Advice on suing an employer for backpay

Good luck. It never ceases to amaze me how employers can underpay staff entitlements. And it is not just petty crooks. Appalling the number of large corporations that are caught out paying employees less than their entitlements. I hope you have some success in attempting to get your oustanding wages but this has cost you already so it is important that you do not lose more by having it erode your morale and mental well being.'

And I love how he took me and a buyer from Scotland out to a dinner that amounted to over 2 mill. Uh how about leaving us to eat at a street food place (which he would've enjoyed), and putting that 2 juta toward paying me??

His wife went on an overseas trip too. I was warned about this guy from another buyer, how he raises prices but delivers inferior product. Greed and cowardice, what a fine combo.
 
I started a thread on this sort of situation a few years ago, by the way.

 
I understand that, but what if I have TT evidence of salary every month which always stayed the same, until there was 0 from their bank after a specific time period?
Should work in your favor but he could always say that your "contract" was over the last month he paid you. I think you have the ammunition to make a case but I have no idea how it would play out in court, if it went that far. Probably better to make a lot of noise and contact Manpower in hopes of getting a quick settlement instead of waiting to find out how things will play out in the long run. But this is just my opinion. Best of luck to you.
 
A foreign owned and managed business employing Indonesians without contracts and no doubt breaking lots of other labour laws? Manpower would have a field day but if they do come in I doubt you would get any money but the other guy will get a world of hurt.

I suggesting telling him that he has to pay or that you will be making a case with manpower. If he has ever had to deal with them before then he should gladly pay you not to have to deal with them.
 
There's also the issue of taxes, etc. Isn't your employer supposed to pay them on your behalf?
 
Is it a Pt or a pma. There's also an indonesian partner?
 
He said he will pay one month's salary next week. I'm glad I talked to my wife about this. She advised me to take the high road and still treat him with respect, and to give him the benefit of the doubt. It wasn't easy. I asked for 2 month's pay, so in my eyes he's still being a snake about it.

If my direct deposit doesn't continue at the end of the month, I'll consider legal action. I haven't consulted with an attorney yet, but I get a bad feeling that suing will cost me a great deal of time and cash. If anything, litigation will be more about proving a point, and less about monetary restitution.
 
Is it a Pt or a pma. There's also an indonesian partner?
PT. I'm not sure who his partners are, but I do know the man who gave my boss the bridge loan. He's a reasonable, wealthy guy. I doubt he'd complain about getting x-amount less so that I can get paid.
 
There's also the issue of taxes, etc. Isn't your employer supposed to pay them on your behalf?
Yes, but I didn't sign a contract. He could very well not have reported my income, hence the brazen treatment I'm receiving.
 
Manpower is your first start.

If he is an expat and you are WNI he is not allowed to act in an HR capacity and fire you. So a trip to immigration will be difficult for him.

Insist on your seven months owed.
 
If your employer hasn't been withholding and paying your taxes, that means in the eyes of the law you have not been paying your taxes.
So I don't think legal action is a possibility for you, as you might end up getting prosecuted yourself for non payment of tax.
 
What I dont understand is if you havent been paid since April, why the heck you still stick around? If I dont see any money coming in on the salary date .. I would just f off and look for new job! ..just saying!
 
What I dont understand is if you havent been paid since April, why the heck you still stick around? If I dont see any money coming in on the salary date .. I would just f off and look for new job! ..just saying!
A combination of a second income, the job market being terrible, and being able to WFM all this time in lieu of commuting to work on no salary.
 
If your employer hasn't been withholding and paying your taxes, that means in the eyes of the law you have not been paying your taxes.
So I don't think legal action is a possibility for you, as you might end up getting prosecuted yourself for non payment of tax.
This is a gray area I need to speak to a lawyer about. It's their responsibility to pay my taxes. He has also cut corners on workplace standards for a global supply chain of our industry. It resulted in a low grade from auditors that threatened to fine him for breaking factory labor laws, not meeting fire safety codes, among others.

Yes, I can end up having to pay back taxes, but it sounds like he has a lot more to lose. There's documentation of the above.
 
This is a gray area I need to speak to a lawyer about. It's their responsibility to pay my taxes. He has also cut corners on workplace standards for a global supply chain of our industry. It resulted in a low grade from auditors that threatened to fine him for breaking factory labor laws, not meeting fire safety codes, among others.

Yes, I can end up having to pay back taxes, but it sounds like he has a lot more to lose. There's documentation of the above.
There is no gray area. The employer is responsible for employees' taxes.

Also, if you did not have a written work contract, but verbal, that contract becomes automatically a permanent work contract. That should be your leverage. Labor Law 13 2003(I dont think it has been changed with Omnibus law, but check):

ARTICLE 57
(1) A work agreement for a specified time shall be made in
writing and must be written in the Indonesian language
with Latin alphabets.
(2) A work agreement for a specified time, if not made in
writing is against what is prescribed under subsection (1),
shall be regarded as a work agreement for an unspecified
time.


Pasal 57 (1) Perjanjian kerja untuk waktu tertentu dibuat secara tertulis serta harus menggunakan bahasa Indonesia dan huruf latin. (2) Perjanjian kerja untuk waktu tertentu yang dibuat tidak tertulis bertentangan dengan ketentuan sebagai mana dimaksud dalam ayat (1) dinyatakan sebagai perjanjian kerja untuk waktu tidak tertentu.

Dinas Ketenagakerjaan likes cases like this and you should contact them first.
 
Kind of ironic to read a bule screwing an indonesian over labour law for a change

I still think you will end up with nothing.
Maybe a month or 2 max

Open a lawsuit and you open a can of worms. You will get dragged into it and then you might find he is suing you for slander libel and everything else

As for verbal contract being the same as a written - unlikely. Sorry.
But hey what do I know
Maybe you might win because you're a local and he is a bule lol
 
Kind of ironic to read a bule screwing an indonesian over labour law for a change

I still think you will end up with nothing.
Maybe a month or 2 max

Open a lawsuit and you open a can of worms. You will get dragged into it and then you might find he is suing you for slander libel and everything else

As for verbal contract being the same as a written - unlikely. Sorry.
But hey what do I know
Maybe you might win because you're a local and he is a bule lol
He's not white.

I'm not in the mood to tell the whole story, but he stiffed me. The money was finally transferred today. The amount, well let's just say suing him is no longer on the table. I don't think he understands what a father is willing to do to feed his family.
 

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