Trimegah Bangun Persada

Labor Related Human Rights Due Diligence

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PT Trimegah Bangun Persada's dedication to upholding human rights is articulated in its Human Rights Policy. This policy provides a foundation for TBP to address human rights risks by implementing proactive measures to mitigate potential adverse impacts resulting from its operations and business relationships. Among the human rights risks and impacts proactively prevented are forced or compulsory labor, child labor, human trafficking, unfair occupational health and safety practices, discrimination, violence and intimidation, union suppression, unsafe working environments, and sexual harassment.

The TBP’s Human Rights Policy includes a statement about respecting human rights by international human rights instruments including UNGP Principles 12 namely: 

  • Universal Declaration of Human Rights
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social, and Cultural Rights
  • Eight ILO Core Conventions

The HRDD addresses various human rights issues, but this article specifically centers on labor rights.

The HRDD scope related to labor rights included the following areas:  

1. Abolition of forced labor 

The International Labor Organization (ILO) outlines 11 indicators that define forced labor (ILO Indicators of Forced Labour, 2012), comprising : 

  • Abuse of vulnerability
  • Deception
  • Restriction of movement
  • Isolation
  • Physical and sexual violence
  • Intimidation and threats
  • Retention of identity documents
  • Withholding of wages
  • Debt bondage
  • Abusive working and living conditions
  • Excessive overtime 

The Human Rights Due Diligence related to forced labor is conducted by assessing the practice within the Company against the above indicators.

HRDD Findings on Good Practice in Managing the Risk of Forced Labor

The documents review and interviews with employees and contractors’ workers show that there is no forced labor associated with the mine. The commitment to abolishing forced labor is reflected in the Company’s Draft of Human Rights Policy, Group Sustainability Policy, and Internal Memo on Human Rights Policy Commitment. The Company has implemented its commitment through the following measures: 

  • Providing written and understandable employment contracts detailing wages, duration of the work, working and rest time, benefits as well as terms and conditions of the employment.
  • Prohibiting retention of identity documents or other valuable personal possessions.
  • Prohibiting the use of threats of physical punishment, harassment, and intimidation against the employees or his/her family with the aim of coercion or disciplinary measures.
  • Applying working hours as prescribed by national law. In addition, employees have a roster working arrangement (e.g. nine weeks working and two weeks off) and have the right to leave as mandated by national legislation. Employees may also take special leave for special circumstances (30 days).
  • Ensuring the contractors and subcontractors provide employment contracts to their workers.
  • Paying the employees that meet or exceed the applicable regulations or living wage.
  • Prohibiting compulsory overtime. Based on interviews with workers, every non-staff worker /crew who is required to work overtime must fill out a consent form in advance. Moreover, workers unwilling to work overtime due to specific reasons and circumstances may refuse overtime work requests.
2. Abolition of child labor

Child labor remains prevalent in the mining industry, particularly in gold, tin, and sand mining operations. Additionally, it persists within the construction sector. Although children might not be directly employed as construction workers, they might engage in ancillary roles, such as cleaning tasks at worker accommodation sites (Bureau of International Labor Affairs, 2022; Hidron, C. and Koepke, R., 2014). 

HRDD Findings on Good Practice in Managing the Risk of Child Labor

The Company has demonstrated its commitment to the elimination of child labor as reflected in the Company’s Draft of the Human Rights Policy, Group Sustainability Policy, Company Regulations, and SOP Recruitment. The Company sets a minimum age limit of 18 years for recruitment, except for dump truck operators, who must be a minimum of 21 years old.

The Company provides training on policy and procedures related to the abolition of forced labor and abolition of child labor to the employees including employees of contractors.

3. Freedom of association

TBP does not have labor unions, as an alternative, the company has established Lembaga Kerja Sama/LKS (Cooperation Organization) Bipartite. The establishment and function of LKS is also stipulated in the company regulation. 

HRDD findings on Good Practice in Freedom of Association 

The Company upholds the freedom of association, as outlined in both the Company’s Draft of Human Rights Policy, Group Sustainability Policy and in compliance with the ILO convention ensuring the rights to establish association. The Company allows employees to create an alternative mechanism, known as Lembaga Kerja Sama/LKS (Cooperation Organization) Bipartite, to voice grievances and safeguard their rights.

In addition to findings on the good practices on compliance with human rights principles related to labor, the due diligence identifies salient human rights issues and provides mitigation recommendations, as outlined in the following table.  

The HRDD identified the following Salient Human Rights Issues and Mitigation Recommendations:

Salient Human Rights Issues Identified Risks and Impact Recommendation Identified Area Objectives
Abolition of Forced Labor Absence of internal regulations governing overtime in one construction contractor. Use leverage and engage with contractors to ensure their workers’ rights are fulfilled TBP and other business units Risks to forced labor and non-compliance to labor regulations in both the company’s operation and supply chain are well mitigated. 
Conduct supply chain human rights assessment.  TBP and other business units 
Develop internal regulations governing overtime. The construction contractor
Excessive voluntary overtime work of food handling workers on HPAL site operation. Staffing needs reassessment.
Food supply workflow reassessment.  HPL
Pay slips are only provided by request by one construction contractor. Use leverage and engage with contractors to ensure their workers’ rights are fulfilled.
TBP and other business units 
Conduct supply chain human rights assessment TBP and other business units
Provide automatic electronic pay slips to the workers. The construction contractor
Freedom of Association Lack of a formal and clear governance body in LKS Bipartite and a lack of awareness of its existence among employees. Formalize LKS bipartite and conduct awareness raising. TBP and other business units  All employees are informed, and free to join and participate in the LKS Bipartite. 


Bureau of International Labor Affairs. (2022). Findings on the Worst Forms of Child Labor—Indonesia.

Hidron, C. and Koepke, R. (2014). Addressing Forced Labor in Artisanal and Small-scale Mining (ASM). Alliance for Responsible Mining.

ILO indicators of Forced Labour. (2012, October 1). ILO indicators of Forced Labour [Brochure].

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