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Laws and Regulation about Expat Employment security

alderick

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...

Thanks

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Ubudian

Corporate 鈥減olitics鈥 are as alive and well here as anywhere else on the planet.聽

With that said, CEO鈥檚 have great discretion here, (as anywhere) in the hiring and firing of subordinates.聽 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鈥檓 sorry, but what else to say other than, 鈥渨elcome to the world of corporate business?鈥

My advice to your brother is simple.聽 Get your CV up to date and start exploring the job market, 鈥渉ead hunters鈥 included.

Hansson

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.

Ubudian

And I somewhat agree that a 鈥渕eeting鈥 could be potentially beneficial, but that comes with potentially severe pitfalls.聽 Most notable among those pitfalls is the undeniable 鈥渙n the knee鈥 position that such a meeting puts one in.

Having myself聽 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 鈥渋n hand鈥, that offer being something which is more than fine for me to take, and be able to declare 鈥渧ictory.鈥

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.聽

Life and survival in the corporate world is pretty simple鈥ook out for yourself鈥ecause nobody else is going to do that for you.聽 聽;)

tel522

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

Ubudian

鈥渦nfortunately as a foreigner here your brother has little or no legal rights鈥︹

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

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

I have, several times鈥nd each of those times (on both levels) I was totally satisfied with the outcome.聽

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?聽

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

tel522

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 .

Ubudian

My point is simple鈥nless 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, 鈥渢here are two sides to every coin.鈥

Without details, specifics and documentation鈥here is no point in telling stories about 鈥渟o and so鈥 who got 鈥渞ipped off鈥 by the legal system.

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

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

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鈥et to know the poster.聽 聽;)
_________________________________________________________

My Interview with 禁漫天堂:聽 /en/interview/292_roy-in-bali.html

Some of my Writings on Bali:聽

tel522

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

Ubudian

Indeed.聽 So you say.聽

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.聽 By that I mean that I never let a lawyer get in the way of a good deal.聽 In other words, I鈥檇 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.聽 聽;)

Christine

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,
Christine
禁漫天堂

tel522

i agree , we are off topic

alderick

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..
Alderi

Ubudian

Provisions for termination should be outlined in his employment contract鈥hich you say you do not have.聽 Without that information, I can鈥檛 envision more information being provided to you than what has already been offered.聽 聽;)

juntak

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