new advice asap

A code of conduct violation is usually something that is NOT minor- look at the code of conduct- you really should have one- I suspect it will state things succh as not hitting the kids/ not smoking unless in designated areas/ not stealing/ not abusing the kids... no matter what the employment these are serious violations.
 
Yes I did say that it was common but they didnt want to hear that, just wanted to continue to make me the "whipping boy"
The clause also mentions violating contract and job description sorry was paraphrasing
 
well stand your ground, don't be agressive or anything, but don't let them push you around or threaten you. Seems to me , they are the ones on less than stable ground.
You have your passport, you should have your visa stamped in it- they can not do anything about that (unless there is some mini magical loophole in the rules that permits an uninvolved 3rd party to come along and mess with the relevant party's legal visa status). Not a thing they can do to get you kicked out of the country - UNLESS you did something illegal- that would violate the conditions of your ITAS.
 
thanks all for your advice. I didnt do anything illegal, so now I just need to make an appt with nakertrans. They had the phone off all day today. But I did email them already.
 
I'm sure you didn't. I hope I did not imply that you did. Your employer however MIGHT have done something less than legal, if they told nakertrans they were your visa sponsors.
 
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.

Goes both ways...
 
Education seems to be quite a shady sector in Indonesia. I've now seen a few stories in the forums about expats who've had issues with schools.
 
To me, the only person who can cancel a spouse sponsored kitas is your spouse and no one else.
It's not exactly true, lifelongexpat. The spouse can not cancel a spouse sponsored kitas. She can only refuse to renew her sponsorship, but usually if it happens it means that the couple has already serious troubles.

Only Imigrasi themselves can cancel an ITAS.

Imigrasi can legally cancel an ITAS if:

  • an ITAS holder dies
  • an ITAS holder returns home
  • an ITAS holder is deported
  • it is decided by Depkumham for whatever reason (it has to be seriously motivated though, such as for example the case of an ITAS which would have been issued on the basis of false/tempered documents...etc)
  • an ITAS is converted in an ITAP
  • it expires without being renewed.

Now this is where it becomes amusing... The employer stated that the ITAS will be cancelled due to the fact that they consider that the ticket back home implies that the ITAS holder returns home as per point 2 above. They just conveniently forget that an IMTA shouldn't have been issued on the first place to someone who is not sponsored by a company. An IMTA associated to an ITAS sponsored is an accepted construction, but it is not a legal one. Depnaker close their eyes and issue IMTAs, but they just forget one point: the company has no more control of the residency status of the ITAS holder and therefore the "returns home" rule can not work.


If I were Bronze7, I would tell them (the school) to pay the return ticket and to mind their own business, making sure to stick to the Law if they don't want to be in troubles. They have to repatriate him, whatever his status is. He has been (unlegally though) considered as a TKA, they now have to respect the Law concerning employment of TKA. As an ITAS holder sponsored by a WNI spouse, Bronze7 can returns home, stay there 1 day or 6 months, it is none of their business.

For further reading on cancellation of ITAS, please read art. 51 UU 6/2011.
 
Mind you, as I understand it schools cannot gain an IMTA on the basis of a spouse sponsored KITAS.
You are totally right. Though an IMTA should never been issued on a basis of a spouse sponsored KITAS, it is still a common and convenient practice. It avoids depnaker and the government to pass the regulations and guidelines needed to fully implement art. 61 UU/2011 (right of work/do business for foreign souses of WNI). Such regulation would see the DPKK amount quickly melting and this, the government doesn't want to hear about it.
 
Atlantis, do you recommend that i got to depnaker and make a mediation claim or would that put me into any trouble? I asked the school to give me a flight back to the usa and 1 month severance pay. they said since they are a yayasan or maybe a education institute that they didnt have to pay severance pay and that the return flight UU is only to send me back to jakarta. Also as I was put on leave by them I seen pasal 156 says i should be still getting paid. They paid me 100k for the month of march and didnt pay me for private lessons setup through the school.
 
Atlantis, do you recommend that i got to depnaker and make a mediation claim or would that put me into any trouble? I asked the school to give me a flight back to the usa and 1 month severance pay. they said since they are a yayasan or maybe a education institute that they didnt have to pay severance pay and that the return flight UU is only to send me back to jakarta. Also as I was put on leave by them I seen pasal 156 says i should be still getting paid. They paid me 100k for the month of march and didnt pay me for private lessons setup through the school.

Yes, they do have to pay severance. And the flight should be back to your home of origin. I don't know about the leave or not, but most likely they should pay what the contract says.

I cannot imagine you'd get in trouble with Depnakar, useless you have been working illegally etc
 
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... ?

He'd know if they'd done that as he would have had to visit immigration for the photos and so on.
A spouse can remove sponsorship (Happened to a dude a couple of weeks ago and she seems really surprised he wants a divorce), and immigration can cancel it, but the school can't.
Whatever the reason for the breakup with the school, they can't touch a wife sponsored KITAS themselves but they could drop a complaint with immigration if they're a nasty bunch of dogs.
How far that would get if no laws have been broken is debatable.
 
Yes, they do have to pay severance. And the flight should be back to your home of origin. I don't know about the leave or not, but most likely they should pay what the contract says.

I cannot imagine you'd get in trouble with Depnakar, useless you have been working illegally etc

I did the first mediation, and no one from the school showed up! Idiots just trying to make it hard on me. I had another appointment today and they rescheduled. While at the first meeting dapnaker said that according to pasal 42 I am not entitled to severance pay, I read No. 42 and I dont see anything saying that. I also went to immigration today to renew my visa and once they heard the name of the school(they said the school has a bad rep in this small city for employing volunteers illegally) they didnt want to renew my visa, but after talking nice to the guy he said he would process my extension.
 
Oh ya forgot to mention...my visa was not cancelled. It must have been a scare tactic to sign the termination letter.
 
I did the first mediation, and no one from the school showed up! Idiots just trying to make it hard on me. I had another appointment today and they rescheduled. While at the first meeting dapnaker said that according to pasal 42 I am not entitled to severance pay, I read No. 42 and I dont see anything saying that. I also went to immigration today to renew my visa and once they heard the name of the school(they said the school has a bad rep in this small city for employing volunteers illegally) they didnt want to renew my visa, but after talking nice to the guy he said he would process my extension.

On the other thread you said you have a VOA ?
 
yes, my wife wouldn't extend my kitas so I had to make a visa run and come back on a voa
 
I did the first mediation, and no one from the school showed up! Idiots just trying to make it hard on me. I had another appointment today and they rescheduled. While at the first meeting dapnaker said that according to pasal 42 I am not entitled to severance pay, I read No. 42 and I dont see anything saying that. I also went to immigration today to renew my visa and once they heard the name of the school(they said the school has a bad rep in this small city for employing volunteers illegally) they didnt want to renew my visa, but after talking nice to the guy he said he would process my extension.

Perhaps severance is the wrong word as it applies to permanent staff only. (Usually WNI).

Where you on a contract? In which case they have to pay it in full. Eg: worked 6 months of a 12 month contract means they need to pay 6 months.
 
Yes I was on a contract although the HR didnt make it 1 year only till the end of the school year(I started in November) so they still owe me 2 months and ticket home. Thats what Ill be asking for on Friday. Hopefully they agree because it is becoming a long waste of time.
 

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