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Discussion in 'Business Law, Civil Law and Legal Documents' started by bronze7, Apr 27, 2018.

  1. bronze7

    bronze7 Member

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    I was recently fired from a school. They dont want to give return flight, severance pay or any thr. I just told them I have contacted manpower and within 5 mins the school responded saying that they have talked to manpower and that my spouse sponsored kitas will be cancelled when they cancel my imta. Is that posssible?
     
  2. lifelongexpat

    lifelongexpat Active Member Cager

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    Well as I understand, the only person who could cancel a spouse sponsored kitas is the spouse themselves. Unless you gave them an undated cancellation letter signed by your spouse (highly unlikely).
     
  3. bronze7

    bronze7 Member

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    No I didnt, I asked the school what does my kitas have to do with the school. They said that is the law from manpower that if they cancel my imta then the school must process an epo as well. Seems like they are just trying to threaten me into signing the termination agreement
     
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  4. lifelongexpat

    lifelongexpat Active Member Cager

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    If you're kitas is spouse sponsored, then it's nothing to do with your employer. All they can do is cancel/void the imta so it can be designated to another expat employee.

    Out of curiosity, was your former employer an international school or a language centre?
     
  5. bronze7

    bronze7 Member

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    an international school
     
  6. lifelongexpat

    lifelongexpat Active Member Cager

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    To me, the only person who can cancel a spouse sponsored kitas is your spouse and no one else. All they can cancel is the imta. If they were the sponsor of both the kitas and the imta, then fair enough. But not in your case.

    If they try to badger you into signing any documentation to cancel your kitas, I'd just out and out refuse (I'm in the same boat - kitas sponsored by spouse and then imta from employer).
     
  7. William King

    William King Well-Known Member Charter Member Cager

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    Mind you, as I understand it schools cannot gain an IMTA on the basis of a spouse sponsored KITAS. Thus, I wonder if they changed your KITAS to a school sponsored one, and therefore yes they will be able to cancel your IMTA and KITAS as same time.

    Worth a check... ?
     
  8. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    I agree, IMTA is not Immigration and surely have no power over your visa status at all, they are a different department altogether.
    Seems to me that someone is spouting BS at you.
    Ask the school how they intend to process an EPO without having any connection to your visa AT ALL.
    Obviously you are not going to hand over your passport or visa documents to them. At best all they will have are photocopies. So they can't even begin to do what they say.

    How did they even process the IMTA? Did they have problems in the beginning? I ask because it is not a common route and many people (agents) don't even know it is possible to have spouse sponsored visa with work sponsored work permit.

    KW posted whilst I was off being distracted... & yes he has a point. Seems to me they might have been using a dodgy agent- How can they change the visa without the OP knowing about it- they would have to cancel the old visa- surely the sponsor would need to know. I would think it would be a very dodgy situation if a 3rd party can come along and change a visa without the 1st & 2nd party knowing about it.
     
  9. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    Or Kan Im & even then they have to demonstrate good reason as far as I know.
     
  10. bronze7

    bronze7 Member

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    the school never had my passport, only copies so I dont think they changed my kitas. I think they are scared to face manpower
     
  11. bronze7

    bronze7 Member

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    As for my IMTA the first one took a few months which they said was a temporary IMTA(does that even exist) I just seen my newest one after weeks of trying and it was dated March 23rd
     
  12. snpark

    snpark Active Member Cager

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    Why were you fired?
     
  13. lifelongexpat

    lifelongexpat Active Member Cager

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    Temporary IMTA's do exist:

    http://indonesiaexpat.biz/other/info-for-expats/working-in-indonesia-why-on-earth-not/
     
  14. bronze7

    bronze7 Member

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    I was fired due to some minor mistakes.
     
  15. snpark

    snpark Active Member Cager

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    So there is no issue with the actual termination? But you still expect to receive the benefits as normal? What does the contract say about being fired and still getting things like THR, severance pay etc?
     
  16. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    What it sounds like to me - and I could well be wrong is this:
    You: I will be talking to manpower
    Them [posturing cos they do NOT want you talking to manpower- probably because they have done something dodgy] : we already spoke to them and they say this that & the other.
    A classic counter measure to wrong foot you / threaten you to not make waves.
    You are married to an Indonesian, you are sponsored by them you are pretty much untouchable by manpower.

    Pop one back at them if you want to get some severance- remind them that illegally employing someone has a nice tidy fine in the 50 million IDR mark- thye are possibly trying to figure out how green you are/ they may also be very green / they may well just leave everything to the agent- who quite likely is far from Snow White ;)

    It is entirely possible that some greasy money has passed hands to ease the processes.
    IT DOES happen, I know for a fact of more than one place who uses an agent who has questionable practices.
     
  17. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    They might have felt minor to you , but obviously not to the school.
    Double check your contract- I assume you had one.
     
  18. bronze7

    bronze7 Member

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    The only thing in my contract says that any loans must be paid before final salary is given. I made an enemy with the secondary coordinator and since then she has had it out for me. Finding anything to write a warning letter. Even though some things on my warning letter other teachers were doing without a problem
     
  19. bronze7

    bronze7 Member

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    I did find a clause that says if employee violates Code of Conduct that the school is not liable to pay any compensation. Is this a legal clause?
     
  20. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    Personally , if I had been getting warning letters, I would have taken myself inside and said outright that the practices I was being warned about are common practice in the school, and that in the interests of fairness unity & harmony - things they should be teaching the children so really should be practicing with the teachers... that they should hold a meeting with all the teachers and discuss these transgressions and get to the root of them and find out why they are happening and what can be done to resolve them. (wowzer- long sentence there- have a breather)

    That's me though & I have often had it suggested to me that working as a trade union official would be a good deployment of my skills.

    What seems to occur is that too many people get their little godlike powers in management positions and do not manage effectively- they issue ultimatums and piss off employees, instead of seeking the effective/productive/professional managerial route.
     
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