Do expat Kitas holders have a right to maternity leave?

Discussion in 'Employment Law' started by Amethyst, Aug 12, 2018.

  1. Amethyst

    Amethyst New Member

    Joined:
    Aug 12, 2018
    Messages:
    4
    Ratings:
    +1
    Does anyone know if maternity leave applies to expat Kitas holders?

    I'm a teacher on a two year contract at a school that has managed my Kitas as well as my work permit here in Indonesia. I recently got married to an Indonesian and became pregnant. However, my school has offered me only one month of maternity leave at 25% of my regular salary, only under the condition that I sign a new two year contract after my current contract expires.

    This offer is very different from the 3 months of maternity leave, paid at 100% salary, that is written into Indonesian law for citizens. (pasal 82 in UU #13 2003) Is my school's offer legal?
     
  2. dafluff

    dafluff
    Moderator Cager

    Joined:
    Jul 13, 2016
    Messages:
    2,610
    Ratings:
    +516
    The law makes no distinction between foreign or WNI workers, so yes, you are eligible for paid leave 1.5 months before and 1.5 months after birth. A company can not make a contract that is against the law of the country either.

    Now, fighting a company is never an easy task in Indonesia. I think you should try to settle it without using outside resources first. Are they aware of this law, and did they simply say "no, we're not going to do it?"
     
    • Agree Agree x 1
    • Informative Informative x 1
    • List
  3. Amethyst

    Amethyst New Member

    Joined:
    Aug 12, 2018
    Messages:
    4
    Ratings:
    +1
    Thanks for the information. I believe that my school is aware of the law, but I don't know for sure. I will remind them of the law first. I never feel sure about how to negotiate in Indonesia, because it seems that although the laws exist, they are not always respected by employers.Since laws are often conveniently ignored, what is the best way to negotiate without using outside resources?
     
  4. dafluff

    dafluff
    Moderator Cager

    Joined:
    Jul 13, 2016
    Messages:
    2,610
    Ratings:
    +516
    Well, the problem is, how far do you want to go? If you push the issue, they will obviously not be happy with this. They may not extend your contract at all. They may try to punish you in other ways. I'm not saying that you shouldn't give it a try, but just prepared for that kind of response.
     
  5. atlantis

    atlantis
    Moderator Cager

    Joined:
    Jul 13, 2016
    Messages:
    2,107
    Ratings:
    +569
    I agree with Dafluff on all points.

    • You have the right for a maternity leaves as per UU 13/2003
    • If you decide to get your right respected, do it smoothly and be prepared to negotiate.
    • If you are unwilling to negotiate and just want to have your rights respected, you may reach your target, but you will have to be prepared to look for another job.
    Assess how much your job is worth to you and keep it in mind when negotiating.
     
  6. dafluff

    dafluff
    Moderator Cager

    Joined:
    Jul 13, 2016
    Messages:
    2,610
    Ratings:
    +516
    Also additionally, a way I would approach it is to maybe find a middle ground. Maybe ask for additional time off at 25% or for 50%, reasoning that it is impossible to have maternity leave for only 1 month and see how they react.
     
  7. Puspawarna

    Puspawarna
    Moderator Cager

    Joined:
    Jul 15, 2016
    Messages:
    2,266
    Ratings:
    +316
    I like this approach because it seems practical, non-confrontational (if approached that way), and potentially could lead to a good outcome.

    But I also like it for another reason, which has nothing to do with the OP's personal circumstances. I find some of Indonesia's "protective" laws toward females to be troubling. Three months off work at full pay is quite a burden for small employers and I suspect it leads to discrimination in hiring. I'd rather see a slightly less generous amount of leave for new parents, applied equally to all mothers and fathers regardless of gender and whether one is adopting or giving birth.

    Of course, if there are medical complications related to the pregnancy, that's just a medical issue like any other and it should be treated accordingly. But speaking as someone who was of "advanced maternal age" when I gave birth, and not in particularly good shape, I can attest to the fact that a normal delivery is not particularly physically challenging. It's taking care of a brand new baby that's exhausting, and that burden occurs for adoptive parents as well, and ought to be shared by both mom and dad.

    Just my opinion, of course, and likely not a very popular one.
     
  8. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

    Joined:
    Jul 16, 2016
    Messages:
    2,487
    Ratings:
    +363
    On the plus side Indonesia is very family friendly, especially towards new born babies around the work place and if you have a nanny I can quite easily visualise nanny & baby sat in the teacher's room whilst you have contact time with the students ,& the employer not having an issue with it, it might be something to think about working into the negotiations?
     
  9. Amethyst

    Amethyst New Member

    Joined:
    Aug 12, 2018
    Messages:
    4
    Ratings:
    +1
    Sounds logical. I was thinking of a similar plan. I just hope that I can be successful without having to sign another 2 year contract. I'm still not sure if I want to do that.
     
  10. Amethyst

    Amethyst New Member

    Joined:
    Aug 12, 2018
    Messages:
    4
    Ratings:
    +1
    Thanks for the idea. The past principal was interested in having a daycare located in the school for the same reasons you mentioned. However, there's no such daycare yet, and I currently work full-time (7am-4pm). In my case, it might be best to negotiate to about leaving the school after I've finished teaching class rather than staying at school until 4pm regardless of my class schedule.
     
Loading...

Share This Page