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Legal Updates

New Procedures for Employing Foreign Workers

The Minister of Manpower and Transmigration (“Minister”) has issued Regulation No. 12 of 2013 on Procedures for Recruiting Foreign Workers (“2013 Regulation”) which shall be effective as of 30 December 2013. Under the 2013 Regulation, companies may only hire foreign workers that satisfy the following requirements: (i) Have educational qualifications suitable for the designated position; (ii) Possess relevant competence, supported by competency certificates or have at least five years work experience relevant to the position; (iii) Provide a written declaration of willingness to transfer their skills and knowledge to fellow Indonesian workers; and (iv) Able to communicate in Indonesian. Please note however that the above requirements are not applicable for those foreign workers engaged as members of a company’s board of commissioners or board of directors, workers in the entertainment and tourism service industries (impresariat) and positions that are temporary in nature. The 2013 Regulation sets out a new procedures for submitting application of RPTKA (Foreign Worker Recruitment Plans) and IMTA (Foreign Worker Recruitment Permits) that revoked previous procedures regulated under the Ministerial Regulation No. PER.02/MEN/III/2008 concerning the same matters. Please contact us to find out more about the above regulation.

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