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Tunjangan Hari Raya - A must ???

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  • #16
    [COLOR=#222222]Atlantis, could one convert a month before each religion's holiday, to the corresponding religion, and thus collect all four bonuses? [/COLOR]

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    • #17
      Originally posted by vanuatu View Post
      [COLOR=#222222]Atlantis, could one convert a month before each religion's holiday, to the corresponding religion, and thus collect all four bonuses? [/COLOR]
      Hahaha... Unfortunately not.

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      • #18
        Hey all. Ok to continue this thread ( which i hope will be of help to all reading in the future) . I asked for a meeting today with our school centre manager ( who also acts as H.R manager) and i recieved a text message this morning from her saying she was on leave but would like to clear up this matter on text message. In answering my questions as to why we ( the native teaching staff) do not recieve T.H.R she answered we DO recieve it but as the completion of contract bonus of ONE months salary( as named on our contracts) and therefore we DO NOT recieve the T.H.R bonus that Local ( Indonesian school staff ) recieve.
        She also referred to this bonus as the 13TH month salary ( although our contracts DO NOT state our bonus in this name) ... Ok guys help again please.

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        • #19
          Your school center manager may be correct. The THR is also reffered to as the 13th month bonus by chinese indonesians as this is the common name for it in China. Although the Peraturan Menteri Tenaga Kerja RI nomor PER-04/MEN/1994 tentang tunjangan hari raya keagamaan bagi pekerja diperusahaan does state that it has to be paid at the latest 7 days before the Keagamaan Public Holiday not at the end of a contract. I was once offered the option to have my THR split in to 12 monthly payments which was ok for me since I still received it.

          Now there is this in Pasal 4..

          (1) Pemberian THR sebagaimana dimaksud pasal 2 ayat (2) disesuaikan dengan Hari Raya Keagamaan, masing-masing pekerja kecuali kesepakatan pengusaha dan pekerja menentukan lain. ( [COLOR=#FF0000]except the businessman's agreement and other workers. [/COLOR]) Your employer can say that since you agreed to a bonus in your contract then it takes the place of the THR.

          Although my opinion is that since it is stated in your contract you receive a completion bonus than this is not in any way connected with or replaces the THR, but you will have to decide if it is worth a big dispute with your employer. I will tell you that if taken to the Manpower Dept. they also might interprete your contract bonus in the same way as your employer.

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          • #20
            @Jave, Many thanks again. I understand about the turning this into a big dispute may well not be worth it. I guess maybe this time they have won and we treat it as a learning experiance. At the least anyone reading this will be better armed when signing a contract with a company such as English First they will have the knowledge of what to make sure goes into their contract and in fact even deal with such a snidy corrupt bunch of ******* . E.F this is my second and LAST contract with yourselves.

            Thanks to those who contributed on this matter.

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            • #21
              Dazzer,
              Their 13th month explanation is crap. They owe you THR which shouldn't be replaced by a "terminaison bonus".

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              • #22
                Originally posted by atlantis View Post
                Dazzer,
                Their 13th month explanation is crap. They owe you THR which shouldn't be replaced by a "terminaison bonus".
                I know that, you know that, And they definatley know that. But as Jave pointed out is it worth the big fight over it? As a matter of principle now i think it is but i don't know what to do. I have 9 months left on my current contract and can't afford to lose that just yet ( and i'm sure they could find some reason if i pissed them off enough over this) So i'm at a loss what to do.....

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                • #23
                  Ya you are right Atlantis, although I have heard more than once (by local Indonesians) the THR being referred to as the 13th month bonus. But like I said in my previous post a contract completion bonus and THR are 2 diffrent animals, but how far would someone be willing to take this issue?

                  @Dazzer, I am not an education proffesional I am in the aviation industry (no not a pilot) so I have no experiance with the teaching contracts here but I have read more than once that EF is a shady outfit and most will not work for them so the best advice I can offer is to look for a better position with a more reputable school.

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                  • #24
                    bonus is not the same with THR......be assured of it...

