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Unpaid salary during 1-year contract (need advice)

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  • Unpaid salary during 1-year contract (need advice)

    [COLOR=#222222][FONT=Times]I'm turning to you guys for information; my case is '2 months unpaid salary'.

    The abstract:
    - I'm on a 1-year contract which is still valid until January 2012;
    - Company didn't pay salaries to anyone for the past two months (August & September);
    - Even my Visa fees weren't paid to the agent (who put his own money in it);
    - Most of the people are working here without contract or their contract wasn't extended (not because they were dismissed, but because they didn't care I guess).

    And the latest (and greatest) news:
    - Company gave a chopped-signed letter to everyone a week ago (which was backdated to a week before) that the office is 'temporarily closed';
    - That letter promises salaries to be paid by 31 October 2011.

    Sounds good, but this is not the first time such delay happens, so I like to be prepared for every scenario.

    So the questions are:
    1. What can we do to 'make sure' they keep the deadline?
    2. What to do if they fail to pay us?
    3. What are the procedures (and chances to win) to bring such case to court?
    4. Regarding the last one, if anyone knows a lawyer please let me know.

    Thanks guys for your help in advance.[/FONT][/COLOR]

  • #2
    I'm no expert but I'm in a similar situation. I strongly suggest you read UU No. 13 year 2003 about Labor (if you understand Indonesian) because it seems from what you've written that the company has violated certain clauses of it, such as:
    1) Non-payment of salary.
    2) Non-payment of visa fees. (which would also involve some immigration laws)

    For your co-workers, the thing about the lack of contracts may or may not be an issue. I don't know much about labor laws, especially for locals.

    Your questions, as best as I can answer, which is poorly:
    1) File a written complaint with the department of labor and transmigration (DisNaKerTrans, or DepNaKerTrans in Jakarta). I don't know if separate letters have to be filed for locals and foreigners - you should ask. Go with someone who can interpret for you.

    2) #1 will handle that. Mediation will be facilitated by that department.

    3) I don't know beyond getting a lawyer. Please keep in mind that corruption in the Indonesian courts is really bad, so the odds of a fair hearing aren't so good. (note the case of Prita vs. Omni Hospital, which isn't about labor but about malpractice and libel)

    4) You might try going to a state university and seeking out the LBH (Lembaga Badan Hukum I think) - university professors have to give community service, so they offer free legal help. They may not speak English, though. They may or may not be good at what they do, too.

    I hope someone more knowledgable can give you better advise.

    Glenn
    I'm not arrogant or a know-it-all - I'm over-eager to help & not very good at writing humbly. Verify my answers!

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