Directorate General Development of Employment Placement and - - PowerPoint PPT Presentation

Ministry ry of Manpow power er of the the Republ blic of Indonesi nesia a Directorate General Development of Employment Placement and Employment Expansion Director

• rate

ate Control

• lling

ng of Foreign gn Worker er Utilizati ation

• n

Minis nistry ry of Manpow npower er of Repub public lic of Indo done nesia ia Directorate General Development of Employment Placement and Employment Expansion Cont ntrolling

• lling of Fore

reign ign Work rker Utiliz lizat ation ion

PR PRES ESIDE DENT NTIA IAL L RE REGU GULA LATI TION ON 20 OF OF 20 2018

On Foreig ign n Worker er Utilizat izatio ion

PR PRESIDENTIAL ESIDENTIAL REG EGULATIO ULATION N 20/2018 /2018 AT GL T GLANCE ANCE

1. 1. Impr provi

• ving

ng Compet mpetitiv itiveness ness

• Indonesi

nesian n competitiveness petitiveness level vel is still below

• w the avera

rage ge than ASEA EAN count ntri ries es as follow

• ws:
• Singapore
• Malaysia
• Thailand
• Brunei Darussalam
• Vietnam
• Improving competitiveness through:
• Deregulation and debureaucracy
• Simplifying the Procedures
• Simplifying the scheme using integrated online system
• Implementing “ease of doing business”

FOREIGN WORKER UTILIZATION IN PRINCIPE

• 1. Foreign worker utilization must

prioritize local workers in all

• ccupational level
• 2. The scope of Foreign Worker Utilization
• Sponsorship
• Certain position
• Certain time
• Domestic labour market consideration

MINISTE INISTERIAL RIAL REG REGULA ULATIO TION N 10 OF 10 OF 2018 2018 MINIST MINISTER ER OF MAN OF MANPO POWER WER

• n

n Pr Proc

• ced

edur ure e of

• f F

For

• reig

eign n Wor

• rker Util

er Utiliz ization tion

Ministry ry of Manpow power er of Republ blic of Indones

• nesia

a Director General Development of Employment Placement and Employment Expansion Director

• rate

ate Control

• lling

ng of Foreign gn Worker er Utilizati ation

• n

SIMPLIFICATION PROCEDURE OF FOREIGN WORKER UTILIZATION (FWU)

No. Comparison Item Ministerial Regulation 16 jo. 35 of 2015 Ministerial Regulation 10 of 2018

1 FWU Permit Work Permit issued as IMTA (Izin Mempekerjakan Tenaga Kerja Asing) Work Permit issued as RPTKA (Rencana Penggunaan Tenaga Kerja Asing) 2 FWU Approval RPTKA and IMTA RPTKA and Notification 3 Duration of Service 6 Days

• RPTKA : 3 days
• IMTA

: 3 days 4 days

• RPTKA

: 2 days

• Notification : 2 days

4 Other Institution Recommendation Recommendation is needed None

• Requirement and prohibition to

be established by ministerial decree 5 Form of Services

• Semi Online
• Partially integrated system
• Online
• Fully integrated system

6 RPTKA Validity 1 year, extendable As per contract/ work agreement

No. Comparison Item Ministerial Regulation 16 jo. 35 of 2015 Ministerial Regulation 10 of 2018

7 Director/commissioner :

• a. Shareholder

Work Permit Required Work Permit NOT Required

• For investor
• Not in working relationship
• b. Non Shareholder

Work Permit Required Work Permit Required 8 Course of Bahasa No Obligation to facilitate Employer is obligated to facilitate 9 Dual Occupation Restricted to Director/Commissioner 1. Director or Commissioner 2. Certain sectoral position as follows:

• Education

and Vocational Training

• Oil and Gas (KKKS)
• FinTech

10 RPTKA in case of Emergency RPTKA issued at the time as arrival RPTKA issued 2 days at the latest post-arrival

EMPLOYER’S OBLIGATIONS

EMPLOYER’S OBLIGATIONS

Obtained Foreign Worker Utilization Plan (RPTKA) Contribute the Compensation Fund (DKP-TKA) Ensure the foreign worker registered

• n

health insurance program

Ensure the foreign worker registered on National Social Security program

Appoint Indonesian worker as counterpart. Implement the education and training programs Facilitate the course

• f

Bahasa Indonesia for the foreign worker.

