Home Blog Everything to Know about Employment of Foreigners and Their Termination Benefits in Indonesia Human Resource | Indonesia | Recruitment | Secretarial Services Everything to Know about Employment of Foreigners and Their Termination Benefits in Indonesia InCorp Editorial Team 9 March 2020 4 minutes reading time Table of Contents Overview of Foreign Employment and Its Termination Benefits in Indonesia Foreigners Employed Permanently in Indonesia SEMA No. 1 and Foreign Employment In Conclusion How Cekindo can Assist Foreigners to Work in Indonesia If you are looking to hire foreigners to work for your company in Indonesia, you need to familiarise yourself with a guideline called SEMA No. 1. The 41-page SEMA No. 1 consists of new policies that Indonesian courts must exercise when dealing with civil, criminal, military and religious issues. It also contains the policies of the Labour Court especially in regards to foreign employment and its termination benefits specified under the Manpower Law 13/2003 in Indonesia. Cekindo will elaborate the labour policy in this article. Overview of Foreign Employment and Its Termination Benefits in Indonesia Under the Indonesian Manpower Law, foreigners are only allowed to work under a fixed-term contract. In other words, it means that foreigners are not able to work permanently in Indonesia. As a result, expats are not able to have the termination benefits such as service pay, severance pay, and compensation pay, as specified in the law. Foreigners Employed Permanently in Indonesia So can foreigners be hired as permanent employees in Indonesia? There is a debate going on for this question due to one of the sections under the Manpower Law mentioning that the agreement must specify the employment period of foreign staff. According to the law, two years’ time is the maximum period for a fixed-term employment contract. The contract can further be extended once for a maximum of one year; and be renewed once for a maximum for two years along with a grace period of 30 days. The writing in all fixed-term employment contracts is required to be Indonesian language but bilingual employment contracts are also allowed. However, the governing language in a bilingual agreement must be Indonesian. A fixed-term employment contract will become a permanent employment contract by law if companies violate the mentioned requirements. Therefore, in other words, foreigners can be either fixed-term employees or permanent employees. The Labor Court does not further state any further decisions on this issue. SEMA No. 1 and Foreign Employment The Indonesian Supreme Court released new Labor Court’s policies which are listed below: Companies can only employ foreigners with a fixed-term employment agreement (PKWT) for particular positions for a certain period of time Foreign employees are only eligible for legal protections when they have acquired a work permit in Indonesia Once a foreign employee’s work permit has expired but their fixed-term employment agreement hasn’t, the rest of the period specified in the fixed-term employment contract will not subject to legal protection under the Indonesian Labor Law In Conclusion The issuance of SEMA No. 1 helps provide clear provision that is lacking the Manpower Law. SEMA No. 1 has changed the foreign employment status in Indonesia, eliminating the possibility that foreigners can be employed permanently in Indonesia. Since SEMA No. 1 provides certainty that expats can only work under a fixed-term employment agreement as long as their work permit is valid, foreigners can thus enjoy the termination benefits stated solely in their fixed-term contracts in Indonesia. How Cekindo can Assist Foreigners to Work in Indonesia Cekindo houses a dedicated team of legal experts specialising in employment law in Indonesia. We have assisted numerous private and governmental entities and sectors on diverse employment subjects and matters. Many foreign and local leading companies have also turned to us to ensure that they are in full compliance with the local employment policy and legislation. In addition to providing assistance in general employment practice, we also help in drafting employment contracts, non-disclosure agreements, internal policies, as well as crisis management to avoid any unforeseen legal consequences and reputational damage. Cekindo is your long-term partner with practical approaches in order to add significant value to your business. Let us know about your employment concerns now. Fill in the form below. Read Full Bio Verified by Daris Salam COO Indonesia at InCorp Indonesia With more than 10 years of expertise in accounting and finance, Daris Salam dedicates his knowledge to consistently improving the performance of InCorp Indonesia and maintaining clients and partnerships. Frequently Asked Questions How does InCorp’s recruitment outsourcing mechanism work? As a professional executive