Employer refuses to issue an EPO unless I pay 7 months salary
I am a teacher at an International School located in Jakarta, Indonesia. I have a 2 year contract with a clear clause stating that either party (me or my employer) may end the working agreement by giving 6 months notice. I did this, my employer said "ok, we will miss you" and then waited 5 months before saying that I must pay him 7 months salary and also the cost of bringing a new teacher into Indonesia. There is nothing about this in my contract but my employer says if I don't agree they won't give me an EPO (Exit Permit). My KITAS expires 30 June 2014 and I don't know what to do. Can anyone help or advise me on this matter?
- Visas for Indonesia - Guide
- Client refuse to pay. Anyone had similar experience? I need suggestion - 7 Replies
- Can a foreigner work sales in Indonesia - 10 Replies
- Jakarta airport - 8 Replies
- The best visa process to follow to move to Jakarta - 6 Replies
- Limited Stay Visa for Family Reunification - 8 Replies
- Sponsorship of Parents KITAS - 3 Replies
If I were in your shoes I would tell the administrator at the international school that you are about to do two things:
A)聽 聽 File a criminal complaint with POLDA in Jakarta.
They wont like that given all the current negative publicity surrounding the Jakarta International School (JIS).
B)聽 聽 Visit the US Embassy in Jakarta and talk to someone there who can offer assistance (which they will do for American citizens who are being victimized by crime).
You are running out of time, so Id make that phone call to your past employer as soon as possible.
It would make sense for the school to have added a clause to make you pay if you leave early.
Hiring an expat is expensive; try to see both sides.
7.10聽 Either the party may terminate your employment without giving any reasons by giving to the other not less than six (6) calendar months notice in writing or by payment of six months Gross Salary in lieu of such notice or where such notice in writing falls short of the six (6) calendar month, by payment of the appropriate proportion of the six (6) months Gross Salary and the SECOND PARTY (the employee) are further liable to reimburse the FIRST PARTY (the employer) up to US$3,000 being the cost of applying for the working permit and bringing you over to work in Indonesia.
However, I'd be shocked if there wasn't something in there about the work permit, KITAS and transport costs.
If you've done a full year, they probably have yet to get the new ones so watch out for them trying to screw you.
That would be attempted fraud, leaving the school in a really bad position.
Record conversations without telling the school you're doing so.
I see it is in there, but only matters if you have not done a full year.
Another moral here - if they want two year contracts, it may mean staff dislike working there and they're trying to tie you down. 1 year, as I understand it, is the norm.
Exercising your right to protect yourself from criminal extortion is not being threatening.聽
If you have fully complied with the contract, then they haven't a leg to stand on.
It's up to you to decide whether to be the victim, or to take advantages of the protection available to you.
At the very least you should stop by the US Embassy and discuss this with them.
OK, so now you offer additional information not previously offered.
What is your intention here?聽 Are you looking for sympathy and attention, or are you looking for help?
If you're looking for the former, sympathy and attention, then you're in the wrong place.聽 But if you're looking for help, then be honest and not play games by adding something later on which changes everything.聽 Otherwise, you are just wasting our time.
In fact, anyone with such a serious issue at hand as you describe should be smart enough to know where to go, and how to find a fair resolution.聽
Goodbye!聽 聽

