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Thread: Tunjangan Hari Raya - A must ???

  1. #11

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    Yes Officially Muslim as i married a local girl here who being muslim herself kinda made my choice of religions limited. So anyway i will keep you posted maybe later on the result, I have printed off the laws you posted and will now show them that. Many thanks for your help again.

  2. #12
    Member jave2001's Avatar
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    Yes Atlantis is absolutely correct and just from my experiance I have been paid THR by every company I have worked for in Indonesia even though it was not stated in any of my contracts. The only discussion I have ever had about it was when do I want it paid, Christmas or Lebaran.

  3. #13
    Super Moderator atlantis's Avatar
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    Quote Originally Posted by dazzer View Post
    Yes Officially Muslim...
    Then you are fully eligible to get it for Lebaran. If you would have been christian, the company however could have tell you to wait for Christmas to get it.

    addit: I've added a link to the relevant regulation in my post #5
    Last edited by atlantis; 16-08-11 at 19:50.
    Torang samua basudara

    Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.

    Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.

  4. #14

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    @Jave and Atlantis,A huge thank you for your help... I will let you know the result on Thursday or Friday when i hear after Merdeka day tommorow.

    May i say it is amazing in a country like this to have fast,reliable and sound advice from those who have possibly learnt the hard way but now are in a position to help the rest of us. May i return to you for further advice IF my employers don't relent and still refuse to pay the bonus??

  5. #15
    Super Moderator atlantis's Avatar
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    Quote Originally Posted by dazzer View Post
    May i return to you for further advice IF my employers don't relent and still refuse to pay the bonus??
    Of course, yes.
    There will have always someone with a bit of time and knowledge to answer querries. Be it by Marcus, Nickie, Jave, vin.vierge, me...etc, I have little doubt that you will have your questions answered.

    However, be aware that you will certainly have to insist or maybe even involve nakertrans. Many employers "genunely" thinks that expats are not concerned by THR.
    Torang samua basudara

    Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.

    Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.

  6. #16
    Member vanuatu's Avatar
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    Atlantis, could one convert a month before each religion's holiday, to the corresponding religion, and thus collect all four bonuses?

  7. #17
    Super Moderator atlantis's Avatar
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    Quote Originally Posted by vanuatu View Post
    Atlantis, could one convert a month before each religion's holiday, to the corresponding religion, and thus collect all four bonuses?
    Hahaha... Unfortunately not.
    Torang samua basudara

    Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.

    Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.

  8. #18

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    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.

  9. #19
    Member jave2001's Avatar
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    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. ( except the businessman's agreement and other workers. ) 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.

  10. #20

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    @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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