PP No 34 Tahun 2021 Tentang Penggunaan Tenaka Kerja Asing

The Indonesian Government recently issued a Government Regulation concerning the use of foreign workers. According to Article 2 Paragraph 1-2, Every employer of foreign workers is obliged to prioritize the use of Indonesian workers in all types of available positions and if they cannot be occupied by Indonesian workers, the position can be occupied by foreign workers. Employers of foreign workers are also required to enroll foreign workers in the national social security program for those who work for more than 6 months or an insurance program for those who work for less than 6 months.

Employers of foreign workers include government agencies, representatives of foreign countries, international agencies, foreign trade/company/news representative offices, legal entities in the form of limited companies, foundations, registered foreign business entities, social/religious/educational/cultural institutions, Events service businesses, and other business entities that are allowed to use foreign workers.

RPTKA (Plan for the Use of Foreign Workers) is also needed when using foreign workers. Ratification of the RPTKA is used as a recommendation to obtain a visa and residence permit for foreign workers. Ratification RPTKA for temporary work is given for a maximum period of 6 months and cannot be extended. Ratification of RPTKA for work of more than 6 months and Ratification of the non-DKPTKA RPTKA given for a maximum period of 2 years and can be extended. Ratification of RPTKA for the Special Economic Zone is granted for a maximum period of 5 years and can be extended. Ratification of the Special Economic Zone Employment Plan for directors or commissioners is given once and is valid as long as the person concerned is still in office.


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