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HELP!: School forced EPO thru Imigrasi today...

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  • HELP!: School forced EPO thru Imigrasi today...

    ...They terminated. I began mediation with Depnaker. Must leave?


    School in SE Jkt asked me to resign several times, I didn't. Letter today on door from school reads, "Get your passport, EPO and ticket at school counter". I haven't taken it down yet to read the contents inside.

    I began mediation proceedings through Depnaker Jkt Central, immediately after the school sent a termination letter two weeks ago. They have contrived up a story that I haven't been compliant to their requirements (never given a warning letter). In all fairness, I had been sick for two weeks with pneumonia, but upon return completed all work for the quarter and semester (to their chagrin apparently).

    They then began to act sort of nasty and disagreeable with everything, even a few lies thrown in by the supervisor then. They wanted me out, but if I accepted the resignation pushed on me it meant I was liable for an assortment of fines and costs on the duration of the contract. The next day the VP and KS had it out with me in front of twenty teachers in the staff room, complaining about things that didn't need to be complained about. All work finished. Finally, the VP said "Finished", pointed at the door and abruptly left with KS. I sat at my desk for a half hour stunned. Had I actually just been fired? After a few more minutes and not a peep from any of my superiors I packed up and left...

    I was visited by Bekasi Imigrasi agents three days ago. I showed them the mediation date that was already set by Depnaker and they asked me to come to the kantor with passport, kittas, etc, anyhow and give my side of the story, the next day.

    This was typed up and checked. Twice the info was incorrectly quoted by the officer in Bahasa. I handed over my passport, as told I must do (given a receipt). Then left. Today the school planted a letter on my house door which basically says to come get my passport, EPO and ticket out.

    Question one is, can the school do this? Or rather, can Imigrasi do this?

    I said at the interrogation that it appears by the hukum/law that I must stay in the country and conclude my court case/mediation first. They didn't seem to agree and said, "We can make you go as we wish, we are able to investigate it ourselves and determine if you must leave".

    Question two, Is there some law I can quote which says that I must stay in country when there is a Depnaker (or any govt entity involved) mediation date set?

    It apparently would go to the Industrial Court next, if both sides could not find agreeable terms. Mediation date is for early January 2017. The school received their request to come yesterday, from Depnaker, as did I.

    I am in disbelief that the school can be so closely related with the imigrasi dept in Bekasi to be able to force my EPO, but I have been teaching here for 15 years and I've witnessed almost all sort of unbelievable things happen though.

    Apologies if this has come up before. I have spent several hours trying to find a similar situation that may have occurred and been reported here, but still haven't found anything yet.

    Thanks to anyone for any help with this.

    -Frazzled n pissed

  • #2
    Originally posted by SushiMasterX View Post
    Question one is, can the school do this? Or rather, can Imigrasi do this?

    Question two, Is there some law I can quote which says that I must stay in country when there is a Depnaker (or any govt entity involved) mediation date set? ...

    First let me say that I have nothing to say about this mediation proceedings through Depnaker .

    Question one answer : I am not sure (*) , but if they did (as you said you got the EPO already) , I would say that in relation to Immigration you must leave Indonesia within the period of time allowed by the EPO , otherwise you will have to pay the overstay fine (Rp300k per day) .

    Question two answer : I don't know , but I never saw anything about it (I did read part of the Work Law regarding foreign worker) and I would guess there is no such legal rule , unfortunately .

    (*) As your Visa/Stay Permit is sponsored by the school , I would guess that the school may have the right to withdraw its sponsorship whenever it wants , but I did read most of the Immigration Law and 2 other Immigration Regulations , but I didn't see anything about the subject .

    Comment


    • #3
      Thanks marcus. Anything I can beam on is better than head to wall. Six months down the tubes. ~300jt, poof! Xmas ruined for the whole family.

      I've found very little detail online about the mediation bits of past. Basically some old case files that are primarily the judgement details. Those needed to be magically resurrected by investigating the address link and tinkering with it, to get the pdf.

