fixing 2 1 2 Minimum Wages in 2001 and 2002 2 1 3 The Impact of Minimum Wages 2 1 7 Spill-over Effects of the Minimum Wage Increase 225 Minimum Wages and Firm Closures 227 Minimum Wages and Labour Productivity 228 Sectoral or Industrial Minimum Wages 230 Summary 232 Chapter VIII Analysis of the Employment Impact of the Minimum Wage Policy Based on Secondary Data Sources Introduction 236 Data Sources 238 Characteristics of the Productivity and Investment Survey Data 240 Minimum Wage Compliance and Trade Union Density 242 Labour Demand 244 OLS Estimates of Labour Demand using the Productivity and Investment Climate Survey Data 249 Diagnostics 250 Results of the Regression 25 1 Two- Stage Least Squares (2SLS) Estimation of Relative Inter-district/city Employment Change 255 Lagged Effect 260 Firm closures 26 1 Employment Change using Births and Deaths of firms 263 Summary of Results 268 Chapter IX The Minimum Wage Policy and Changing Industrial Relations in Indonesia Introduction 27 1 Industrial Relations in Indonesia 272 Trade Unions and Decent Work 275 The New Employment Law Number 1 3 , 2003 276 Potential Cost of the New Law 283 Other Significant Changes in the Law 286 Potential Impact of the New Employment Law on the Business Climate 287 Law Number 2, 2004 on Industrial Relations Dispute Resolution 288 IX Current Development of Trade Unions 290 Trade Unions in Manufacturing 290 Findings from the Fieldwork 292 Composition of Firm-level Unions 294 Impact of Unions 295 Impact of Decentralised Minimum Wage Fixing on Union Participation 299 'Best Practice ' Industrial Relations 302 A Tale of Two Firms: Closures of Two Firms in the labotabek Region 303 Other Issues Affecting Employment and Business Climate 308 New Local Tax Provisions and other Regulations in the Decentralisation Process 308 Rent Seeking 309 Relocation 3 1 0 Globalisation 3 1 1 Concluding Remarks 3 1 1 Chapter X Conclusions Summary of Major Findings Implications of Findings in the Research Location Implications outside the Research Area Implications for Indonesian Development Industrial Relations Decent Work Globalisation and Decentralisation Recommendations and Concluding Remarks Appendices References x 3 1 6 320 320 32 1 322 323 323 324 327 365 LIST OF TABLES Page Table 3 . 1 Selected Emp irical Studies on the Emp loyment Imp act of the Minimum Wage Policy in Develop ing Countries 88 Table 4. 1 Real GDP ( 1993 prices) of Indonesia 1 990-2000 by Industrial Sectors (Billion Rup iahs) 96 Table 4 .2 Number of Workers in Indonesia by typ e of main I ndustry, 1 996-200 1 1 07 Table 4.3 Labour Market Conditions in Indonesia, 1 997-200 1 1 1 1 Table 4.4 Number of Workers in Large and Medium Manufacturing in Indonesia, 1 998-2002 1 1 2 Table 4.5 Percentage of Formal and Informal Sector Workers in Indonesia by Year and UrbanlRural, 1995- 1 999 1 14 Table 4.6 Open Unemp loyment and Under Employment, 2000-2003 (000 p ersons) 1 1 8 Table 4.7 Number of Strikes in Indonesia, 1 980-2003 1 1 9 Table 4.8 Number of Strikes by Selected Regions, 200 1 -2004 1 20 Table 4.9 Percent of Strikes by Economic Sector, 200 1 -2004 1 2 1 Table 5 . 1 Real Wage Growth in Selected Economic Activities during The New Order Period (% per Annum) 1 25 Table 5 .2 Ratio of Average Wage of Informal Workers to Formal Workers by Urban and Rural, 1 995- 1 999 1 29 Table 5.3 Real Provincial Minimum Wage Increases (% per annum) Pre and Post Crisis 1 37 Table 5 .4 Significant Emp irical Studies on the Effect of the Minimum Wage Policy in Indonesia 1 53 Table 6. 1 Characteristics ofthe Samp le for Establishments 1 72 Xl Table 6.2 List of Trade Unions Interviewed during the Fieldwork 1 82 Table 7. 