Regulations Foreign Workers and Indonesian Workers

Terms of Employing Foreigners

Based on Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers (“PP No. 34 of 2021) Jo. Permenaker Number 8 of 2021, basically there are several stages in transferring technology and expertise (transfer of knowledge). The stages include:

1. Employers of foreign workers who will employ foreign workers must first appoint TKIs as assistant workers for foreign workers who are indeed employed for technology transfer and transfer of expertise from foreign workers;

2. After being appointed, the Foreign Worker Assistance is given education and job training in accordance with the qualifications of the position occupied by the foreign worker, namely through the transfer of the foreign worker’s ability by utilizing and mastering the science and technology required to carry out the position;

3. The Foreign Workers Assisting Personnel who take part in the education and job training will receive education and job training certifications, and/or competency certificates;

4. Employers of foreign workers are required to report annually to the Minister or a designated official regarding the transfer of technology and transfer of skills from foreign workers to the Assistant Workers of Foreign Workers.

Based on the points above, it can be understood that every company that employs foreign workers is required to have Indonesian workers to accompany them in carrying out the work.

Provisions on the comparison of TKA and TKI

(Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers)

Article 2

1. Every Employer of Foreign Workers is obliged to prioritize the use of Indonesian workers in all types of positions available.
2. In the event that the position as referred to in paragraph (1) cannot be occupied by Indonesian workers, the position can be occupied by foreign workers.
3. The use of foreign workers as referred to in paragraph (2) is carried out by taking into account the conditions of the domestic job market.

Based on the contents of the article in the regulation above, it can be concluded that any plan to use manpower, if you want to use foreign workers, must first prioritize TKI.

(Regulation of the Minister of Manpower of the Republic of Indonesia Number 16 of 2015 concerning Procedures for the Use of Foreign Workers)

Article 3

1. Employers of TKA who employ 1 (one) TKA must be able to absorb TKI of at least 10 (ten) persons in the company that employs TKA.
2. The provisions as referred to in paragraph (1) do not apply to:
   
   1. Members of the Board of Directors, members of the Board of Commissioners or members of the Trustees, members of the Management, members of the Supervisory Board.
   2. Foreign workers employed for emergency and urgent work.
   3. Foreign workers employed for temporary work.
   4. Foreign workers employed for impresario service business.

Based on the contents of the article in the regulation above, it can be concluded that each use of foreign workers must be able to employ more Indonesian workers than the use of foreign workers in the company.

Requirements for employing TKI as a companion for TKA

Article 39

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  Education and on-the-job training for TKA Assistance Workers shall be carried out in accordance with the qualifications of the position occupied by the TKA.
• Position qualification as referred to in paragraph (1) is the level of expertise that must be mastered, the level of education that must be achieved, and work experience that must be possessed by Indonesian workers to be able to occupy positions occupied by foreign workers.
• Position qualifications include elements of work skills and expertise, work knowledge, formal education (general and specific), training (type and duration), work experience, mastery of language, physical requirements, talents, personality and interests, competencies, and other requirements.

Article 40

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  Education improvement can be carried out by assigning Foreign Workers Assistance to attend certain educational strata programs in accordance with the minimum educational qualifications for positions occupied by foreign workers.
• Skills improvement can be carried out by assigning Foreign Workers Assisting Workers to participate in job training programs in accordance with the minimum competency qualifications for positions occupied by foreign workers.

Article 41

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  The implementation of education and job training for Foreign Workers Assisting Workers can be carried out at home and/or abroad.
• Education for Foreign Workers Assisting Workers is carried out at the lowest educational institution accredited B and the graduation certificate is recognized by the government.
• On-the-job training for TKA Assistance Workers is carried out at the lowest training institution accredited B and obtains a competency certificate from a licensed professional certification body.
• Foreign Workers Assisting Personnel who take part in education and job training will receive education graduation certificates and training certificates and/or competency certificates in accordance with the provisions of laws and regulations.

In general, the requirements related to TKI who accompany foreign workers are:

• Attend formal education both general and special according to the position of the foreign worker.
• Participate in training in accordance with the qualifications for the position of TKA.
• Have work experience according to the position occupied by the TKA.
• Have a good command of the language.
• Have other competencies in accordance with the position of TKA.

Disclaimer:

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