Employers can place new permanent workers on probation for no longer than three months. During the probationary period, workers cannot be paid less than the minimum wage.
While non-permanent workers cannot be subject to probationary period by the employers.
Employers who employ foreign workers must prepare a foreign workers recruitment plan (Rencana Penggunaan Tenaga Kerja Asing – RPTKA) and endorsed by the:
The foreign workers recruitment plan (RPTKA) endorsement is valid for a period up to 5 years and can be renewed. Renewing the foreign workers recruitment plan (RPTKA) can be requested with :
Once the foreign worker’s recruitment plan (RPTKA) has been endorsed, the foreign worker’s recruitment permit (Izin Memperkerjakan Tenaga Kerja Asing – IMTA) can be processed and issued by the Director of the Foreign Workers Management.
The foreign worker’s recruitment permit (IMTA) is valid for a period up to 1 year and can be renewed. Renewing the foreign worker’s recruitment permit (IMTA) can be requested to the Director of the Foreign Workers Management or the Provincial Governor or the Head of District (Regent or Mayor).
The foreign workers must have a specified position and period of employment. The employer must appoint an Indonesian counterpart to work with the foreign worker, to ensure the transfer of skills from the foreign worker to the counterpart.
Foreign workers are not permitted to occupy several positions, namely:
Employers are required to ensure the return of foreign workers to their country of origin when their work agreement ends.
MANPOWER ACT NO. 13 OF 2003, ARTS. 42-48 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 42-48];
MOMT DECREE NO. 40 OF 2012 [KEPUTUSAN MENAKERTRANS NO. 40 TAHUN 2012];
MOMT REGULATION NO. PER.02/MEN/III/2008 [PERATURAN MENAKERTRANS NO. PER.02/MEN/III/2008].
Government agencies for job placement are prohibited from charging fees to workers or employers directly or indirectly.
Private agencies for job placement can collect fees from employers and employees only for the following positions with earnings at least 3 times the district minimum wage: managerial, supervisors, operators and other professional positions that requires an undergraduate degree with professional education.
Non-permanent work agreements (for a specified time) can only be used for four types of work:
The garment industry can be classified as an industry that may depend on season or relates to manufacturing new product, therefore garment enterprises may recruit workers under a non-permanent work agreements, if the conditions applies.
The initial non-permanent work agreement can be made for up to two years and can only be extended once for up to one year. If the employer wishes to continue employing the worker at that point, the worker must be employed under a permanent work agreement.
Employers who wish to extend a worker’s non-permanent work agreement must inform the worker in writing no later than seven days before the non-permanent work agreement expires.
MANPOWER ACT NO. 13 OF 2003, ARTS. 56-59 AND EXPLANATORY NOTES [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 56-59 DAN PENJELASAN];
MOMT DECREE NO. KEP.100/MEN/VI/2004, ARTS. 4-9 [KEPUTUSAN MENAKERTRANS NO. KEP.100/MEN/ VI/2004, PASAL 4-9].
An enterprise may only outsource (subcontract) part of its work to another enterprise under a written agreement if the work is:
Examples of auxiliary business activities in the garment industry are cleaning and maintenance services, catering services, security services, and transportation services.
Outsourcing enterprises must protect workers by either:
Home-based workers who are regular workers for the enterprise must also be provided with the same protections and benefits as those working in the enterprise premises.
MANPOWER ACT NO. 13 OF 2003, ARTS. 64-66 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 64-66];
CONSTITUTIONAL COURT DECISION NO. 27/PUU-IX-2011 OF 2012 [PUTUSAN MAHKAMAH KONSTITUSI NO. 27/PUU-IX/2011 OF 2012];
CIRCULAR LETTER OF THE DIRECTOR GENERAL OF INDUSTRIAL RELATIONS AND SOCIAL SECURITY OF THE MINISTRY OF MANPOWER AND TRANSMIGRATION NO. B.31/PHIJSK/I/2012 [SURAT EDARAN DIREKTUR JENDERAL PEMBINAAN HUBUNGAN INDUSTRIAL DAN JAMINAN SOSIAL TENAGA KERJA KEMENAKERTRANS NO. B.31/PHIJSK/I/2012].
MOMT REGULATION NO. PER. 19 of 2012, ART. 15 [Permenaker No. 19 tahun 2012 tentang outsourcing]