Employer must report the utilization program to Minister

• r appointed official

annually.

1 2 3 4 8 7 5 6

THE FOREIGN WORKERS UTILIZATION

Foreign Workers Utilization is a certain-time-and-certain-position working relationship; Personnel affairs (and certain positions) are prohibited for expatriate in accordance with prevailing laws and regulations. Prohibition (negative list) and Certain Positions which are allowed (positive list) for expatriate shall be established by the Minister

TYPE OF RPTKA (EXPATRIATE EMPLOYMENT PLANNING)

SUBMISSION OF THE RPTKA

1

• Employer’s detail identity
• Number
• f

Indonesian workers employed;

• Annual

plan

• f

Indonesian labor absorption;

• Annual foreign workers utilization plan

according to the work agreement or employment agreement;

• Counterpart’s detail;

and reasons

• f

utilize expatriate purposes.

Fill in :

2

• Work Agreement or Employment

Agreement Plan;

• Organizational Structure Chart;
• Statement letter of Counterparts

Appointment;

• Statement letter of implementation of

education and training for Indonesian worker;

• Statement letter for Emergency and

Urgent situation.

Upload :

APPROVAL OF RPTKA

• a. Director: for less than 50 (fifty) expatriate(s)
• b. Director General: for more than 50 (fifty) expatriate(s);
• a. Number and date of approval;
• b. Name and address of the company/employer;
• c. RPTKA included:

1) type of position and number of expatriate employed; 2) work location and length of utilization; 3) number of counterpart; 4) expatriate’s amount of salary.

• d. Annual plan of Indonesian labor absorption;
• e. Validity period of the RPTKA.
• 1. RPTKA approval :

2. Approval of RPTKA consist of:

EXCEPTIONAL (RPTKA)

1.Goverment agencies/institutions, 2.Representatives offices of foreign countries, 3.International organisations; 4.Board of director, board of commissioner, and members as shareholders in accordance with prevailing laws and regulations.

EMERGENCY RPTKA

Arrangement: at the latest 2 (two) days during the expatriate employed, should apply for RPTKA to the Director General

• r Director using online system.

Once completed, Director General or Director shall issued the RPTKA within 1 (one) working day. RPTKA in terms of emergency and urgent situation issued for a maximum period of 1 (one) month and non-extendable.

SHORT-TERM RPTKA

“RPTKA approval for short-term issued for maximum period of 6 (six) months and non-extendable” RPTKA is granted for :

Commercial film making which has received permission from the authorized institution; Conducting Audit, product quality controlling , or inspection on branch-companies in Indonesia for a period of more than 1 (one) month;

Work related to the installation of machinery, electrical, after sales service,

• r products during the

business assessment;

Impresario or entertainment business.

AMENDMENT OF RPTKA

NOTIFICATION

Approval of the foreign workers utilization issued by the Director General Development of Employment Placement and Employment Expansion as the legal basis of ITAS (Limited Stay Permit) issuance Period time of Notification based on Work Agreement Employer required to pay the compensation fund up to 1 (one) day Director General of Immigration using Notification as the legal basis of VITAS (Limited Stay Visa) issuance Application for the Notification accessible at: tka-online.kemnaker.go.id

NOTIFICATION REQUIREMENTS

Upload document(s):

• 1. Expatriate document:
• education certificate;
• working experience certificate or competence;
• photograph;
• proof of polis insurance;
• draft of contract/work agreement;
• affidavit of appointed Indonesian worker as

counterpart;

• expatriate passport;
• accounts / savings of expatriate or employer;
• 2. Employer document:
• application letter to Director General or Director;
• application letter to Director General of

Immigration for the submission of Vitas (Limited Stay Visa);

• guarantee statement from employer of

expatriate;

• employer’s identity number;
• approval letter Rp0,00 (zero rupiah).

Fill up a form:

• 1. Referral code and location of the

Representative offices of the Republic of Indonesia;

• 2. Expatriate detail:
• name;
• date and birth place;
• sex;
• marital status (married/widow/single);
• nationality;
• passport;
• education background;
• address and postal code;
• e-mail;
• mobile number;
• phone number;
• 3. Expatriate occupation:
• ccupation and Indonesian standard

classification code;

• ccupational levels;
• working period.