      I would like to detail here my own go at the Depnaker help however. Later, after, probably best. Problem now is the flight out they've booked for me is leaving just days before the mediation begins. They really don't want me to attend this I guess. Perhaps they think they will not win.

      As my passport w/EPO has flown itself over from Imigrasi Bekasi to the schools hands now (apparently-according to letter taped to door-you should have heard the action man jumping around the house at each window yelling my name out a la Jack Nicholson's "Here's Johnny!" style, for an hour) I'm thinking about how I can outmaneuver this action and remain in country for the mediation meeting. If I don't actually receive my passport back may be one way (I do still have the Imigrasi receipt to show for it!). Overstays incur on EPOs (??, or worse), but I do believe it (and I) remain the schools responsibility til it is firmly in my possession and I certainly can't afford even one overstay, tsk tsk. Yes, I'm bitter. Haven't even received my last full month's salary and where is the THR?!

      They did book a decent flight out though (there's my last pay!). The extra legroom economy vip seats, with all you can...there are still plain economy seats available too, I've checked. The website allows me to edit/change/add flights also, so I am at the moment setting up a 1st class seat with all the appointments. 1500$ ticket is about 10k now. Let me keep playing. My flame will probably end with request to reenter credit card details. Aduhh! There must be something of my own I can gremlin up.



      If anyone has any gleamings on OP above or the mediation process or can site any laws about passports being tossed around indiscriminately and whose responsibilities lie where on that, much obliged.

      Comment


      • #4
        Update:

        This morning at 815 the school security came to the house again and posted giant letters on front and side doors (after banging, and yelling my name out, just 5 mins this time) stating that my passport and ticket were with them and to come get as my flight leaves in a few days.

        I took all papers down and walked over to my lovely lovely perumahan's satpam post (20 meters away) and kindly plopped them on their desk saying, "Security mana pak, mana?". Nicely of course. Reminding them I pay nearly a juta a month for their services (water and waste too) and they should not allow these people in again, they are not welcome (the security/satpams also kindly escorted them to my front door). Let's see if and how long that works. I feel they've already been greased by the school's clowns, "Lima rokok pak?".

        I'm still wondering how not collecting my passport from school could play out. That may have to be the answer, in order for me to attend the mediation next week. Forced to fly to the other side of the planet will certainly not help and I would miss the meeting and probably forfeit any further assistance from Depnaker.

        I will now post on my front door the copied letters from Depnaker Jkt/Gambir stating we have a date set to meet and also the letter/receipt from Imigrasi Bekasi for my passport. The neighbor is a federal judge here and so maybe he will understand these matters at least. His child also attends the same school too, hmmm.



        Comment


        • #5
          Originally posted by SushiMasterX View Post
          ... If I don't actually receive my passport back may be one way ... I do believe it .. remain the schools responsibility til it is firmly in my possession and I certainly can't afford even one overstay, ... I'm still wondering how not collecting my passport from school could play out. That may have to be the answer, in order for me to attend the mediation next week. Forced to fly to the other side of the planet will certainly not help and I would miss the meeting and probably forfeit any further assistance from Depnaker...

          If you cannot afford even one day overstay fine , I suggest you to just leave and forget about the problem .

          In my view , not collecting your passport doesn't make the school responsible for your overstay fine .

          In case you want to read the Laws that I know (look for a copy by searching the internet) :

          - Indonesian Labor Law - Act 13 year 2003 (English version) , or UU no.13 Tahun 2003 :
          Termination of Employment : Articles 150 until 172

          - Indonesian Immigration Law UU6 - 2011 (English version) :
          Overstay : Article 78

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

          http://www.mondaq.com/x/160956/Redun...t+in+Indonesia (Termination of Employment in Indonesia , Mediation , Court Process , ...)

          Comment


          • #6
            Thanks marcus! I have looked at these details many times. Still can't find the right scratch for the itch.

            300jt is difficult to walk away from, especially since the law says I am entitled to pursue this.

