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Albert
24-06-13, 10:26
I'm working for an international company in Jakarta on a 2 year contract with a 1 year Kitas.
After 4 months into the job I was asked to leave. This happened last Friday.

Since my contract is for 2 years and my Kitas for 1 year I read that I'm entitled to a full payment for the period of the contract, or at least the Kitas.

The company did a verbal resignation and gave me 3 months notice. According to them that is the best they can do, all they are prepared to do.
I beg to differ.

Could anyone shed some light on this because due to new laws active January this year (2013) expats do have more rights in a situation like this, I was told.

Thanks in advance.

jstar
24-06-13, 10:34
Sorry to hear that Albert. The information we obviously don't have, is in you written contract. I can not imagine them writing one without a cancellation clause. What does that say?

Albert
24-06-13, 11:00
It states that I can't claim any compensation beyond the resignation period in case of serious misconduct. Which is not the case.

Under "Termination of Employment" there is an article stating:

"The parties agree to waiver any regulation (including Article 1266 of Indonesian Civil Code), including labor dispute court to the extent that it requires court involvement as condition for the termination of the employment based on this Agreement."

I believe this is intended to keep things out of court in order to reach a settlement.

Jaime C
24-06-13, 11:14
I always thought resignation is when YOU quit. When they do it, it's called termination, firing, laying off, etc.

Albert
24-06-13, 12:41
I always thought resignation is when YOU quit. When they do it, it's called termination, firing, laying off, etc.


English is not my first language. Yes, my contract has been terminated.

jim69
24-06-13, 13:50
THis happened to me 2.5 years ago.

I checked the law and from my understanding they have to pay the full contract value. but certainly up to the end of the first year.

In practice it wont happen. Have they requested the KITAS back? Also your passport, to issue EPO. If so your in a difficult position. If not you have a chance to fight.

They should pay full contract value, so if it includes flight to your home country, car house etc they should also pay this.

Just try to fight.

Albert
24-06-13, 14:13
THis happened to me 2.5 years ago.

I checked the law and from my understanding they have to pay the full contract value. but certainly up to the end of the first year.

In practice it wont happen. Have they requested the KITAS back? Also your passport, to issue EPO. If so your in a difficult position. If not you have a chance to fight.




Thank you for this info. I do have my passport and Kitas and will not hand over anything. So far I have not received an official termination letter.

The company has informed me that I have to do my job until the notice period is over and that they will frustrate the case until I'm out of funds in case I make a stance on the compensation.

Albert
24-06-13, 14:16
Sorry to hear that Albert. The information we obviously don't have, is in you written contract. I can not imagine them writing one without a cancellation clause. What does that say?

It states that I can't claim any compensation beyond the resignation period in case of serious misconduct. Which is not the case.

Under "Termination of Employment" there is an article stating:

"The parties agree to waiver any regulation (including Article 1266 of Indonesian Civil Code), including labor dispute court to the extent that it requires court involvement as condition for the termination of the employment based on this Agreement."

I believe this is intended to keep things out of court in order to reach a settlement.

jim69
24-06-13, 14:18
You may well be able to find a good lawyer who will work for a % of what he can get for you. Worth looking around.