In collaboration with the ILO, the Supreme Court’s Judicial Training Institute is currently revising its training programme for judges of the industrial relations court. To support the development of this, the ILO is currently performing a training needs assessment. To date, this assessment has involved a desk study of relevant data and materials and interviews with judges and stakeholders of the court. This two-day workshop will provide further input to the assessment by facilitating discussion and knowledge sharing on the usefulness of international labour standards to address challenges experienced in resolving labour disputes.
The main objective of the workshop is to support the overall training needs assessment for curriculum development by piloting training modules and methodologies with judges serving in the industrial relations court. The pilot workshop shall:
- explore the usefulness of selected international labour standards in resolving labour disputes in Indonesia;
- facilitate discussion and knowledge sharing among judges on some of the challenges in resolving disputes in the areas of employment contracts, wage payments and discrimination;
- test the effectiveness of participatory learning methods with judges.
At the end of this workshop, participants will:
- have knowledge of key instruments and supervisory machinery of the international labour standards system and a broad understanding of when and how judges can use international labour law to resolve labour disputes; and
- be able to identify and make use of ILS in key areas: determination of the existence of employment relationships, non-discrimination in employment and occupation and the protection of wages.
The workshop is structured around the following main components:
- general presentation of the ILS system: main characteristics of ILO standards, ILS procedures from international elaboration to national application;
- ways of incorporating international law into national case law: when and how domestic judges and lawyers can use international labour law;
- the added value of ILS in the field of non-discrimination in employment and occupation, determination of employment relationships and protection of wages.
- discussion of current practices in resolving labour disputes in the IRC in relation to the determination of employment contracts, discrimination and wage payments in Indonesia.
The workshop shall involve a total of 15 participants from the Supreme Court and from at least 5 Industrial Relations Courts (eg, South Sulawesi, Riau Islands, East Java, West Java, Jakarta). Both career and ad hoc judges shall participate.
The training methods used in the workshop aim to take advantage of the participants’ high-level skills and experience. Therefore, significant time will be devoted to case law studies and group discussions.