Before discussing foreign worker permit, it is better to find out who is foreign worker. Based on Article 1 number 13 of Law No. 13 of 2003 on Manpower (“Law 13/2003”) it is stipulated that a Foreign Worker is a foreign citizen who holds a visa with an intention to work in Indonesia’s territory.
An employer who wants to employ a foreign worker must previously acquire a written permit from the Minister or an official who is appointed to issue the foreign worker permit. An employer who will use a foreign worker can be:
For an employer of foreign worker that are not mentioned above, an employer of foreign worker which is in a form of civil association, firm, limited partnership, and business partnership is prohibited to employ a foreign worker unless stipulated otherwise by the Laws and Regulations.
An employer who is going to use a foreign worker must carefully look at the position of the foreign worker, because there are certain positions which are prohibited to be filled by a foreign worker and competency standard applies. For this reason the employer of a foreign worker must:
The foreign worker who will be recruited by an employer must fulfill requirements which are determined by the prevailing laws. A foreign worker who is about to work in Indonesia must fulfill the following criteria:
The above mentioned requirements can be excluded for a foreign worker who is hired for a job with a position of Commissioner, Director, Entertainment Organizer Business Services, and work which is temporary in nature.
An employer who will hire a foreign worker must own a foreign worker permit. A foreign worker permit is a permit which must be owned by a foreigner who is about to work in Indonesia in accordance with the prevailing laws. To acquire the foreign worker permit there are several processes which must be passed previously and documents which must be prepared. The following are the steps that must be taken for the arrangement and documents which must be prepared in order to acquire a foreign worker permit, which are as follows:
A. Foreign Worker Utilization Plan (RPTKA)
RPTKA is a plan to use foreign worker in a certain position which is created by employer of the foreign worker for a certain period which is approved by the Minister or an appointed official. For an employer who is planning to use the services of a foreign worker, the RPTKA became a ground for the issuance of Foreign Worker Work Permit (IMTA).
In general RPTKA can be given to an employer for 5 (five) years at the longest and can be extended for the same period taking into consideration of domestic employment market conditions. In certain conditions RPTKA can be given in a short period and cannot be extended depending on the characteristic and type of work which is required by the employer.
RPTKA can be given RPTKA for work which is temporary in nature, in another words for work which its characteristic is can be finished at once or type of work such as installation of engine, electricity or type of work which can be finished at once, this RPTKA can be given for a period of 6 months.
RPTKA for work which is emergency in nature can be given for a period of 1 (one) month and cannot be extended.
To acquire a RPTKA approval, an employer must submit a written application to the Director General of Manpower Development and Placement of the Ministry of Manpower and Transmigration. This RPTKA application at least consists:
Documents which must be attached in the application are as follows:
If the documents are complete in the RPTKA application, the RPTKA arrangement period can be conducted within 7 business days.
B. Foreign Worker Work Permit (IMTA)
Summited to the Director General of Manpower Development and Placement of the Ministry of Manpower and Transmigration
After the RPTKA is acquired, the employer who hires the foreign worker must acquire a Foreign Worker Work Permit (IMTA). IMTA is a written permit to hire a foreign worker from the Minister or an official who has been assigned to issue the permit for an employer of foreign worker.
An employer submits IMTA application to the Director General of Manpower Development and Placement of the Ministry of Manpower and Transmigration. However prior acquiring IMTA the employer must submit the following application:
a. Visa Wire Approval Recommendation (TA.01)
After the RPTKA is acquired, an employer is ready for arranging Visa Wire Approval Recommendation (TA.01). TA.01 Visa is a wire recommendation for visa approval for a foreign worker who is about to work in Indonesia to work.
The TA-01 application is submitted to the Director to acquire (TA-01) visa recommendation.
If the application has fulfilled these requirements, the related institution must issue the (TA-01) recommendation and deliver it to the Director of Immigration Traffic (Lantaskrim), Directorate General of Immigration at the latest on the following day by sending a copy to the employer. The TA.01 recommendation which has been approved become a ground for the issuance of Limited Resident Visa (VITAS).
The Arrangement Period
If the documents for the TA.01 application are complete, the arrangement can be conducted within 7 business days.
b. Limited Resident Permit (VITAS)
After the TA.01 application is approved, the employer can submit an application for a Limited Resident Permit (VITAS) for the foreign worker who is hired. VITAS is a permit which must be owned by a foreign worker who is about to stay in Indonesia.
VITAS application is submitted to the Director General of Immigration of the Ministry of Law and Human Rights by attaching:
In the event that VITAS for a foreign worker to work in Indonesia is approved by the Directorate General of Immigration than the Directorate General of Immigration issues a notification letter about the granting of visa approval.
The Arrangement Period
If the required documents are complete, arrangement of VITAS can be conducted within 7 business days.
After TA.01 recommendation and VITAS for a foreign worker are acquired, the employer of a foreign worker can submit an IMTA application. This application must be submitted by attaching at least.
In the event that these requirements have been fulfilled, the Director of Foreign Worker Utilization Control issues IMTA. Validity period of IMTA is given at the longest 1 (one) year and can be extended. After IMTA is acquired, the employer may use the services of the foreign worker.
The Arrangement Period
If the required documents are complete, the arrangement of IMTA can be conducted within 7 business days.
∞ Law No. 13 of 2003 on Manpower (“Law 13/2003”)
∞ Minister of Manpower and Transmigration Regulation No. 12 of 2013 on Procedures for Using Foreign Worker (Permenakertrans 12/2013)
∞ Minister of Law and Human Rights Regulation No. 27 of 2014 (“Permenkumham 27/2014”)
∞ Minister of Manpower and Transmigration Decree No. 40 of 2012 (“Kepmenakertrans 40/2012”)
HOW CAN SMART LEGAL CONSULTING HELP YOU?
SMART Legal Consulting has extensive experience in helping employers to ensure that their hired expatriates acquire work permits in order to work in Indonesia, and to maintain such permits to be updated so that they do not lose their validity.
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