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                    • #25
                      Originally posted by jave2001 View Post
                      I have heard more than once (by local Indonesians) the THR being referred to as the 13th month bonus.
                      If one calls it "13th month" it's wrong and misleading. I've called it "crap". None of them are the correct legal appellation. What stands at the end is the LEGAL appelation.

                      What dasser is paid is NOT a 13th month anyway, but a termination bonus/severance pay (uang pesangon) which is mandatory by law and paid to any worker when a contract ends. Article 156 of the Manpower Act stipulates:

                      1. Dalam hal terjadi pemutusan hubungan kerja, pengusaha diwajibkan membayar uang pesangon dan atau uang penghargaan masa kerja dan uang penggantian hak yang seharusnya diterima.


                      2. Perhitungan uang pesangon sebagaimana dimaksud pada ayat (1) paling sedikit sebagai berikut :
                      a. masa kerja kurang dari 1 (satu) tahun, 1 (satu) bulan upah;
                      b. masa kerja 1 (satu) tahun atau lebih tetapi kurang dari 2 (dua) tahun, 2 (dua) bulan upah;
                      c. masa kerja 2 (dua) tahun atau lebih tetapi kurang dari 3 (tiga) tahun , 3 (tiga) bulan upah;
                      d. masa kerja 3 (tiga) tahun atau lebih tetapi kurang dari 4 (empat) tahun, 4 (empat) bulan upah;
                      e. masa kerja 4 (empat) tahun atau lebih tetapi kurang dari 5 (lima) tahun, 5 (lima) bulan upah;
                      f. masa kerja 5 (lima) tahun atau lebih tetapi kurang dari 6 (enam) tahun, 6 (enam) bulan upah;
                      g. masa kerja 6 (enam) tahun atau lebih tetapi kurang dari 7 (tujuh) tahun, 7 (tujuh) bulan upah;
                      h. masa kerja 7 (tujuh) tahun atau lebih tetapi kurang dari 8 (delapan) tahun, 8 (delapan) bulan upah;
                      i. masa kerja 8 (delapan) tahun atau lebih, 9 (sembilan) bulan upah.

                      3. Perhitungan uang penghargaan masa kerja sebagaimana dimaksud pada ayat (1) ditetapkan sebagai berikut :
                      a. masa kerja 3 (tiga) tahun atau lebih tetapi kurang dari 6 (enam) tahun, 2 (dua) bulan upah;
                      b. masa kerja 6 (enam) tahun atau lebih tetapi kurang dari 9 (sembilan) tahun, 3 (tiga) bulan upah;
                      c. masa kerja 9 (sembilan) tahun atau lebih tetapi kurang dari 12 (dua belas) tahun, 4 (empat) bulan upah;
                      d. masa kerja 12 (dua belas) tahun atau lebih tetapi kurang dari 15 (lima belas) tahun, 5 (lima) bulan upah;
                      e. masa kerja 15 (lima belas) tahun atau lebih tetapi kurang dari 18 (delapan belas) tahun, 6 (enam) bulan upah;
                      f. masa kerja 18 (delapan belas) tahun atau lebih tetapi kurang dari 21 (dua puluh satu) tahun, 7 (tujuh) bulan upah;
                      g. masa kerja 21 (dua puluh satu) tahun atau lebih tetapi kurang dari 24 (dua puluh empat) tahun, 8 (delapan) bulan upah;
                      h. masa kerja 24 (dua puluh empat) tahun atau lebih, 10 (sepuluh) bulan upah;

                      4. Uang penggantian hak yang seharusnya diterima sebagaimana dimaksud pada ayat (1) meliputi :
                      a. Cuti tahunan yang belum diambil dan belum gugur;
                      b. biaya atau ongkos pulang untuk pekerja/buruh dan keluarganya ke tempat dimana pekerja/buruh diterima bekerja;
                      c. penggantian perumahan serta pengobatan dan perawatan ditetapkan 15% (lima belas perseratus) dari uang pesangon dan atau uang penghargaan masa kerja bagi yang memenuhi syarat;
                      d. hal-hal lain yang ditetapkan dalam perjanjian kerja, peraturan perusanaan atau perjanjian kerja bersama.

