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Legal Paradox with my KITAS

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  • Legal Paradox with my KITAS

    I currently work for an Organization in Jakarta, it is owned by stakeholders but run by an International franchise.

    There is a current dispute between the owners/stakeholders and the franchise, that has led to the severing of ties between both parties.

    This has led to both parties claiming they own us; the expatriate employees.........

    The owners/stakeholders pay our salaries and have paid for our KITAS, but the franchise claim we are contracted under them.

    The Owners are also in the process of re-hiring some staff on their own contracts, when the franchise have said they will honor our contracts, but legally penalize if anyone works for the owners/stakeholders.

    The situation is coming to a head shortly, and I really would like to know:

    1): Who is legally our sponsor?

    2): If we are contracted to the sponsor, can they legally penalize us, as there is a two-year non-competitive clause on our contracts; stating we are not allowed to work for a similar business in Indonesia, once we have left the franchise.

    3): If the Franchise pull us out of the Owners building, are they legally obliged to honor our contracts?.

    This situation is becoming unbearable, and all we have been told is that lawyers are dealing with the situation. However, given the animosity between both parties, the situation may get worse.

    Any advice?

    A very confused Expat........

  • #2
    Originally posted by indosean View Post
    1): Who is legally our sponsor?
    A look at your KITAS should answer to the question. The name of the sponsor should appear on it. They are the one who applied for the IMTA and therefore they are the one who has a valid working permit for an expat and a position.

    For the rest, I am afraid that it is beyond my knowledge.

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    • #3
      Originally posted by indosean View Post
      The owners/stakeholders pay our salaries and have paid for our KITAS, but the franchise claim we are contracted under them. ..
      Should be pretty straight.
      I assume you have, or can get, a copy of the contract. Whatever name is on it is who you are contracted to. If you don't have a copy ask both groups to give you a copy. One of them will be able and/or wish to to, the other not.

      Other than that, hope things work out for you.

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