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what do you think of this contract??
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tanyakenapa



Joined: 06 Feb 2007
Posts: 180
Location: Batavia

PostPosted: Tue Jul 27, 2010 11:05 am    Post subject: what do you think of this contract?? Reply with quote

this is for a friend.... not myself....to teach at a school in Bandung ... I'm happy back in Oz for the time being :p

LETTER OF OFFER

Thank you for your interest in xxxxxxxxx, are pleased to offer you employment with the School on the following terms and conditions.

Job Position:
Classroom Teacher of the School in charge of children aged 6 to 12 years old, with maximum 25 children in a group assisted by one classroom helper. You can be assigned to different age groups from time to time at the School�s discretion based on the need that arises.

Extra-Curricular Activity teacher, for classes that the School might offer to parents from time to time during your working hours.

Job Descriptions:
The detailed job description and Staff Performance Review Form will be given to you during your orientation.

Working Hours:
Your working hours will be Monday to Friday, 7:00am � 4:00pm. You will be required to attend all School�s children and marketing events that are outside of the normal working hours with no extra pay. This will include children concerts, open houses, marketing exhibitions and others.

Compensation:
Your monthly salary will be Rp. 15.000.000 (Fifteen Millions Rupiah). This salary is already inclusive of all allowances. The increase is between 5-10 % according to the economy inflation and your performance.

Employment Contract:
You will be required to sign a 1 year employment contract, ending on July 31, 2011 (1 year). 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.

The school will arrange for your KITAS and VISA with all the processing expenses.

Other Benefits:
After probation, you will be entitled to medical reimbursement amounting to 80% of your doctor�s bills and prescriptions, with the maximum not exceeding Rp 2.000.000 (Two Million rupiah) per year.

You will get housing allowance as much as Rp.7.000.000 (Seven million rupiah) each year.

Travel allowance is provided if you have to travel for special occasions. The school does not provide the daily travel allowance for expatriate teachers.

Children education program is available based on your working period:
- Up to 5 years, there is 25% discount for tuition fee and 50% discount for enrollment fee.
- More than 5 years, there is 70% discount for the tuition fee and 50% discount for enrollment fee.

Summer Holiday and Special Holiday Program:
The School may run a summer holiday program in June/July and also a program on holidays such as Lebaran and Christmas. Your salary covers teaching or participating during these periods. You will receive 12 month salary in a year and you are required to attend 42 weeks of teaching in a year plus 1 week of teacher in-service.

Absences:
We allow 6 (six) paid sick days in a year, anything more than 6 days will cause a deduction from your salary. Any other absences for whatever reasons (other than the common Compassionate Leaves for marriages, funerals and child births) will be counted as unpaid leave. We expect you to schedule your personal leave during our School�s holidays.

In-service training:
The School usually reserves one week in a year for In-service training or outing. You are required to attend this when arranged. Failure to attend will be counted as unpaid leave and your salary will be deducted accordingly.

Trainings and Supports:
The School will provide you trainings with no expense to you. There will be some training that you are required to attend and some others that are optional, depending on your individual needs. Your voluntary attendance at the optional trainings will be counted as a positive point in your performance evaluation. The School also has a library of Teacher Resources that you can borrow.

Should you agree with the above terms and conditions, please sign a copy of this letter. We welcome you to join our xxxxxxxx family.



Sincerely,

xxxxxxxxxxx
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jhemmila



Joined: 15 Feb 2008
Posts: 49
Location: Batam, Indonesia

PostPosted: Wed Jul 28, 2010 1:38 am    Post subject: Jeez! Reply with quote

Wow, it seems harsh. Just the language used in the contract gives me the impression that they don't like this person.

I would have a problem with the early-termination clause, the part where it says you have to work during Xmas/Lebaran break (!!!) and the BS "probation period".
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rayman



Joined: 24 May 2003
Posts: 427

PostPosted: Wed Jul 28, 2010 4:27 am    Post subject: Reply with quote

Quote:
We welcome you to join our xxxxxxxx family.


The owner had an abusive childhood?
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Gajah Oling



Joined: 28 Feb 2005
Posts: 62
Location: Jawa

PostPosted: Wed Jul 28, 2010 5:00 am    Post subject: Reply with quote

Also, I'm not seeing any reference to vacation days other than national holidays. Even my EF contract gave me that.
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basiltherat



Joined: 04 Oct 2003
Posts: 952

PostPosted: Wed Jul 28, 2010 6:19 am    Post subject: Reply with quote

...... and we, of course, have to assume that the employee gets 3 months' notice if the school wants to terminate.

Best
Basil
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basiltherat



Joined: 04 Oct 2003
Posts: 952

PostPosted: Wed Jul 28, 2010 7:58 am    Post subject: Reply with quote

when reading contracts of this sort, I have a good chuckle at the 'what's in it for us' tone.

Read through many contracts and you'll find there is an excessive amount of detail in respect to what they demand / take / get (out of it) and very little on what they actually offer to the employee besides the very basics and things that are actually free or cost very little e.g. exotic scenery, cool climate etc and local language classes.

Best
Basil
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travelNteach



Joined: 14 Jul 2009
Posts: 222

PostPosted: Wed Jul 28, 2010 9:13 am    Post subject: Reply with quote

1. the contract doesnt mention return airfare or 13th month salary, both of which are required by indo law.

2. the contract does not mention the amount of teaching hours per week/month.

3. why are the teaching description and staff review giving during orientation when the contract has already been signed? i would definately want this prior to signing any contract.

4. the bit about early termination is very poorly written and open to different intrepreatiions. i would want clarification on this. in addition, every contract i ever had spelled out reasons for early termination by the school and the teacher. this contract doesnt have that. one contract i was offered stipulated that i could be terminated immdeiately if i was considered rude at any time by a fellow teacher, student, or parent. this included failure to say "good morning".