1 Monthly Real Minimum Wages in Selected Provinces and Districts in Jakarta, West Java and Banten, 1 999-2003 (000 rupiahs) 204 Table 7.2 Effect of the Increase in Minimum Wages on Employment Lay-offs 2 1 8 Table 7.3 Effect of Minimum Wage Increases on Future Ability of Firms to Hire more Workers 2 1 9 Table 7.4 Effect of Minimum Wage Increase on Labour Productivity 229 Table 8. 1 Distribution of Respondents by Province, I SI C and Firm Size 24 1 Table 8.2 Percentage of Minimum Wage Compliance, Union Density in West Java And Jakarta, by 2 Digit I SIC in 2002 243 Table 8.3 Number of Vacancies by type of Permanent Workers and 2-digit ISIC 245 Table 8.4 Number of Temporary Workers by 2-digit I SIC, 2000-2002 247 Table 8.5 Percent of Permanent Employment Change in 2001 and 2002 by Level of Occupation and Area (in percent) 248 Table 8.6 OLS Estimates of Change in Permanent and Temporary Employment: dependent variable /). log Eit 253 Table 8.7 Regression Results of Relative Employment Change in West Java Using OLS and altern ative 2SLS Estimates - dependent variable employment /). log ei 259 Table 8.8 Number of Establishments (New, Old, Downscaled and Closed) in the Large and Medium Manufacturing Sectors in Indonesia, 2000-2004 262 Table 8.9 Percent of Employment Change in Indonesia, West Java and Jakarta using Births and Deaths of Manufacturing Establishments 265 Table 8. 1 0 Percent of Employment Change in Sector 32 in Indonesia, West Java and Jakarta using Births and Deaths of Manufacturing Establishments 267 Table 9. 1 Selected Comparison of old and new Employment law 278 XlI LIST OF FIGURES Page Figure 2 . 1 Decent Work Frontier Model of Increasing Earnings and Employment 32 Figure 2.2 Theoretical Basis : Developing a Research Q uestion 57 Figure 3 . 1 Neo-c1assical Economic Model of Employment Effect of Minimum Wage Legislation 63 Figure 3 .2 Neo-Classical Economic Model of Employment Effects of Minimum Wages in the Formal and Informal Sector 65 Figure 4. 1 Number of Large and Medium Manufacturing Establishments in Indonesia and Selected Provinces, 1 975-2000 102 Figure 4.2 Map of West Java, Java Island, Indonesia 104 Figure 4.3 Number of Large and Medium Manufacturing Establishments by two-digit ISIC in Indonesia, 1 99 1 -2000 1 06 Fi gure 4.4 Number of Large and Medi um Manufacturing Workers in Four Major Provinces, 1 99 1 -2000 1 1 3 Figure 4.5 New, Downscaled and Closed Large and Medium Manufacturing (Total and TGF industries) Establishments in Indonesia, 2000-2004 1 1 6 Figure 4.6 Main Factors for Strike Incidences in Indonesia (2002) 1 22 Figure 5 . 1 Summary of Real Wages in Indonesia, 1 996-2002 1 26 Figure 5.2 Real Wage Index of Workers below Supervisor Level by 3 Main Sectors, Indonesia 1 997-2002 1 27 Figure 5 .3 Average Monthly Wages of Manufacturing Workers below Supervisors Level, 1 994-2002 (US $) 129 Figure 5 .4 Real Weekly Manufacturing Wages, Indonesia & Selected Regions, 1 996 - 200 1 (000 rupiahs) 1 3 1 Figure 5 .5 Nominal Monthly Wages of Large, Medium and Small Manufacturing Establishments and Minimum Wages, 1 993-2000 1 38 Figure 5 .6 Average Nominal Monthly Wage of Local and Foreign investment Establishments and Minimum Wage in Jakarta, 1 99 1 -2000 1 39 Xlll Figure 5 .7 Average Nominal Wages of Local and Foreign Investment Establishments and Minimum Wage in West Java, 1 99 1 -2000 140 Figure 5 .8 Ratio of Minimum Wage to Average Wages in Large, Medium and Small Manufacturing Establishments, 1 993-2000 1 4 1 Figure 5 .9 Real and Dollar Values o f Minimum Wages i n Indonesia and Jakarta 1 42 Figure 5 . 1 0 Minimum Wage Setting Process according to the New Employment Law Number 1 3 , 2003 149 Figure 7 . 1 Proportion of Minimum Wages to Minimum Daily Needs in Selected Provinces 208 XIV LIST OF TEXT BOXES Box 5 . 1 The Minimum Subsistence Need (KHM) Box 7 . 