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Can employer hold Passport of its employee?

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  • Can employer hold Passport of its employee?

    Hi Friends,

    What can be done if Passport is being confiscated by employer in Indonesia & not paying pending dues and not arranging Exit Permit Order (EPO).

    To which authority we can complaint?

    Pls guide.

    Thanks


  • #2
    I will check further but just now it seems that it is illegal for the employer to keep your passport without your agreement .

    But to complain about an illegality you must be in legal situation , so , do you have a Work KITAS ?

    Comment


    • #3
      @ Marcus, Yes i have a valid Kitas.
      Passport is illegally held by the employer along with 4 month pending salary.
      The employer have political connections. So am not sure which is the right platform to register my complaint.

      Comment


      • #4
        I didn't find anything specifically related to the passport in Laws/Regulations .

        I suppose if you consider a passport as just an object , it seems clear that it is not right for a person who is not the owner of this object to hold it against the will of the object's owner .
        Usually the owner of a passport is the government that issued it . So maybe you need to talk to your Embassy first .

        Better be careful on the way you deal with this whole problem . I think that taking a confrontational approach may not be the best thing to do .

        Others that you could talk to are :
        - your local Manpower office , and
        - your local Kantor Imigrasi


        -----------------------------------------------

        Work Law (UU no.13 Tahun 2003)
        .......
        Article 136
        (1) The entrepreneur and the worker/ labourer or the trade/ labour union are under an obligation to make efforts to settle any industrial relations dispute they have through deliberations aimed at reaching a consensus [a win-win solution].
        (2) If the deliberations as referred to under subsection (1) fail to reach a consensus, then the entrepreneur and the worker/ labourer or the trade/ labour union shall have the industrial relations dispute settled through procedures for the settlement of industrial relations disputes that are determined and specified by legislation.
        .......
        Chapter XII
        Termination of Employment
        .......
        Article 156
        (1) Should termination of employment take place, the entrepreneur is obliged to pay the dismissed worker severance pay and or a sum of money as a reward for service rendered during his or her term of employment [reward-for-years-of-service pay] and compensation pay for rights or entitlements that the dismissed worker/ labourer has not utilized.
        .......
        Article 158
        (1) An entrepreneur may terminate the employment of a worker/ labourer because the worker/ labourer has committed the following grave wrongdoings:
        a. The worker/ labourer has stolen or smuggled goods and/or money that belong to the enterprise or obtained them by means of deceits;
        b. The worker/ labourer has given false or falsified information that causes the enterprise to incur losses;
        c. The worker/ labourer has got drunk, drunken intoxicating alcoholic drinks, consumed and or distributed narcotics, psychotropic substances and other addictive substances in the working environment;
        d. The worker/ labourer has been committed immorality/ indecency or gambled in the working environment;
        e. The worker/ labourer has attacked, battered, threatened, or intimidated his or her co-workers or the entrepreneur in the working environment.
        f. The worker/ labourer has persuaded his or her co-workers or the entrepreneur to do something that runs against laws and regulations.
        g. The worker/ labourer has either carelessly or intentionally destroyed or let the property of the entrepreneur exposed to danger, which caused the enterprise to incur losses;
        h. The worker/ labourer has either intentionally or carelessly let his or her co-workers or the entrepreneur exposed to danger in the workplace;
        i. The worker/ labourer has unveiled or leaked the enterprise’s secrets, which he or she is supposed
        to keep secret unless otherwise required by the State; or
        j. The worker/ labourer has committed other wrongdoings within the working environment, which call for imprisonment for 5 (five) years or more.
        (2) [Accusations of committing] the grave wrongdoings as referred to under subsection (1) must be supported with the following evidence:
        a. The worker/ labourer is caught red-handed;
        b. The worker/ labourer admits that he/she has committed a wrongdoing; or
        c. Other evidence in the form of reports of events made by the authorities at the enterprises and confirmed by no less than 2 (two) witnesses.
        (3) Workers/ labourers whose employment is terminated because of reasons as referred to under subsection (1) may receive compensation pay for entitlements left unused as referred to under subsection (4) of Article 156.
        .......
        Article 169
        (1) A worker/ labourer may make an official request to the Institute for the Settlement of Industrial Relation Disputes to terminate his/her employment relationship with his/ her entrepreneur if:
        a. The entrepreneur has battered, rudely humiliated or intimidated the worker/ labourer;
        b. The entrepreneur has persuaded and/or ordered the worker/ labourer to commit acts that run against statutory laws and regulations; or
        c. The entrepreneur has not paid wages at a prescribed time for three months consecutively or more;
        d. The entrepreneur has not performed obligations promised to workers/ labourers;
        e. The entrepreneur orders the worker/ labourer to perform work outside of that which has been agreed upon by the worker/ labourer to undertake;
        f. The entrepreneur has ordered the worker/ labourer to carry out work that puts the worker/labourer’s life, safety, health and or morality in jeopardy, of which the worker/ labourer is not made aware or informed at the time the worker/ labourer’s employment agreement was made.
        Last edited by marcus; 2 weeks ago.

        Comment


        • #5
          Thanks Marcus, good to see helping hands like you who care for other people.

          From your input: Law is favoring me under the Indonesian work laws.

          Going to police may lead to severe repercussions, I do not want to make a dispute with employer and wished the things to be sorted amicably.
          As my passport is being confiscated so duly informed the embassy as well, they started followup but in a soft manner.
          Lets see the outcome.

          Thanks again for the options.
          Regards

          Comment

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