To be able to employ foreign labor, the local employer must obtain Ratification Manpower Utilization Plan (known as RPTKA). Here is the Procedure for Approval of Request Manpower Utilization Plan (RPTKA)
About Ratification Manpower Utilization Plan (known as RPTKA)
- How does the Employer of Foreign Workers get the RPTKA Approval?
- What things are there in the application of RPTKA ratification given by the employer of the TKA?
- What documents must be attached by An employer when making Request Ratification RPTKA?
- What data foreign worker candidates to be submitted to the Minister or an official appointed officer in the Request Approval of RPTKA?
- What documents must be attached by the Employer of Foreign Workers in submitting data on prospective foreign workers?
- How long does it take for the Minister or appointed officer to issue the Ratification of the RPTKA?
- Types of Ratification of RPTKA
- What is the duration given in Ratification of RPTKA?
- Do all employers of foreign workers who employ foreign workers have to have Ratification of RPTKA?
How does the Employer of Foreign Workers get the RPTKA Approval?
Foreign worker's employer must submit a request to ratify RPTKA to the minister or official appointed officer
Based on Article 12 paragraph (1) of GR 34/2021
What things are there in the application of RPTKA ratification given by the employer of the foreign worker?
foreign worker's employers make a request for RPTKA ratification by writing information about:
- foreign worker's employer identity; What is meant by " foreign worker employer identity " includes the name, address, telephone number, sector / field of working giver business.
- Reasons for using foreign worker;
- foreign worker position or position in the structure of the company's organization;
- the number of foreign workers;
- foreign worker usage period;
- Work location of foreign worker;
- The identity of the workforce of the foreign worker companion; and
- Plan for the absorption of Indonesian workers every year.
Based on Article 12 paragraph (2) of GR 34/2021 and explanation
What documents must be attached by An employer when making Request Ratification RPTKA?
foreign worker employers must attach documents at least at least:
- application letter
- Employer’s registration number of business permit
- certificates and legalization of the establishment and / or changes from authorized agency;
- Proof of compulsory employment report in the company;
- work agreement draft or other agreements; What is meant by "another" agreement "" includes a drawing agreement, the assignment letter from the head office, and a memorandum of understanding.
- Chart of the company organizational structure;
- Statement for the appointment of foreign worker's companion workers;
- Statement for implementing work and job training for Indonesian workers in accordance with the qualification of positions occupied by foreign worker; and
- Statement for facilitating Indonesian education and training to foreign worker.
Based on Article 12 paragraph (3) of GR 34/2021 and explanation
What data foreign worker candidates to be submitted to the Minister or an official appointed officer in the Request Approval of RPTKA?
The data on prospective foreign workers that must be included in the Request Approval of RPTKA are at least:
- identity of foreign workers;
- the position of the foreign worker and the working period of the foreign worker;
- work location of foreign workers; and
- determination of the code and domicile location of the foreign worker.
Based on Article 15 paragraph (2) of GR 34/2021
What documents must be attached by the Employer of Foreign Workers in submitting data on prospective foreign workers?
Employers must at least attach the following documents:
- application letter and reasons for using foreign workers;
- draft work agreement or other agreement; and/or
- approval letter from the competent authority. What is meant by "a letter of approval from the competent agency"" includes, among other things, an approval letter for assignment from the ministry in charge of government affairs in the field of foreign relations and the ministry in charge of government affairs in the field of state secretariat.
Based on Article 15 paragraph (3) of GR 34/2021 and explanation
How long does it take for the Minister or appointed officer to issue the Ratification of the RPTKA?
The minister or the designated officer takes 2 (two) working days to verify the data on the prospective foreign worker, and if all the data is complete and correct, the Minister or the appointed officer issues the Ratification of the RPTKA.
Based on Article 15 paragraph (4) and (5) of GR 34/2021
Types of Ratification of RPTKA
The ratification of the RPTKA consists of:
1. RPTKA for temporary work;
What is meant by " temporary job " include:
- making films of a commercial nature and having obtained a permit from the competent authority;
- conduct audits, production quality control, or inspections at company branches in Indonesia for a period of more than 1 (one) month;
- work related to the installation of machinery, electrical, after-sales service, or products during the business exploration period;
- impresario services business; or
- once completed work or work less than 6 (six) months.
2. RPTKA for work more than 6 (six) months;
3. Non-DKPTKA RPTKA;
The ratification of the RPTKA without paying the Compensation Fund for the Use of Foreign Workers is given to Employers of Foreign Workers for Government agencies, representatives of foreign countries, international agencies, social institutions, religious institutions, and certain positions in educational institutions.
4. RPTKA on Special Economic Zones
Based on Article 16, Explanation Article 17 and Article 18 of GR 34/2021
What is the duration given in Ratification of RPTKA?
The period of time given in the ratification of the RPTKA consists of:
- Ratification of RPTKA for temporary work is granted for a maximum period of 6 (six) months and cannot be extended.
- Ratification of RPTKA for work more than 6 (six) months and Ratification of non-DKPTKA RPTKA granted for a maximum period of 2 (two) years and can be extended.
- Ratification of RPTKA in Special Economic Zones is granted for a maximum period of 5 (five) years and can be extended.
- Ratification of RPTKA in Special Economic Zones for the positions of directors or commissioners, is given once and is valid for as long as the foreign worker concerned becomes director or commissioner.
Based on Article 17 of GR 34/2021
Do all employers of foreign workers who employ foreign workers have to have Ratification of RPTKA?
No, the Ratification of the RPTKA does not apply to positions such as:
- directors or commissioners with certain share ownership, or shareholders in accordance with the provisions of laws and regulations;
- diplomatic and consular officers at the representative offices of foreign countries; or
- Foreign Workers required by Employers of Foreign Workers in the types of production activities that are stopped due to emergencies, vocational training, technology-based start-ups, business visits, and research for a certain period of time.
What is meant by
- "production halted due to an emergency" is an unplanned situation that requires immediate response due to, among others, natural disasters, main engine damage, riots/protests/riots that need to be dealt with immediately to avoid fatal losses for the company and/or general public.
- "vocational" means vocational education and vocational training.
- "technology-based start-up companies" are technology-based companies and have certain capital, including digital fintech and tech start-ups.
- "business visits" include conducting business talks, giving lectures or attending seminars, participating in international exhibitions, attending meetings held with the head office or representatives in Indonesia.
- "research" means activities carried out within the framework of scientific research
Based on Article 19 paragraph (1) of GR 34/2021 and explanation
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Source:
- Indonesia. Government Regulation Number 34 2021