Employer refuses to issue an EPO unless I pay 7 months salary

If everything you describe is truthful and accurate (and Im not suggesting it isnt) then youre being extorted which is a crime of course.

If I were in your shoes I would tell the administrator at the international school that you are about to do two things:

A)    File a criminal complaint with POLDA in Jakarta.

They wont like that given all the current negative publicity surrounding the Jakarta International School (JIS).

B)    Visit the US Embassy in Jakarta and talk to someone there who can offer assistance (which they will do for American citizens who are being victimized by crime).

You are running out of time, so Id make that phone call to your past employer as soon as possible.

Double check the contract...just in case.
It would make sense for the school to have added a clause to make you pay if you leave early.
Hiring an expat is expensive; try to see both sides.

Thanks for your response, I appreciate it very much. I'm worried that if I 'threaten' them they will try and deport me or make it difficult for my new job here in Indonesia. My wife is Indonesian as well.

Thanks for your reply- I have checked the contract over and over again. Actually my employer admits there is nothing about this in the contract but says that it is Indonesian Law (Article 62 of Number 13, 2003) law that REGARDLESS OF WHAT IS IN THE CONTRACT I am entitled to pay the remaining year (though they have since 'generously' reduced it to 7 months...)

Below is the article of my contract to which I refer, but my employer says is not valid:

7.10  Either the party may terminate your employment without giving any reasons by giving to the other not less than six (6) calendar months notice in writing or by payment of six months Gross Salary in lieu of such notice or where such notice in writing falls short of the six (6) calendar month, by payment of the appropriate proportion of the six (6) months Gross Salary and the SECOND PARTY (the employee) are further liable to reimburse the FIRST PARTY (the employer) up to US$3,000 being the cost of applying for the working permit and bringing you over to work in Indonesia.

If it isn't in the contract, it probably can't be enforced.
However, I'd be shocked if there wasn't something in there about the work permit, KITAS and transport costs.
If you've done a full year, they probably have yet to get the new ones so watch out for them trying to screw you.
That would be attempted fraud, leaving the school in a really bad position.
Record conversations without telling the school you're doing so.

You beat me to it with the contract.
I see it is in there, but only matters if you have not done a full year.
Another moral here - if they want two year contracts, it may mean staff dislike working there and they're trying to tie you down. 1 year, as I understand it, is the norm.

Thanks for your comments. According to management, they have found a replacement teacher. Do you know if there limits to how many KITAS visas a school can issue?

"I'm worried that if I 'threaten' them they will try and deport me or make it difficult for my new job here in Indonesia."

Exercising your right to protect yourself from criminal extortion is not being threatening. 

If you have fully complied with the contract, then they haven't a leg to stand on.

It's up to you to decide whether to be the victim, or to take advantages of the protection available to you.

At the very least you should stop by the US Embassy and discuss this with them.

Definitely, this year more than 30% of the teachers left. I was foolish enough to sign a two year contract...

Why did they all leave and do tell us which one if you can but we understand if you can't.

Well, I can' speak for all of them but for most it seemed like a salary (size) and benefits (housing) issue. That was definitely true for my case. Management told me that they are dealing with these issues and that new teachers may have it better... who knows

"I was foolish enough to sign a two year contract..."

OK, so now you offer additional information not previously offered.

What is your intention here?  Are you looking for sympathy and attention, or are you looking for help?

If you're looking for the former, sympathy and attention, then you're in the wrong place.  But if you're looking for help, then be honest and not play games by adding something later on which changes everything.  Otherwise, you are just wasting our time.

In fact, anyone with such a serious issue at hand as you describe should be smart enough to know where to go, and how to find a fair resolution. 

Goodbye!   

I don't understand your post? I appreciate your help very much.

What new information are you referring to?

Was the contract in full English or both Indonesian and English because that  can make matters worse. Also if there were verbal contractual agreements made at the start these are more than likely not to be honoured unless witnesses were present and I have heard of a fair few schools stating things but not backing them up in writing.
Another concern is that the school would have spelt out clearly the fines for breaking contract due to the costd involved in hiring and regardless of when they told you to pay this, they will expect you to pay if it is written. If you resign then the employer will want to claw some money back whereas if you get fired they lose.

