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Termination of expatriate teacher contract without cause

Discussion in 'Employment Law' started by oj rock, Jan 4, 2019.

  1. oj rock

    oj rock New Member

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    hi,

    I hope I can get some assistance.

    I was employed by a private school august 2018- august 2020. My contract was cancelled by my principal unilaterally without cause in December 2018. There were no performance issues or warning letters.

    He dated the letter December 7 as the effective date of ending the working contract. He tried to pay me until February 2019.

    1. I would like to know my rights for payment of my full contract or until the end of my annual work permit October 2019.

    2. Flight and moving expenses options. As I am due arriving and departure flights

    3. I am a whole school counsellor and I had a conversation with the principal regarding the Boards preference to have a “white face” in the primary section. We laughed together as they must be disappointed with my “black face”. Then 2 days later he cancels my contract. What rights do I have? Is this criminal, civil, or some other violation? How will I process this complaint? Is this discrimination protected by law?

    4. Am I entitled to severance pay, 15%housing and medical, etc?

    5. The contract allows for unilateral cancellation of the contract with 60 days notice. However is this allowable by law. It appears termination of contracts in Indonesia must have certain stipulation or reasons. I did not receive 60 day notice but he try to give 60 day payment.

    6. Is there any assistance or complaint about

    7. Is the department of labour or department of education a helpful resource? How can they help.

    8. The principal tells everyone I “resigned due to personal reasons”. I did not resign. Is this a violation if he uses this reason to the department of labour, immigration. or the department of education as giving false information?

    9. Do I need a lawyer or can I fight myself?

    Thanks for your assistance!
     
  2. snpark

    snpark Well-Known Member Cager

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    Honestly be grateful they even pay you up to next month

    Try find a new job and hope they let you change visa

    Suing will cost money and aggro even if you are or think you are innocent.

    Just negotiate for your visa release EPO etc etc and ask that they do that and give you a reasonable reference and you will be happy to call it quits if they do that and pay you until end Feb and you will go "quietly" but don't use that term

    Even if you did win you will only screw yourself later on
    Yeh it sucks but that's just the easiest and calmest solution

    Welcome to Indonesia
     
  3. oj rock

    oj rock New Member

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    This response sounds like a person from this school . The advise does not sound credible
     
  4. El_Goretto

    El_Goretto
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    It is indeed a very pessimistic outcome but it is how things often go here in Indonesia.

    You have been wronged indeed and you can definitely fight for your rights. However, your chances of succeeding depend very much on several factors:

    • How much are you willing to spend? Like everywhere, legal fees are costly.
    • How much are you willing to compromise? This is Asia, it always has to be a win-win/save face type of situation.
    • How good is your command of the Indonesian language, local culture and customs as well as local legal procedures? This is by far the most important factor in determining how far you can go and whether it's worth it for you.
    Regardless, you need to secure a new stay permit for any chance to fight for what is owed to you. So looking for a new job should be a top priority.

    As for the details of what exactly is owed to you, I apologize, I don't have sufficient technical legal knowledge to provide accurate answers. However similar questions have been asked in the past so you should be able to find some answers by using the search function.

    I'm also sure someone will chime in. Be patient, everyone is on holiday or coming back so things are a bit quiet around here.
     
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  5. snpark

    snpark Well-Known Member Cager

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    Well sorry no I am not from the school
    Read the forum and see what many others have said and done

    Or go ahead and sue etc etc and win a few thousand US$ then pay the lawyer then find you are blacklisted to working here for whatever reason

    You asked, we told you. Feel free to ignore advice and do your own thing of course.

    The only thing connecting me to any school is getting a gf to dress up like a school girl for Halloween or my bday
    p.s no I am not Peter D File either
     
  6. oj rock

    oj rock New Member

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    Yea you work for the school!
     
  7. oj rock

    oj rock New Member

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    1. Manpower department of labour will fill your medications for free and no lawyer needed for this process..
     
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  8. oj rock

    oj rock New Member

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  9. El_Goretto

    El_Goretto
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    I'm pretty certain snpark is not from your school.

    I understand you must be quite stressed and paranoid but you need to chill if you want any sympathy here.
     
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  10. El_Goretto

    El_Goretto
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  11. oj rock

    oj rock New Member

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    I think you work for the school too!
     
  12. El_Goretto

    El_Goretto
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    OK, this is getting ridiculous. I'm out. Good luck.

    Moderator note to our usual members: while it may be tempting to play along the OP's paranoia, remember that this is the Law section which we try to keep clean. On-topic posts only, thank you.
     
    Last edited: Jan 4, 2019
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  13. snpark

    snpark Well-Known Member Cager

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    Yeh what he said ^
     
  14. oj rock

    oj rock New Member

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    I never asked for your sympathy
     
  15. snpark

    snpark Well-Known Member Cager

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    No you asked for advice. And you got it .

    Hence feel free to ignore us. I will grab my popcorn. But please promise to keep us updated.

    Cheers
     
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  16. oj rock

    oj rock New Member

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    I didn’t get any useful information...just the people from the school replying.
     
  17. Nimbus

    Nimbus Active Member Charter Member Cager

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    Nevermind.
     
  18. snpark

    snpark Well-Known Member Cager

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    No wonder you got fired
     
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  19. William King

    William King Well-Known Member Charter Member Cager

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    Sorry to hear that.

    Was he/she the one who hired you?

    They MUST have a reason (from a published list) to fire you... Please ask what it is. Manpower are quite specific.

    Do you have your own passport in your possession?
     
  20. Puspawarna

    Puspawarna
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    Though it's not hard to be sympathetic to your point of view, please take El_Goretto's advice in post #12 to heart. We mods are much less fun in this channel than in other parts of the forum, because of the serious nature of the issues dealt with here.

    oj rock, that goes for you too. We're happy to help with your questions and understand you are in a stressful and quite possibly very unfair situation. But baseless claims that anyone who doesn't tell you what you want to hear must work for the school that is giving you trouble won't help your cause.
     
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