            I wonder if leaving country nulls the mediation. I can't find anything about that. If I return again, by the mediation date, does this still mean the case is legal, or has it been forfeited? Yeah, I can't find that anywhere either.

            It seems that keeping the sponsor attached to myself and legally responsible is something I don't want to lose. This is perhaps the only reason they would attend the mediation, because apparently if they don't (Depnaker mediation head) attend, they lose and the case automatically goes to the Industrial Court by default. Would the case be even a care of their's if I am not legally bound to them any longer? Slim chance to not at all is reverberating...

            Update:

            At noon I posted the letters mentioned on my front door. A person from the school was sitting in the security box with the satpam, gazing at the myriad of cctv views, and I startled him when I came up to show the papers to him and the satpam. He said he was there to take me to the school to collect the passport and ticket. I asked where his official paperwork explaining this was, but he shrugged. I showed him the receipt from Imigrasi and the signed receipt of the schools acceptance of the Depnaker call to mediate letter. He backed off and I showed those papers and explained to the satpam that the school had not paid my salary (later I gave him a copy of all of these too) yet. The satpam said he would not allow the school reps back in again and that is why he was waiting in the box. I thanked him. I explained to the satpam that the school was also separating me from my family (wife Indonesian, our two young daughters), as well as not paying me for my work in December, and termination entitlements (uang pisah, THR, etc). He was even more sympathetic after my mentioning and sent a gaze to the school rep too, because he would expect none less himself. He asked the school rep to leave and so did I.

            That worked out favorably. Tuesday will probably bring dark clouds.

            Comment


            • #7
              im sorry for your situation , ya its very difficult especially leaving your wife and kids , I dont know the law regarding your case , maybe you could exchange your ticket for a return to singapore and come back on a tourist visa , no overstay and you can fight them on your return . Unfortunately as a foreigner of limited means im not sure of any justice you may receive , money talks here im afraid to say , good luck and keep us informed ya .

              Comment


              • #8
                Thanks scouser59. I'm looking at all the options and trying to figure out the next steps carefully. I'll post on the other forum, but when this has tidied up I'll relay the solution/outcome here also.

                Comment


                • #9
                  Originally posted by SushiMasterX View Post
                  (1) ... I wonder if leaving country nulls the mediation ...

                  (2) If I return again, by the mediation date, does this still mean the case is legal, or has it been forfeited?

                  (3) It seems that keeping the sponsor attached to myself and legally responsible is something I don't want to lose. This is perhaps the only reason they would attend the mediation, ...

                  (4) the school was also separating me from my family (wife Indonesian, our two young daughters) ...

                  (1) No , I think .

                  (2) I think it is perfectly legal if you come back and be present at the mediation place when required .

                  (3) It seems that you are insisting in not collecting your passport because you think this is a way to keep the school attached to the case , right ? In my view , by you complying with your EPO and leaving Indonesia has nothing to do with the mediation .

                  (4) This is the first time you tell us about your Indonesian wife and daughters , right ? I suggested you to leave to your country , but now this changed a lot of what should be your best option .

                  I now agree with Scouser59 about trying to change the flight ticket as it doesn't make sense you leaving to your country with your family in Indonesia . Just leave to Singapore or Malaysia and return with a (single entry) Social Cultural/Family Visit Visa sponsored by your wife (if you have some 3 days before the mediation scheduled day) , or a paid Visa-On-Arrival (which allows you to come back to Indonesia in the same day of the departure from Indonesia) . In the future better ask your new employer to get the KITAS sponsored by your wife (and adding the Work Permit to it) , instead of the KITAS sponsored by the employer .

                  Comment


                  • #10
                    Thanks Marcus! Great info. I have a new perspective on the whole situation now. What you have mentioned sounds like how I will play it out now.
                    Thank you for your time spent in replying also on New Years Day.

                    I'll post more as things occur. This could help others in the future also, instead of trying my half-baked fumbling around attempt. Great advice!

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