The points you wrote from your contract state clearly the penalties in my opinion for breaking early if you never gave 6 or months notice. Again if you signed the contract without asking questions then it will be a huge shock. You said the employer told you that 7.10 was not valid yet this is the clause thay tells you what is needed to pay if you want to break. Does the person you are dealing with have a good grasp of English? Or is it being translated because if so then it sounds more like a communication issue.

Finally if you did sign and agree to the contract at the start and now because you are breaking contract and disputing payment then it could get more complicated. As mas fred and Ubudian have said get to the embassy quickly and get some help if they offer it and do take their advice.

I'm sorry, my fault, ma'af, ma'af as you did in fact make it initially clear (in your first post), that you were on a two year contract. 

Please forgive me for that error, and allow me to revert back to my initial post on this thread, as well as Luke's latest response...get thee to the US embassy.

Thank you all for your help- invaluable. Apologies Ubudian for any confusion, your point about the seriousness of the matter really hit home. Going to the embassy Monday (already emailed them and they are going to contact my employer) and meeting with a lawyer on Saturday.

Please let me know if there is anything I might be able to do to repay you for your help.

"Please let me know if there is anything I might be able to do to repay you for your help."

You already have, by saying what your plans are for Monday. 

Best wishes, and kind regards.

josephcali wrote:

Thanks for your response, I appreciate it very much. I'm worried that if I 'threaten' them they will try and deport me or make it difficult for my new job here in Indonesia. My wife is Indonesian as well.

That makes deportation unlikely.
Have you been married for over 2 years?

Hi Mas Fred, yes today is our 6th anniversary. Thanks for your help.

josephcali wrote:

Hi Mas Fred, yes today is our 6th anniversary. Thanks for your help.

6 years. You can get a KITAP.
That allows you to work....but I understand you still need a work permit.
Rp3 million.

I'm unsure how you would convert as I've never done that.

Can my employer extend my KITAS without my permission (or passport)?

My employer now says that because the matter (our contract dispute) is not settled and my KITAS is expiring 30 June 2014, they are extending my KITAS and that I will have to pay for this extension if the matter is not settled by 24 June 2014.

BTW, US Embassy says it can do nothing- they do not intervene and suggest only that I seek the help of a lawyer. They spoke with my employer and told me that I should have my lawyer contact him (which I am)

Thank you Gulkhan786, I will contact you shortly.

I am not sure you can extend a Kitas but I could be wrong.

Hi Lukereg,

Found an answer to my own question online
(http://brianindonesiaexpat.blogspot.com … expat.html)

... yes they can, all that is required is the following:

B)  Requirements for Extension

      1. Application Letter Request for Approval from the company.
      2. Extension Form of Work Permit for Foreigners.
      3. Copy of Worker Employment Plan.
      4. Copy of KIM's.
      5. Recommendation from Manpower Department.
      6. Book of Legitimization of Prior Permit.
      7. Book of Tax Payment for Foreigners.
      8. Book of Report on Foreign Worker's Arrival at Manpower Dept.
      9. Copy of Employment Contract.
      10. Report of Realization of Education and Training Implementation.
      11. Copy of IWPL Payment for Position that is obliged to pay IWPI.
      12. Photographs (2) size 4 X 6 cm (black and white).

To go to all that trouble, how long is the extension and are you still working there for the extension? Does that mean your passport has already been stamped with an exit stamp?

You have to sign the KITAS. Don't, and make immigration know they're applying without your consent and you won't be working there.
If they apply for an immigration document for work, knowing you won't be working, they would be guilty of a serious crime.
If they try to force this, contact the police.
If they do it without you knowing, all the more serious.

Of course, you only need an exit permit if you intend to leave the country.
Pop to immigration, be honest about the situation and ask if you can apply for a wife sonpsored KITAP.

Hi Lukereg,

No my passport hasn't been stamped- there is no EPO. But I don't think they need this for extension (a KITAS can be extended 5 times, I think, by the same company without leaving the country)

Thanks mas fred, I will do this monday (still hoping the lawyer I'm meeting tomorrow will be able to help)

OK, but they need your passport to that is that with you or with them. As Mas Fred said you have to sign for the Kitas and a trip to Immigration with your wife could be useful.

I've got my passport