Companies who are looking to hire foreign workers should refer themselves to the Ministry of Manpower Regulation No. 228 of 2019 regarding the Specific Positions Open for Foreign Workers (the “Regulation”)
The Regulation specifically addresses job titles that are open for foreign workers in 18 industry sectors, with all 18 industry sectors listed in the table below:
No. | Industry Sectors
|
1. | Construction |
2. | Real Estate |
3. | Education |
4. | Processing industry |
5. | Water management, waste water management, waste and recycling management, and remediation activities |
6. | Transportation and warehouses |
7. | Art, entertainment and recreation |
8. | Accommodation and food & beverages |
9. | Agriculture and forestry & fishery |
10. | Renting activities and leasing without optional right, human resources, travel agent, and other business support functions |
11. | Financial services and insurance |
12. | Public health activities and social activities |
13. | Information and telecommunication |
14. | Mining and excavation |
15. | Electrical, gas, steam/hot water, and cool air procurement |
16. | Wholesale and retail trading, automotive service, and maintenance |
17. | Other Services |
18. | Professional, science, and technical activities |
Although these are key 18 industries that foreigners can more easily obtain a working permit for, the Ministry or its appointed officials can issue permits to employ the foreign workers on a case by case basis, depending on the desired position and industry.
In addition to regulating the positions which are open for foreign workers, the Regulation also sets the following rules:
- The director and commissioner positions are available for foreigners, as long as these positions do not oversee employment matters or issues that are off limits to expatriates under specific laws and regulations.
- The positions that are open to foreign workers and their requirements shall be evaluated at the minimum, every 2 years, or at any time that the Minister deems necessar
- At the time of the Regulation’s new effect, all the previous permits for hiring foreign workers held by the employer shall remain valid until their dates of expiry.
Schinder Law Firm’s key practice is employment and industrial relations matter. One of our senior advisors, Dr Bambang Supriyanto, is an expert in the subject matter, and was actively involved in the establishment of the Indonesian Industrial Relations Courts. In addition to Dr Bambang’s presence, we have a team of lawyers that have extensive experience in advising and representing clients in various employment matters and disputes.
Please contact us if you have further questions on employing expatriates or any other employment matters.
About the author:
A qualified Indonesian advocate. Budhi specialises in litigation, arbitration and other contentious matters. Budhi has extensive experience in representing numerous domestic and multi-national companies before the Indonesian National Board of Arbitration (BANI) and the Indonesian courts.
