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  • Company has gone bankrupt .

    Hi all , My name is Stephan I have been living in Indonesia for 12 years now .

    I am working for this English course here in Pekanbaru , they have gone bankrupt.

    Does anyone know the UU "law" for getting fired while having a contract up until August ?
    They are trying to ship me off with only my last salary and I don't think that's the way that it should go .
    in the contract it clearly states that I agree to abide by all state and local laws in Indonesia , and that the Employer is responsible for all visa and immigration issues. and that visa after 4 months is still not in progress.

    what are my rights ?

    Thanks

    Stephan Rosenmuller

    Ps if anyone knows of a job where they need a expat , teaching , resort , or anything that makes money please let me know .
    A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

  • #2
    I would have thought that 'getting fired' is not the correct terminology when you lose your job due to your employer going bankrupt. I assume that the 'English course' is no more?
    "[COLOR=#000000][FONT=Helvetica Neue]I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it.[/FONT][/COLOR]"
    George Bernard Shaw

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    • #3
      they will finish their classes for the next few months and then close down . the company has gone bankrupt , the owner of the place is not bankrupt ..
      A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

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      • #4
        Originally posted by Si Bule View Post
        Does anyone know the UU "law" for getting fired while having a contract up until August ?
        Undang Undang nomor 13 tahun 2003 tentang Ketenagakerjaan

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        • #5
          I found this

          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 and compensation pay for rights or entitlements.
          The calculation of severance pay as mentioned under subsection (1) shall at least be as follows:
          a.1 (one)-month wages for years of employment less than1 (one) year;
          b.2 (two)-month wages for years of employment up to 1(one) year or more but less than 2 (two) years;
          The calculation of the sum of money paid as reward for service rendered during the worker/ laborer’s term of
          The compensation pay that the dismissed worker/ laborer ought to have as mentioned under subsection
          (1) shall include: a. Annual leaves that have not expired and not have taken;
          b .Costs or expenses for transporting the worker/ laborer and his or her family back to the point of hire;
          c .Compensation for housing allowance, medical and health care allowance is determined at 15% (fifteen percent) of the severance pay and or reward for years of service pay for those who are eligible;
          d. Other compensations that are stipulated under the work agreement, company regulations or collective labor agreements.
          (4)Changes concerning the calculation of the severance pay, the sum of money paid as reward for service during term of employment and the compensation pay that the worker/ laborer ought to have as mentioned under subsection
          (2), subsection
          (3), and subsection
          (4) shall be regulated with a Government Regulation.

          ARTICLE 165
          The entrepreneur may terminate the employment of the enterprise’s workers/laborer because the enterprise goes bankrupt. The workers/laborer’s shall be entitled to severance pay amounting to 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156, reward pay for period of employment amounting to 1 (one) time the amount stipulated under subsection (3) of Article 156 and compensation pay for entitlements according to subsection(4) of Article 156
          A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

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          • #6
            Originally posted by Si Bule View Post
            they will finish their classes for the next few months and then close down . the company has gone bankrupt , the owner of the place is not bankrupt ..
            Were you working legally?

            Edit: Sorry; just noticed this "[COLOR=#333333]and that visa after 4 months is still not in progress" I think the answer may be no. [/COLOR]
            Last edited by lantern; 09-05-13, 18:25.
            "[COLOR=#000000][FONT=Helvetica Neue]I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it.[/FONT][/COLOR]"
            George Bernard Shaw

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            • #7
              Originally posted by Si Bule View Post
              the owner of the place is not bankrupt ..
              It doesn't mean much. Legally speaking his liability is limited as it is the case with any Perseroan Terbatas.

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              • #8
                don't think that its my problem , in the contract it states "Employer is responsible for all visa and immigration issues"
                A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

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                • #9
                  dan saya bisa bahasa Indonesia , saya tidak bisa atau terima di mainin . di garut ada istri dan 3 anak yang saya harus kasi makan .
                  A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

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                  • #10
                    Must be something about English courses in Pekanbaru that causes them to go bankrupt. I was in the same position with a school in Pekanbaru going bankrupt a some years back. All I got as did all of the staff was their final months salary. What most did as we got no compensation was take things like furniture, computers, etc as a form of compensation as the employer had gone back on the contracts.

                    I was lucky that I was offered a teaching job by a friend in a different city not long after things went tits up.
                    The challenge is to be yourself in a world that is trying to make you like everyone else.

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                    • #11
                      Thats more or less what is happening now . do like Pekanbaru , really enjoyed living here , even if it was only for 4 months .

                      looking for a new job . but until then I will try and get a extra month out of it ..
                      A teacher who is attempting to teach without inspiring the pupil with a desire to learn is hammering on cold iron

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                      • #12
                        My guess is that you can quote UU laws at your employer until you're blue in the face but if the employer truly is legally bankrupt then you're too far down the line of creditors to get your additional pay or benefits and as Atlantis mentioned, even if the owner is rich, if he had the company set up right then his personal/perceived riches are not at stake.
                        "My country is the world, and my religion is to do good." -Thomas Paine.

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