                      5. Perubahan perhitungan uang pesangon, perhitungan uang penghargaan masa kerja, dan uang penggantian hak sebagaimana dimaksud pada ayat (2), ayat (3), dan ayat (4) ditetapkan dengan Peraturan Pemerintah.



                      The paragraph 1 means: "(1) In the case a termination of employment takes place, the employer is obliged to pay (to the employee) severance pay and/or a sum of money as a reward for his/her services during his/her term of employment and compensation pay for rights or entitlements."

                      The argument that "local hire does not get terminaison bonus" is a crap and legally wrong. They must receive a terminaison bonus AND they receive THR. The THR is a religion based bonus and has nothing to do with a terminaison bonus. The only common point on between both bonus is that... both are due.

                      @Dasser: don't give up. The HR manager is feeding you pork pies. Show them the article 156 (especially if you don't want to sign a 3rd contract with them) and tell them that you eventually consider to contact nakertrans. It may have them re-think their position. You can eventually negociate if you don't want to have them losing face. You can tell them for example that, though the law stipulates that you have two years to claim unpaid wages/benefits (quote them the article/pasal 96 UU 13/2003 tentang ketenagakerjaan: "Tuntutan pembayaran upah pekerja/buruh dan segala pembayaran yang timbul dari hubungan kerja menjadi kadaluarsa setelah melampaui jangka waktu 2 (dua) tahun sejak timbulnya hak.), you are ready to let them your last year THR but that you do not agree for this year's THR. They may realise that it could cost them much more than expected and accept your win/win proposal.


                      Be aware though that once you would have mentionned the magic word "nakertrans" it may terminate the "good relation" with them. Anyway, I don't think that anyone should bow to an employer who does not respect its obligations. If they can't pay their employees as per the minimum stated by law, they should not be authorized to operate. Google Undang Undang nomor 13 tahun 2003 tentang ketenagakerjaan, print it and highlight all the articles I quoted. Google also the reference for the specific THR regulation (I gave the exact reference in one of my earlier posts) and print it.

                      Personally, if I would be in your case, I would claim both this year and last year THR. I have little doubt that I would get it.

                      Be aware that in Indonesia workers are heavily protected. You can't fire an employee who has a contract that easily, and even if an employer suspends an employee, salaries and benefits are still due. Nakertrans and his power of coercion is well known by any employer.

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                      • #26
                        Atlantis no one is arguing the point, but civil servants do get a 13th month bonus in replacement of THR, I know this does not apply to the OP. The labor law here is ignored more often than not by most companies here and it will be some time before this is corrected.

                        [SIZE=5]Ministry Warns Companies to Pay Lebaran Bonuses on Time
                        [/SIZE][COLOR=#808080][SIZE=2]Dessy Sagita | August 07, 2011[/SIZE][/COLOR]

                        The Manpower and Transmigration Ministry said on Sunday that it had warned companies about paying this year’s Lebaran bonus on time, and invited the public to report those that failed to comply.

                        “We have sent out circulars stating that the bonus must be paid before the holiday, and I hope companies will not violate the regulation,” said Minister Muhaimin Iskandar, according to state news agency Antara.

                        Suhartono, a ministry spokesman, said the circular reminded employers that they were required to pay the bonus at least a week before Idul Fitri, which falls on Aug. 30 and 31 this year.

                        A 1994 ministerial decree on holiday bonuses states that employees who have been with a company for at least a year are entitled to receive a bonus equivalent to one month’s salary. Those who have been with a company for more than three months but less than a year are entitled to a pro-rated bonus based on their length of employment.

                        A 1969 law also states that if a company fails to pay holiday bonuses it can be fined Rp 100,000 ($12) and its owners detained for up to three months.

                        “We have notified our offices across the country to monitor how the bonuses are given out, to make sure that every company complies with the regulation and that all employees receive what is rightfully theirs,” Suhartono said.