Another concern is that the school would have spelt out clearly the fines for breaking contract due to the costd involved in hiring and regardless of when they told you to pay this, they will expect you to pay if it is written. If you resign then the employer will want to claw some money back whereas if you get fired they lose.
The points you wrote from your contract state clearly the penalties in my opinion for breaking early if you never gave 6 or months notice. Again if you signed the contract without asking questions then it will be a huge shock. You said the employer told you that 7.10 was not valid yet this is the clause thay tells you what is needed to pay if you want to break. Does the person you are dealing with have a good grasp of English? Or is it being translated because if so then it sounds more like a communication issue.
Finally if you did sign and agree to the contract at the start and now because you are breaking contract and disputing payment then it could get more complicated. As mas fred and Ubudian have said get to the embassy quickly and get some help if they offer it and do take their advice.
Please forgive me for that error, and allow me to revert back to my initial post on this thread, as well as Luke's latest response...get thee to the US embassy.
Please let me know if there is anything I might be able to do to repay you for your help.
You already have, by saying what your plans are for Monday.聽
Best wishes, and kind regards.
josephcali wrote:Thanks for your response, I appreciate it very much. I'm worried that if I 'threaten' them they will try and deport me or make it difficult for my new job here in Indonesia. My wife is Indonesian as well.
That makes deportation unlikely.
Have you been married for over 2 years?
josephcali wrote:Hi Mas Fred, yes today is our 6th anniversary. Thanks for your help.
6 years. You can get a KITAP.
That allows you to work....but I understand you still need a work permit.
Rp3 million.
I'm unsure how you would convert as I've never done that.
My employer now says that because the matter (our contract dispute) is not settled and my KITAS is expiring 30 June 2014, they are extending my KITAS and that I will have to pay for this extension if the matter is not settled by 24 June 2014.
BTW, US Embassy says it can do nothing- they do not intervene and suggest only that I seek the help of a lawyer. They spoke with my employer and told me that I should have my lawyer contact him (which I am)
Found an answer to my own question online
()
... yes they can, all that is required is the following:
B)聽 Requirements for Extension
聽 聽 聽 1. Application Letter Request for Approval from the company.
聽 聽 聽 2. Extension Form of Work Permit for Foreigners.
聽 聽 聽 3. Copy of Worker Employment Plan.
聽 聽 聽 4. Copy of KIM's.
聽 聽 聽 5. Recommendation from Manpower Department.
聽 聽 聽 6. Book of Legitimization of Prior Permit.
聽 聽 聽 7. Book of Tax Payment for Foreigners.
聽 聽 聽 8. Book of Report on Foreign Worker's Arrival at Manpower Dept.
聽 聽 聽 9. Copy of Employment Contract.
聽 聽 聽 10. Report of Realization of Education and Training Implementation.
聽 聽 聽 11. Copy of IWPL Payment for Position that is obliged to pay IWPI.
聽 聽 聽 12. Photographs (2) size 4 X 6 cm (black and white).
If they apply for an immigration document for work, knowing you won't be working, they would be guilty of a serious crime.
If they try to force this, contact the police.
If they do it without you knowing, all the more serious.
Of course, you only need an exit permit if you intend to leave the country.
Pop to immigration, be honest about the situation and ask if you can apply for a wife sonpsored KITAP.
No my passport hasn't been stamped- there is no EPO. But I don't think they need this for extension (a KITAS can be extended 5 times, I think, by the same company without leaving the country)
Usually they can not extend your working Kitas in just one week, it will take longer than that. It makes sense if they put a deadline to solve your dispute on 24 June because then it is enough time left for them to arrange your EPO because it takes about 4 working days.
It is not possible to arrange the EPO yourself without having the supporting documents from the school.
You should go in person with your wife to the Immigration perhaps straight go to the DirGen but also Manpower (they issue the work permit) explain your situation and that you do stop working at the school.
Good you meet a lawyer just cross your fingers that he has good knowledge about those issues thus can help.
Make your relocation easier with the Jakarta expat guide
Work visas in Indonesia
Expats who want to work legally in Indonesia have to get the appropriate work authorization and stay permit before ...

Higher education in Jakarta
The capital of Indonesia is also one of the country's major cultural and educational centers. Jakarta is home ...

How to find accommodation in Jakarta
The capital of Indonesia, Jakarta, is a dynamic city in many ways. Beyond its busy streets and heavy traffic lies ...

Work in Jakarta
As Indonesia's major financial and commercial hub, the capital city has a wealth of professional opportunities ...

How to buy a house or an apartment in Jakarta
When planning a move abroad, housing is a priority issue. If you expect to be away for a very long time, why not ...

Networking in Jakarta
Once you have settled in Jakarta, you will naturally want to seek to make friends and grow your professional ...

Living in Jakarta
The vibrant and fascinating capital of Indonesia is a place that leaves no one indifferent. Jakarta is a huge ...

Things to see and to do in Jakarta
Jakarta is never boring. One of the world's largest cities, the Indonesian capital has countless fun activities ...
Forum topics on visas in Jakarta
大咖福利影院 for your expat journey



