Job Discussion Forums

aku_tonpa · Joined: 03 May 2004 Posts: 63

Try this link
http://www.nakertrans.go.id/perundangan.html,1,230,7
Permenaker Nomor :PER-04/MEN/1994 Tentang Tunjangan Hari Raya Keagamaan

It is in Bahasa and mine is pants, so maybe someone can help.

Apologies in advance if the address is wrong or the document isn't relevant.

aku_tonpa · Joined: 03 May 2004 Posts: 63

I had a friend phone the Ministry of Manpower and ask about Tunjagan hari Raya. They asked if Pasal 2 included expats as perkerja (worker). They were informed that it does.

Next stop HRD.

flingwing · Joined: 10 Jun 2010 Posts: 16 Location: Jakarta, Indonesia

I'd like to question that contract's penalty clause for leaving early:

"Should you want to terminate the employment contract before the end of its term, there will be a penalty on your part amounting to your 3 month salary which you should pay to the School before the termination, such termination can only be granted if you give the School prior written notice 3 (three) months before your intended termination date".

I have seen another contract that calls for the employee to pay the school the amount of his/her (unworked) salary for the year if not completing the contact. That is, if you left after, say, 4 months, you'd have to pay the school an amount equal to 8 months' of your salary. In this school's case, it had a history of teachers leaving early before contracts were finished.

Question: do you think contract clauses like these would be enforceable if it came to collection attempts?

malu · Joined: 22 Apr 2007 Posts: 1344 Location: Sunny Java

No. It is virtually impossible to enforce collection of a debt through the courts here. It is fairly standard practice to require the FT to repay - pro rata - the visa and permit costs for the portion of the contract not worked but to summarily demand the equivalent of three months' salary is absurd.

flingwing · Joined: 10 Jun 2010 Posts: 16 Location: Jakarta, Indonesia

travelNteach · Joined: 14 Jul 2009 Posts: 222

seems more like sometime with a poor command of english trying to write like a lawyer and not really making any sense. there are a couple of ways to intrepret that statement.

at my school, as long as you give 3 months notice, u dont have any penalaites. however, if u give less than 3 months notice, u get docked 1 months salary.