                        According to the ministry, employees who fail to receive their bonus on time can file a complaint against their employers.

                        Muhaimin said companies experiencing financial difficulties could also plead their case to the ministry and be given dispensation to postpone the bonus.

                        But Suhartono clarified that there must be a clear agreement between the company and its workers on when the bonus would be paid.

                        “And if any companies still refuse to fulfill their obligations even after discussions with their workers, we will bring them to court,” he said.

                        [COLOR=#FFFF00][/COLOR]The Ramadan bonus regulation does not apply to civil servants who receive a 13th month salary annually.
                        [COLOR=#FFFF00]
                        [/COLOR]Sulistri, from the Confederation of Indonesian Labor Unions (KSBSI), said that despite the ministerial decree, many workers would not receive a Ramadan bonus because they were not permanent employees.

                        “These people’s contracts are only for three to six months, and they were intentionally designed to end before Idul Fitri so the companies wouldn’t have to pay the Ramadan bonus,” she said.

                        Sulistri said the 2003 Labor Law stated that a worker’s contract should last for at least 12 months. However, she said, a lack of government monitoring meant companies could ignore the regulation with little fear of being caught.

                        She also said the Ramadan or any other holiday bonus should be paid at least two weeks before the holiday, not a week, as instructed by the ministry.

                        “A week before Idul Fitri, or any other holiday, prices have already soared. Many people won’t be able to afford tickets to their hometown a week before the holiday,” she said.

                        The government needs to hire competent staff to monitor companies and ensure they comply with all employment regulations, including those dealing with holiday bonuses, she said.

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                        • #27
                          Hey all, @ Atlantis just showed my D.O.S ( director of studies ) who although in agreement with what you wrote has subtly mentioned to me make sure all is legal with my contract and visas's before paying a visit with my contract to Nakertrans which i mentioned i would do on Monday...
                          A threat?? Maybe,as i mentioned this is my second contract with this company. My first i recieved a physical work visa from a trip to Singapore. When my contract was re-newed i went to Immigrasi for Photos and fingerprints and recieved my new Kitas but i NEVER went ( nor did my passport) to Jakarta or Singapore to get a new working visa... So now i question do i have one?? Am i working on a KITAS and no visa? Illegally??

                          This gets more intersting huh? Help again please

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                          • #28
                            Originally posted by dazzer View Post
                            When my contract was re-newed i went to Immigrasi for Photos and fingerprints and recieved my new Kitas but i NEVER went ( nor did my passport) to Jakarta or Singapore to get a new working visa... So now i question do i have one?? Am i working on a KITAS and no visa? Illegally??
                            Nothing weird here. You've extended your residency permit with the same sponsor and therefore you do not need to do a visa run. As long as you have a contract, and that your contract stipulates the same activity than what you are doing (ie teaching) you are OK. What does your KITAS stipulates? Is the sponsor noted your real employer (the same than the one in the contract)? Is the work noted noted conform to your contract?
                            If the answers are yes, then you can go without fear to nakertrans.

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                            • #29
                              Thanks for that quick response. All seems as you suggest it should on my Kitas so Monday morning i'll pay a visit to Nakertrans.. And will continue this thread on Monday for any responses.

                              Thanks...D

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                              • #30
                                By all means, do not let your employer intimidate you. THEY are on the wrong end of the stick here and there are NO reason for them not to pay. It is an easy case to argue. You may have to need a bit of patience with nakertrans. Remember that this is bulan puasa people do not want to work more than necessary. Rather than going to nakertrans on Monday, go there the Agustus 24th. the law stipulates that your employer should pay THR at the latest 7 days before lebaran (since you are muslim). Lebaran being this year on Agustus 30th, if you go there on the 24th, they are already late and Nakertrans can act. If you go there on Monday, they may be tempted to ask you to come back after the 23rd.
                                Also, with nakertrans insist on the fact that you are muslim and that you need this money to prepare the upcoming lebaran. play on the sensitive note.

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