KITAP - The "Unlimited" One

[Hawk256]

A Dutch friend returned to Indonesia to take up employment with a dive company. Singaporean owned. He applied for the work Kitas and his employer said he has to pay for it. I was under the impression that an employer organized and paid for the employees Kitas. Are there rules relate to whose responsibility this is?

I'm not sure you can even get a diving job legitimately in Indonesia as a foreigner. I have a friend that is a certified divemaster and he was told by several companies that they couldn't legally employ him. Maybe they just told him that. Curious to see how this plays out.

 

[Samoerai]

It is the responsibility of the employer. The "pemohon" applicant for the work permit (RPTKA) and for the KITAS is the employer. The applicant is the one responsible to pay.

However, is there any enforcement of this? No, never heard of it happening. And Manpower and Immigration aren't going to get involved, they just need to be paid the appropriate fees and don't care the source.

If the person already has a contract for employment, they could try to get it enforced through the courts, but we all know that will cost far too much money and headache to possibly still go nowhere.

His only real option is to negotiate with the employer and make explicit agreement his pay, benefits, and responsibility for work permit and visa fees. Of course this should have been done prior to moving, but he's past that point now, leaving the employer in the stronger position to negotiate it now.

Interesting case. If he already sign the contract, can he get out of it?

 

[MamangDudul]

Interesting case. If he already sign the contract, can he get out of it?

Indeed interesting. My guess is that if the contract is illegal, due to the work regulations for foreigners in Indonesia, he should get out. An illegal contract should be void.

 

[snpark]

At the moment he is still on his visitor's visa and will not commence work until the kitas work visa is approved. There was no enquiry about his visa status when renting the house.

I suppose I should have asked about theoretical responsibility of the employer. Do you happen to have a link to the actual rules regarding kitas work visas? Even with the evidence the employer might just shrug and say bad luck. It does not augur well for his employment if the employer has deliberately avoided the responsibility. I suspect if there were a quiet period the owner would probably just lay him off until things got busy.

I bet there wasn't either! Lol for the house. Take the money. What does the owner care? Better for him if your buddy gets deported.

Come on you've been here long enough. How can your friend possibly be working here for a company that doesn't exist in Indonesia? Who is the sponsor?

You should ask him this yourself. You know the rules. And how and where was he recruited? Has he been to their Jakarta office? What was he told? What's he been doing here? Who is he in contact with about the visa etc?

So many red flags.

 

[Dave70]

If employer has job openings and is hiring to fill a vacancy, then employer pays for everything (including visa and work permits) if he really wants to get him on board.

Looks like job seeker is desperate to move to Indonesia, so he accepted the offer. For the employer, it's take it or leave it, the new recruit doesn't have to be from Holland or even a foreigner.

There is no clear rules who pays for what, it's either a buyer's market or the seller's market. In other words, depends on negotiation. But usually, employer pays as he needs the talent.

 

[fastpitch17]

Even if he pays for his own kitas, there will still be the requirement of a work permit. Has the employer mentioned that? The employer pays for that fully. No work permit, no legal hire. I'm thinking there will be a cheap motor being unloaded and a sub lease for a house being offered. Employer probably isn't a Singapore company either. Sounds good though.

 

[Brian86]

Interesting case. If he already sign the contract, can he get out of it?

Easily. They have not provided him the opportunity to work by providing him a work permit. But getting out of it is all he can get, there will be no compensation, and since he never had a work permit, they are not obligated to pay his return airfare.

 

[Samoerai]

I have a friend that is a certified divemaster and he was told by several companies that they couldn't legally employ him.

I wonder why? Would there be so many divemasters in Indonesia, that Manpower will not issue workpermits to foreign divemasters?

 

[Shadrach]

I wonder why? Would there be so many divemasters in Indonesia, that Manpower will not issue workpermits to foreign divemasters?

Maybe because they are not paying for their proper permits either!

 

[snpark]

I think for Bali tourism diving. No

But the hardcore commercial rig diving etc yes.

 

[centurion]

I think for Bali tourism diving. No

But the hardcore commercial rig diving etc yes.

Tourist diving companies are allowed to employ foreign divers and diving managers.