Article 48_Indo Labor Law_Repatriation of Foreigners Post-Employment

Discussion in 'Employment Law' started by merah07, Dec 29, 2016.

  1. merah07

    merah07 New Member

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    Dear Members:

    I am about to fight my former (school) employer concerning what appears to me to be malfeasance of Indonesian Labor Law #13, 2003:

    Article 48
    Employers who employ workers of foreign citizenship are under an obligation to repatriate the workers of
    foreign citizenship to their countries of origin after their employment comes to an end.

    The employer states in the employee contract:

    ARTICLE 8
    FRINGE BENEFITS
    (4) The EMPLOYEE is eligible to get free return ticket transportation to the point of hiring,
    after having finished his/her working contract.


    He will only compensate a return ticket to the point of hiring, which in my case is in Indonesia. I am contesting for a flight back to America. I reported to DEPNAKER here in Manado, and they agreed with me that Article 48 is binding and that there exists no other condition.

    My question to all of you is: The employer's application of the law appears illegal. Do you agree? If you do think the employer is correct in limiting return flights, then what UU or PP backs that up?

    Thanks in advance
     
  2. William King

    William King Well-Known Member Charter Member Cager

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    As far as I know, it's illegal, they must return you to your country.

    Good luck.
     
  3. atlantis

    atlantis
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    They are 100% wrong (and I am being kind to them on this assessment). Country of origin is the destination of the ticket. No contract can legally modify the stipulation of an UU.

    Really, since you have time and live here, don't hesitate. Skin them off. As an example for all expats who get ripped off and must leave the country. The law is very explicit and written in their native language. No excuses.
     
  4. merah07

    merah07 New Member

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    Yes, Atlantis- that is absolutely the point. I've seen more than a few foreigners get railroaded out of town with no real chance to contest the set of decisions that make up any termination. The crucial leverage any Indonesian business has is that a fired foreign employee loses their KITAS summarily- immigration doesn't confer the foreigner with any right to contest. It's a slam-bam-yer-outta-her-man scenario. As you well know, the fired employee has seven days to get out of Indonesia.

    This particular school has been breaking this particular law for many years. I have reported to DEPNAKERTRANS about this already, and they assured me that the law was pure and simple- there are no sub-sections to it. I will give the school one more chance to come clean- they have come clean on a couple of other points re: severance and have coughed up the money; post that and I will file a grievance and also contact the Board of Governors of the school
    s Yayasan- a group of people who stay way under the radar. This plane ticket and a late payment on a personal work order are the final two points, and justice will be done.
     
  5. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    The repatraition rules tend to be very important and are pretty old - they tend to be the whole point of visas etc for foreign workers.
    They have been in place pretty much globally since before air travel.
    They were originally intended to to protect ship crews and governments.
    The whole point of them: to ensure that the wrong person/government was NOT left with having to carry the cost of repatriating sailors turned off ships.
    Ah so long since I studied such things- as for Indonesia specifically, I cannot say when these laws came into place but I figure they have been there for quite a long time as this part of the world has been a very popular trading destination for centuries.

    So , I figure you have a good chance of being taken seriously & agree with the others that it is one of the rules that can be fought in law successfuly.
    If it was me I would certainly be taking it further.
     
  6. William King

    William King Well-Known Member Charter Member Cager

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    That's nice. But now what ?
     
  7. merah07

    merah07 New Member

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    I have to take the next step, that's what. I'm under no illusions. I've been busy- now I'm translating part of the contract for DISNAKERTRANS which shows that the so-called fringe benefit of a return ticket as stated in the contract is contrary to the law. The gray area is that if an employee signs a contract, and the contract includes a provision non-pursuant to the law, does the contract trump? One employee at DISNAKERTRANS seemed to believe the contract overrules, which seems ridiculous. The next step of the battle comes down to filing a complaint letter to DISNAKERTRANS in coordination with going after the employer, tooth and nail. The employer has yet to formally check me out of the institution due to a work order I submitted but they did not process. That battle is tied up in all of this, and makes it a much stickier situation. None of this will be solved shortly.
     
  8. William King

    William King Well-Known Member Charter Member Cager

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    Am I corrext in assuming that this law applies regardless of a contract being completed or not?
     
  9. jstar

    jstar Mr. 10,000

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    Right. And if it you are not officially 'checked out of the institution' as you call it, it really is not a former employer yet, is it?
     
  10. Periwinkle

    Periwinkle Member

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    Any update on this? I'm going through the same thing with my school currently. I've bought my own ticket to Singapore so that I can complete the EPO, as I definitely don't want to overstay, but they have failed to buy me a ticket.
     
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