1 Minimum Wage Calculation xv Page 146 2 1 6 LIST OF ABBREVIATIONS 2SLS - Two-stage least squares estimation method, also known as TSLS. AFT A - Asian Free Trade Area APINDO -Asosiasi Pengusaha Indonesia (Indonesian Employers Association) APEC - Asia Pacific Economic Cooperation ASEAN - Association of South-east Asian Nations Bappenas - Badan Perencanaan Pembangunan National (Indonesia's Development Planning Board) BGDC Method - Birth, growth, death and contraction of firms method to calculate net employment change BPS - Badan Pusat Statistik, I ndonesia's statistical agency. Also referred to as Statistics I ndonesia CAFTA - China and ASEAN Free Trade Area EJIP - East Jakarta Industrial Park EOI - Export Oriented I ndustrialisation FNPBI - Front Nasional PeIjuangan Buruh Indonesia FDI - Foreign Direct Investment FKTU - Federation of Korean Trade Unions FSP-LEM -Federasi Sekerikat Pekerja - Logam, Elektronik dan Mobil. Gasbiindo - Gabungan Serikat Buruh Industri Indonesia - Federation of I ndustrial Trade Unions of Indonesia GDP - Gross Domestic Product GDRP - Gross Domestic Regional Product GSBI - Gabungan Serikat Buruh I ndonesia GSP - Generalised system of Preferences HDI - Human Development I ndex ICFTU - International Confederation of Free Trade Unions IMF - I nternational Monetary Fund ILO - I nternational Labour Organisation IOE - International Organisation of Employers ISIC - International Standard Industrial Classification XVI IV - Instrumental Variables JABOTABEK - Jakarta, Bogor, Tangerang and Bekasi Regions JAMSOSTEK - Jaminan Sosial Tenaga Kerja - Workers' social security benefit KBN -Kawasan Berikat Nusantara (Bonded Industrial Zones) KEPMEN -Keputusan menteri Tenaga Kerja - Manpower Ministerial Decree KFM -Kebutuhan Fisik Minimum (Minimum Physical Need) KHM -Kebutuhan Hidup Minimum (Minimum Subsistence need) KSPI - Konfederasi Serikat Pekerja Indonesia (Confederation of Independent Workers Union of Indonesia) KSPSI -Konfederasi Serikat Pekerja Seluruh Indonesia MERCOSUR - Mercado Comun Del Sur (South American Free Trade Agreement) MM2000 - Bekasi Industrial Park MNC - Multi-national Corporations (also see TNC) NAFTA -North American Free Trade Area Nakertrans - Tenaga Kerja dan Transmigrasi (Manpower and transmigration) NGO - Non-governmental Organisation NIC -Newly Industrialised Countries OECD - Organisation of Economic Cooperation and Development OLS - Ordinary Least Squares estimation method PERMENAKER - Peraturan Menteri Tenaga Kerja - Manpower Minister ' s Regulation PIR - Pancasila Industrial Relations PJP - Pembangunan Jangka Panjang (Long Term Development) PPHI - Penyeleseian Perselisihan Hubungan Industrial (Industrial relations dispute resolution) REPELITA - Rencana Pembangunan Lima Tahun (Five Y ear Development Plan) Sakernas - Survei Tenaga Kerja Nasional- The National Labour Force Survey SBM - Serikat Buruh Merdeka (Freedom Workers Union of Indonesia) SBSI - Serikat Buruh Sejahtera Indonesia (All Indonesia Workers ' Welfare Union). SMERU - Smeru Research Institute SOBSl - Sentral Organisasi Buruh Seluruh Indonesia (All Indonesia Central Organization of Trade unions SPMI - Serikat Pekerja Metal Indonesia (Indonesian Metal Workers Union) XVll SPSI - Serikat Pekerja Seluruh Indonesian (All Indonesia Workers union). Currently known as KSPSI or Konfederasi Serikat Pekerja Seluruh Indonesia (Confederation of All Indonesia Workers Union) SPSI-Reformasi - Serikat Pekerja Seluruh Indonesia Reformasi (Refonned All Indonesia Workers Union) SPTSK - Serikat Pekerja Tekstil, Sandang dan Kulit (Textile, footwear and leather industrial workers' union) TGF - Textile, Garment and Footwear TNC - Trans-national Corporations, also known as Multi-national Finns (see MNC) UNDP -United Nations Development Programme US -United States of America VU - Undang-undang (law or legislation) WB - The World Bank WTO - World Trade Organisation. xv III