EXCEPTIONAL FOR NOTIFICATION

Notification is exceptional to those who are:

Shareholders who serve as members of Board of Directors / Board of Commissioner in accordance with prevailing laws and regulations. Diplomatic official Consular

COMPENSATION FUND OF FOREIGN WORKER UTILIZATION (LEVY)

3

• The Employers of Foreign Workers are required to pay compensation fund (Levy) US$100 / per occupation/month/person

as Non-State Tax Revenue (PNBP / Penerimaan Negara Bukan Pajak) or Provincial Revenue

• Payment scheme / method as follows:
• Year 1 (new)
• Inter-Provincial
• Inter-

Regency/City in single Province

• One

Regency/City

Type of Payment

• PNBP
• Bank Persepsi

(Bank BNI, Bank BRI, Bank Mandiri )

• None

Payment alerts Place of Payment Work location Year of Payment Remarks

• Year 2

and so forth..

• Inter-Provincial
• 1 month

prior to the expiration date of notification

1 5 4 2 6

• Inter-

Regency/City

• Local

District/City

• Bank

Persepsi (Bank BNI, Bank BRI, Bank Mandiri )

• Appointed Local

Bank

• According to

Regional Regulation

• Local Revenue
• PNBP

IMPLEMENTATION OF EDUCATION AND TRAINING

1 2 3 4

PROGRESS REPORT

1 2

Employer must report the implementation of Foreign Worker utilization in annual basis to Director General. Report as referred to in point 1 consists of: a. Implementation of Foreign Worker Utilization; b. Implementation of education and training for Indonesian workers; c. Report of employment agreement past due.

DEVELOPMENT

• 1. Development scheme :
• a. socialization of laws and regulation on foreign workers utilization;
• b. counseling about rights and restrictions on foreign workers utilization
• 2. Development of Employer on expatriate utilization and implementation
• f education and training for Indonesian worker conducted by :

a. Ministry of Manpower; b. Provincial government; c. Regency/city level government whose duties and responsibilities are concerned with manpower sector in accordance with its authority.

Temporary termination of licensing process;

SANCTIONS

The following Administrative sanctions are:

Notification revoke; and/or Delay of licensing process; Other sanctions in accordance with prevailing laws and regulations

DELAY OF SERVICES SANCTION

1

TEMPORARY SUSPENSION OF FOREIGN WORKER UTILIZATION PROCESS SANCTION

Administrative sanction such “temporary suspension

• f foreign worker utilization process” granted to

employer who commit violation:

• a. Does not have legal

RPTKA authorized by Minister or appointed official

• b. Fail to appoint Indonesian worker/counterpart in order to

transfer knowledge and technology

• c. Disobey to implement the education and training for Indonesian

worker/counterpart, and/or

• d. Fail to facilitate the education and training of Bahasa Indonesia

course to foreign worker employed

1

NOTIFICATION REVOKED SANCTION

Administrative sanction such “Notification Revoked” is granted to employer who commit violation :

• Employs foreign worker applying prohibited positions; and/or
• Unable to contribute the compensation fund or levy.

SANCTION REMOVAL

FOREIGN WORKER UTILIZATION FLOW CHART

EMPLOYER

SIPPTKA

APPLICATION

VISA- ONLINE

APPLICATION VERIFICATION APPROVED DECLINED NOTIFICATION APPROVAL LEVY PAYMENT TRANSMITTING THE NOTIFICATION CLEARANCE HOUSE EXPATRIATE IMMIGRATIONAL STATUS BILLING CODE TRIGGERING THE IMIGRATION FEE PAYMENT

VISA APPROVED (TELEX), STICKER VISA, ITAS, IMK & USAGE OF TI

EXPATRIATE BACKGROUND WORK VISA APPROVED

1 2 3 4 5 6 7 8 9 10 11

VISA ISSUED INDONESIAN REPRESENTATIVE ABROAD

12

LIMITED STAY PERMIT (ITAS) GRANTED (QR CODE) ENTRY STAMP EXPATRIATE ENTERS INDONESIAN TERRITORY THROUGH IMMIGRATION CHECKPOINT

13

LIMITED STAY PERMIT (ITAS) ONLINE APLICATION LIMITED STAY PERMIT EXTENDABLE

14

EXIT PERMIT ONLY & EMBARCATION END OF CONTRACT/WORK AGREEMENT OR TERMINATION

: At this point, rejection possibly occurred

note : ONLINE SINGLE SUBMISSION Integrating system TKA Online-Immigration

VERIFICATOR 2

INFORMATION