Hiring foreign workers (TKA) in a company for certain positions is not as difficult as imagined. Especially if the employer understand how to take care of various permissions required. This needs to be done to anticipate what problems employers might encounter in the future.
We may have known about the foreign workers who were forced to return home because they did not have permission. For example, like 269 foreigners from Japan and Korea who must be deported in West Java in January 2017 (JawaPos.Com).
Even the Ministry of Manpower (Kemenaker) unannounces inspection results found 1,383 illegal foreign workers since 2016. Violations committed among others TKA who work without Permit Using Foreign Workers (IMTA) as many as 820 people (almost 60%). The rest are foreign workers with abuse of office. (Kemenaker, 2016) (LIPI.go.id).
This will not happen if the employer notices what permits are required before hiring foreign workers as regulated in Permenaker 16/2015 jo Permenaker 35/2015.
Some requirements to be met by foreign workers include: having education and / or work experience at least 5 (five) years according to occupied position; willing to make a statement to transfer his expertise to Indonesian workers, especially Indonesian workers (TKI) companion.
For those who use the TKA must have written permission from the minister or appointed official. In addition, individual employers are prohibited from employing foreign workers. Especially regarding licensing, the government has just issued Presidential Regulation No. 20 of 2018 on the Use of Foreign Workers. The regulation gives some facilities in the use of foreign workers.
Among them is the non-obligation of the employer (the company) to have a Foreign Worker’s Use Plan (RPTKA) which is the shareholder and serves as the Board of Directors / Commissioners to the employer, foreign workers in the type required by the government and employees in a representative office of a foreign country.
In addition, other requirements that must be fulfilled in the use of foreign workers are from the side of immigration. TKA must have a limited residence (VITAS) which can be used as an application for ITAS (residence permit). For some business fields such as education, a letter of recommendation from Kemendikbud is required.
VITAS is filed by an employer of TKA or TKA to the minister in charge of government affairs in the field of law and human rights or appointed immigration officials. Includes immigration officials residing in representatives of the Indonesian republic overseas which is an extension of the Directorate General of Immigration.
ITAS for this TKA, will be accompanied by the granting of re-entry permit for several trips that the validity period in accordance with the validity period of ITAS. VITAS and ITAS applications to work for foreign workers are subject to non-tax state revenue.
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