Laws and Regulation about Expat Employment security

Good day everyone.

My is brother works in a hospitality company in Jakarta with a renewable yearly contract. It is his third year now (expires in 2017). Anyway knowing his work attitude and ethics, he likes to push people to do their job properly and on point, BUT for some reason this doesn't sit well with the CEO ( A younger less experienced person). Now he have a hunch that the CEO is trying to kick him out of his job. I do not not what was stipulated on his contract but is there a law that protects him from indiscriminate firing? If they truly want him out, what are the compensations? Please advice...


Corporate “politics” are as alive and well here as anywhere else on the planet. 

With that said, CEO’s have great discretion here, (as anywhere) in the hiring and firing of subordinates.  And, any CEO worth his or her salt can always find a legitimate reason (covered under labor laws) to encourage a subordinate to either quit, or be fired.

I’m sorry, but what else to say other than, “welcome to the world of corporate business?”

My advice to your brother is simple.  Get your CV up to date and start exploring the job market, “head hunters” included.

Yes Ubudian is correct. The CEO or any senior boss can easily find a reason to fire someone whether legitimate or false. Your brother would probably have zero chance to appeal successfully. If the CEO has made up his mind to get rid of your brother then he's better start looking for a new job. Alternative, he could try to work out his differences with the CEO by requesting a meeting with him.

If I were in his position and risked having to go back to Europe, I would try the latter.

And I somewhat agree that a “meeting” could be potentially beneficial, but that comes with potentially severe pitfalls.  Most notable among those pitfalls is the undeniable “on the knee” position that such a meeting puts one in.

Having myself  been in this position several times, and at rather high levels within the corporate world, I would never, ever have such a meeting without an alternative offer “in hand”, that offer being something which is more than fine for me to take, and be able to declare “victory.”

In the corporate world, as well as well as on the battlefield, one never, ever negotiates from a position of weakness, desperation, or lack of utter confidence. 

Life and survival in the corporate world is pretty simple…look out for yourself…because nobody else is going to do that for you.   ;)

unfortunately as a foreigner here your brother has little or no legal rights ,

“unfortunately as a foreigner here your brother has little or no legal rights…”

Whenever I hear or read that sort of comment I am compelled to ask the obvious question…

“As a foreigner living in Indonesia, have you ever experienced, or had reason to engage the Indonesian legal system...either civil or criminal?”

I have, several times…and each of those times (on both levels) I was totally satisfied with the outcome. 

If you haven't personally experienced the judicial system here, then to what benefit, and to what extent of credibility, does such a comment contribute? 

That is a question well worth asking IMHO.   :top:

here , I have witnessed a "so called" lawyer here asking for 1 billion to process a hotel sale , besides his fee , of course the deal foundered , what a joke !.

I know 2 indonesians of moderate wealth who lost 2 and 6 billion respectively ,they had a contract with a company in jakarta which was not honored, being a wealthy organization , they got no satisfaction in court , suprise suprise !

As I have said before on this topic ,you have got to be so careful here where money and the so called legal community are concerned .

My point is simple…unless you have had personal engagement, and personal experience with the legal system here, telling stories, or relaying things third hand is not very helpful.

You must know the old phrase, “there are two sides to every coin.”

Without details, specifics and documentation…there is no point in telling stories about “so and so” who got “ripped off” by the legal system.

So, my question to you is blunt:  Aside from these “stories” that you enjoy telling, have you, yourself, ever been the victim by way of corruption within the Indonesian legal system? 

If not, then I propose, and kindly suggest, that you cease and desist with such stories. 

Is that fair enough?

This forum is neither a rumor mill, or a cheap supermarket tabloid newspaper.

A suggestion to other and perhaps casual readers of this forum…get to know the poster.   ;)

My Interview with

Some of my Writings on Bali:

as I was said, I was present at the meeting when the 1 billion sweetner was requested by the so called lawyer , so it is not rumour or story

Indeed.  So you say. 

In my business experience on Bali, lawyers or notaris who ruin business deals run out of clients very quickly.

Moreover, I am very old school when it comes to business.  By that I mean that I never let a lawyer get in the way of a good deal.  In other words, I’d look for a way to bypass the lawyer and get to whomever he or she is representing.

That said, if a particular deal goes south for whatever reason, blaming the lawyers is indeed convenient.   ;)

Hello everyone,

Can we now focus on the initial subject here?

Hi alderick > do you have any other questions? Please do not hesitate to ask here.

Thank you,

i agree , we are off topic

Thanks Christine for moderating. I was about to think this has became a battle of pseudo-intellects.. Anyway I best wait for an answer that make sense and of actual help then I will ask follow-up questions.

Merci bcp..

Provisions for termination should be outlined in his employment contract…which you say you do not have.  Without that information, I can’t envision more information being provided to you than what has already been offered.   ;)

Yes, best to just keep your RESUME up-to-date so you can
look for new job elsewhere.

Here in USA, employers have "at will law" meaning
employers can fire employees "at will."
Which means they can fire an employee whenever
they want, and for whatever reason.
Which the reason may need not be revealed.

In Indonesia, it is basically "at will" as well.

-- Juntak

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