Advice required on minimum wage and contracts

Discussion in 'Employment Law' started by Dave E, May 7, 2018.

  1. Dave E

    Dave E New Member

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    Can someone please help and advise.
    My girlfriend started work on a reduced minimum wage as a waitress of 1.5 M for the first 3 months.
    She signed a contract but did not have time to read it and was not given a copy.
    After one month of working 6 days a week ,(8 hours a day with 1 hour break) 42 hours and 4 weeks she was paid for 24 days in total and pay of 1,384,615. But she was also stopped
    180,000 for being late 9 days of just a minute or two on these days. Apparently the agreement stated they could take the food allowance of 20k day off her if late but she did not receive this so they took it off her salary.
    They also told her she must get to work 15 minutes early each day.
    This meant that she was working for about 35k on these days for being a couple of minutes late.
    She did not agree with this and left the company.
    They are now stating she did not ulfill the contract are are threatening to sue her for the two months wages she did not work.
    Where does she stand with this and are they legally correct.
     
  2. gemima

    gemima Member

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    Hi Dave - sounds like your girlfriend had a horrible employer. Was this in Jakarta?
    I've never heard about such a thing as a reduced minimum wage and highly doubt it is legal (current minimum wage in JKT is 3.6 jt)
     
  3. Dave E

    Dave E New Member

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    No she works in Seminyak Bali. Minimum wage here is now 2.3 it. Apparently they can with agreements.
     
  4. dafluff

    dafluff
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    Those hours sound about typical for Indonesia. But docking pay for being late a few minutes is ridiculous. Also the "Uang Makan" and all other allowances can not exceed 25% total of the pay. So if their split is Rp 35000 for main salary and Rp 20000 for uang makan, then they're fudging.

    As far as being paid under minimum wage, employers can obtain exemption from the government to pay under minimum wage. Doubtful that they actually went and gotten one, but you never know.

    My advice would be just to tell them to shove it. What are the chances they are going to court over Rp 3 juta in wages?
     
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  5. macvert

    macvert Active Member Cager

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    Name & shame time Dave

    Edit . Although I very much doubt they are capable of such an emotion.
     
    Last edited: May 7, 2018
  6. William King

    William King Well-Known Member Charter Member Cager

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    They won't sue....
     
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  7. Dave E

    Dave E New Member

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  8. Dave E

    Dave E New Member

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    Thank you for your advise and opinions.
    Think we will wait and see what happens. Apparently another girl left after only receiving only 1 .15 M. They have also threatened her with the police for breaking the contract but not sure what they will do next or demand. So will wait and see . Then maybe name and shame them if they take further action.
     
  9. atlantis

    atlantis
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    Exactly. It's just intimidation for her not to sue their ass for what they should have paid and what they have done wrong.

    Asking someone to come 5 to 10 minutes in advance is common. Policy at Atlantis is that staff come "in advance" (no amount of time specified) so that they have time to park their bike, go to the loo, smoke the mandatory kretek, chit-chat about whatever they want, praying time...etc and they have to report by 8.00 sharp on my computer to my office.

    Less than 5 minutes late for report would trigger a snide remark from me, 5 to 10 minutes would qualify them for the shittiest tasks to be executed during the day. Over 10 minutes late qualifies for the shittiest tasks to to be executed during the day AND a warning. Three warnings in the month have them loosing their "bonus kehadiran" (bonus of Rp 250.000 to Rp 500.000 given IF they call in every work day of the month).

    As Dafluff said, it is doubtful they got an exemption. In fact I know many companies which don't respect the law on wages but I know none who got a legal exemption. They all bet on the fact that no-one would bother to report them.
     
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  10. William King

    William King Well-Known Member Charter Member Cager

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    Be super careful about libel and slander laws here...
     
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