5. according to this contract, they can run all the extra-curricullar programs they want and your friend must teach them free.

6. i have a friend tha does marketing almost every weekend and at least 5 weekend trips a year with students, all not paid. in addition, there are spelling competitions, debates, speech contest, school dances, community volunteer work, fun day, sports days............... and the preparation for these events, that he is requred to do for free. he barely has time for his wife and daughter. like your friends contract, all of this is unpaid. there should be a clause limiting the amount of marketing time and extra curricular activities that are unpaid.

7. according to this contract, the school can run all the programs it wants during holiday periods. they could virtually wipe your your friends vacation time and dealing with 6-12 year olds, he/she will certainly need the recouperation time. my friend is supposed to get 7 weeks holiday a year, but after school trips, special events, marketing and teacher training, he comes out with about 3 weeks to himself.

tanya you lived in indonesia long enough both as a student and teacher to know that this contract is overly vague and leaves your friend open to being taken advantage. take a look at some of your, old contracts, or ask members here for contracts for international/national plus/ or languages schools to see all the vital information that is missing from this contract. people can always black out their salaries. and absolutely demand a teaching description.
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tanyakenapa



Joined: 06 Feb 2007
Posts: 180
Location: Batavia

PostPosted: Wed Jul 28, 2010 11:09 am    Post subject: Reply with quote

travelnteach Smile oh for sure I've given her my thoughts on this contract, I put it up on the board here to get other peoples input as well for her, and I have emailed her the replies.


thanks everyone
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malu



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

PostPosted: Thu Jul 29, 2010 10:41 am    Post subject: Reply with quote

Note the medical cover of Rp2jt per year.

Yesterday I came out of hospital after a 3 day stay due to a bleeding gastric ulcer. It wasn't one of the international hospitals, was a fairly routine admission, and the treatment involved a quick look with an endoscope and medication.

The cost: a shade over Rp6jt

You can easily mount up bills of ten times that amount if surgery or complex scanning is required.
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benbobaggins



Joined: 17 Sep 2007
Posts: 60
Location: Jakarta

PostPosted: Sat Jul 31, 2010 5:40 am    Post subject: Reply with quote

Quote:
1. the contract doesnt mention return airfare or 13th month salary, both of which are required by indo law.


@ Travelnteach

I wasn't aware of this - do you have link to the law? My current school has no return flight for 2 years in contract. No bonus also in contract but I got it 1st year, but this last academic year I got less than 10% - as did everybody else - they blamed it on not reaching (unattainable) targets for student admissions...

Also, what about pay-slips? I have posted a question earlier but no replies as yet...

Cheers & thanks for info.
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aku_tonpa



Joined: 03 May 2004
Posts: 63

PostPosted: Sat Jul 31, 2010 11:12 am    Post subject: Reply with quote

Check out the Ministry of Manpower http://www.nakertrans.go.id/?
From the menu click on Regulations and then undang-undang.
You can look for ACT NUMBER 13 YEAR 2003 CONCERNING MANPOWERE
On page 31 of the document it states that your employer has an obligation to repatriate you on completion of contract.

@travelNteach

Are employers under obligation to provide a flight and the 13th month bonus or just one of these?

@ benbo

I don't get a detailed pay slip each month, but I do get a notification at the end of the tax year detailing how tax has much been paid.
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travelNteach



Joined: 14 Jul 2009
Posts: 222

PostPosted: Sat Jul 31, 2010 1:10 pm    Post subject: Reply with quote

aku_tonpa: nice link on the airfare. this is law for all expats working in indonesia.

Ben: dont have the link on the 13th month payment, but it is law that all regular employees are guarenteed a 13th month salary (religious bonus) under indo law. why do u think EF gives it? this covers all indo and expat workers.

dont know that law about payslips or if it is left up to the school's accounting department. however, i get a monthly pay slip that shows the amount of taxes paid.
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malu



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

PostPosted: Sat Jul 31, 2010 1:30 pm    Post subject: Reply with quote

Very useful info, guys.

I must say I don't get payslips but I do get an annual tax statement (with the correct amounts paid, I should add).
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extradross



Joined: 23 Apr 2010
Posts: 81

PostPosted: Sat Jul 31, 2010 6:04 pm    Post subject: Reply with quote

I believe that air ticket 'repatriation' is only applicable to those hired 'outside' the country-the 13th month 'bonus' however is required by law-but get this, some schools will only pay this to expatriates according to 'Indonesian' law related to your religion. Therefore-a first year teacher is for example Islamic-he gets percentage of the year's salary say, june to October at idul fitri. He will only get the full year's payment during his 2nd year of employment. Sneaky eh? A method employed by High/Scope for example.....
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benbobaggins



Joined: 17 Sep 2007
Posts: 60
Location: Jakarta

PostPosted: Sun Aug 01, 2010 2:23 am    Post subject: Reply with quote

@ aku_tonpa - thanks for the link
Very Happy

However, as pointed out, if a school is hiring from within, and, therefore not paying for a flight, it does not state that they are required to pay for a flight. It doesn't not state it either... darn, those pesky lawyers and their jargon speak...

In theory, they could be buggers and get a flight on the worst airline at a time which that I don't wish to leave...

Bonus - So, ANY religion MUST get a bonus at Idul Fitri or at appropriate time of year? This is great but, again, evidence is needed if I'm to make (another!) stand against HR...


Pay Slips - I do get the yearly tax thingy, not 100% accurate I must say... I really would like pay-slips, what with mortgages etc in the future, they could be useful.

Thanks all again - lets keep this open and try to relay how we deal with this to put pressure on our respective employees.

Ben
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