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Right to Back Wages based on Non-Notification of Contract Termination

Discussion in 'Employment Law' started by merah07, Jan 5, 2017.

  1. merah07

    merah07 New Member

    Sep 26, 2016
    As a foreigner, an Indonesian school contracted me to teach for a two year term: July 2015-June 2017. Exactly one year into the term of contract (late June 2016), I was told by the school that extension of my IMTA had been denied by Dirgen Diknas in Jakarta due to my age. The school told me they would try to solve the problem as they wanted me to return based on a good record, but waited until November 22, 2016 to tell me that they weren't able to get around the ruling and hence were terminating my contract.

    I reported to DESNAKERTRANS yesterday in pursuit of two other infractions I believed the school had committed against me, but DESNAKERTRANS was much more focused on the fact that the school had waited four and one half months to nullify the contract without contacting me. DESNAKERTRANS interprets the non-nullification of contract to be an impedance to my right to work somewhere else in Idonesia; a right I have as I have been granted KITAP. DESNAKERTRANS found my ex-employer to be especially irresponsible for issuing a contract when my age precluded legal status in Indonesia's teaching profession.

    They immediately called the school and demanded a mediation meeting between the director of my former school and myself. DESNAKERTRANS counseled me to demand back wages for the duration between last pay and notification of contract termination.

    So far, DESNAKERTRANS have shown themselves sympathetic to my rights as a worker. We are at an early stage of this process, and it's unclear what will transpire. If the mediation does not go well, I can reject the offer given me by the school and force a second mediation at the DESNAKERTRANS offices. The same goes for my ex-employer if they are left dissatisfied.

    Question: Has anyone out there ever experienced anything like this either directly or vis-a-vis another foreign national's labor mediation? Can you share with me your observation and legal opinion?

    Thanks in advance.
  2. William King

    William King Well-Known Member Charter Member Cager

    Jul 18, 2016
    No follow up ? Or was this Phiss ?

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