search agent, InCorp helps promote job vacancies, screen, and shortlist applicants, conduct pre-interviews, and arrange final interviews with applicants. This can also be topped up with an employee background check. What are the obligations related to payroll? Health Insurance and Social Security Insurance (BPJS) are mandatory. The company and the employee will bear a certain percentage, respectively. Another obligation is tax withholding. The percentage and type of taxes vary from case to case. Contact us to get information on your specific field. Is it required to hire Indonesian staff in the PMA company? In Indonesia, the necessity of hiring Indonesian employees by foreign companies typically arises from commercial requirements, regulatory mandates in specific sectors like construction or shipping, or as part of employing foreigners to fulfill knowledge transfer obligations. How many employment and hiring options exist in Indonesia? According to Indonesia’s Manpower Law, employers can hire Indonesian talents under temporary or permanent employment. Get in touch with us. Lead Form Contact Full NameEmailPlease provide corporate email where possiblePhone NumberOffice SetupWhich city are you planning to expand into?JakartaSemarang/Central JavaBali/LombokBatam/SumateraSurabaya/East JavaOther ProvincesType of Service- Please Select -[SPECIAL PACKAGE] Company Registration + Office Package (20% OFF)[SPECIAL PACKAGE] Product Registration + License Holder (20% OFF)Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesType of Service- Please Select -[SPECIAL PACKAGE] Company Registration + Office Service (20% OFF)[SPECIAL PACKAGE] Comprehensive Industrial Package (15% OFF)Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesType of Service- Please Select -[SPECIAL PACKAGE] Company Registration + Office Service (20% OFF)[SPECIAL PACKAGE] Comprehensive Industrial Package (15% OFF)Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesType of Service- Please Select -[SPECIAL PACKAGE] Company Registration (25% OFF) + Office Space (Private Office 30% OFF)[SPECIAL PACKAGE] Company Registration + Investor KITAS (25% OFF)[SPECIAL PACKAGE] Accounting + Tax Services+ Annual Fintax Report (20% OFF)[SPECIAL PACKAGE] Payroll Services for Executive Role (20% OFF)Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesType of Service- Please Select -[SPECIAL PACKAGE] Company Registration (20% OFF) + Office Service (25% OFF)[SPECIAL PACKAGE] Company Registration + Micro Finance Services (25% OFF)[SPECIAL PACKAGE] Property Assistance: Due Diligence + AJB Purchase/Lease Agreement (25% OFF)Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesType of Service- Please Select -Business SetupAccounting and TaxHR & Payroll servicesImmigration ServicesProduct Registration and ImportCompliance and Secretarial ServicesBusiness AdvisoryMore ServicesServices Company Registration Renting Virtual and Serviced Office Business and Import Licenses Corporate Recovery and Insolvency Closing of Company (Dissolution) Land and Property Ownership Shelf Company Local NomineeServices Accounting and Tax Reporting Audit and Review Transfer Pricing Compliance Tax RefundHuman Resource Sub Services Payroll Outsourcing Employer of Record Recruitment and HR Establishment Employment ServiceServices Business Visa Work Permit and KITAS Dependent Visa (Spouse and Family) OtherBusiness Visa Subservices Business Visa Visit Visa Visa ExtensionServices Medical Device Beauty (Skincare and Cosmetic) Food and Beverage Health Supplement Household Product Halal Certification TrademarkServices Legal Consultation Legal Agreement Service Due Diligence and Background Check Company Documents RevisionBusiness Advisory Business Advisory Services ESG Reporting & Advisory Internal Audit Risk ManagementMore Services Market Research and Analysis Local Distributor and Partner Bank AccountMessageSubmit What you’ll get A prompt response to your inquiry Knowledge for doing business from local experts Ongoing support for your business Disclaimer The information is provided by PT. Cekindo Business International (“InCorp Indonesia/ we”) for general purpose only and we make no representations or warranties of any kind. We do not act as an authorized government or non-government provider for official documents and services, which is issued by the Government of the Republic of Indonesia or its appointed officials. We do not promote any official government document or services of the Government of the Republic of Indonesia, including but not limited to, business identifiers, health and welfare assistance programs and benefits, unclaimed tax rebate, electronic travel visa and authorization, passports in this website. More on Human Resource The Ultimate Guide on Obtaining Work Permit in Indonesia Read more Why SKTTK Certification is Important for Electricity Business Read more Doing Business in Indonesia: The Challenges Read more