Answer:
From the legal perspective, the Employer must consult the organisation representing employees at the grassroots level in the case of the workplaces that have such organisations of which Employee is a member when building a labour usage plan if the restructuring affects the employment of 02 or more Employees. However, the Employer is only obliged to consult the organisation representing employees at the grassroots level in the case of the workplaces that have such organisations of which the Employees are members instead of being obliged to get their approval. Nevertheless, unfavourable opinions from the organisation representing employees at the grassroots level might lengthen the termination process and create the basis for the Employees to complain or oppose the restructuring of the enterprise.
Therefore, in order to get cooperation and favourable opinions from the organisation representing employees at the grassroots level, people in charge of the restructuring should give attention to the following issues:
- It is advisable to invite the organisation representing employees at the grassroots level to participate from the first step and throughout the process of retrenchment due to restructuring. Specifically, right from the planning step,the Employer shall consider inviting the representative organisation of employees at the grassroots level to give opinions,; and
- Invite outside professional lawyers to explain and advise the representative organisation of the employees at the grassroots level at the Grassroots Levels on the legality of the restructuring, so every member of the representative organisation of the employees at the grassroots level can thoroughly understand this issue, which will then be explained to the Employees if necessary.
