expatriate work permit for trading company

HOW TO SECURE EXPATRIATE WORK PERMIT FOR TRADING COMPANY (EXPORT AND IMPORT)

An Overview Guide in IndonesiaBY: ARIF GAFFAR

© Copyright PT PRO LEGAL INDONESIA 2016

ARIF GAFFAR• Univerity: Trisakti University Majoring Business and

Industrial Law• Past: Legal manager in a human resources management

company• Current: 1. Legal Consultant at SMART Legal Consulting2. Director at PT PRO LEGAL INDONESIA (ELSON)

Expertise: corporate and formation, expatriate working permits and consumer law.

Contact: [email protected]


“Foreign citizen which obtain Indonesian working visa with the intention to work in

Indonesia”

WHAT IS EXPATRIATE?


EXPATRIATE IN INDONESIA (Data from Ministry of Manpower

2014)

RRC22%

Japan15%

South Korea11%India

7%

Malaysia5%

Other Country39%

Expatriate Origin

RRCJapanSouth KoreaIndiaMalaysiaOther Country

TOTAL : 68.742

WORK PERMIT • RPTKA AND IMTA

EXPATRIATE WORKING PERMIT

VISA & STAY PERMIT• (WORKING VISA 312 &

KITAS)


WHAT KIND OF TRADING COMPANY THAT ELIGIBLE TO HIRE AN EXPATRIATE?

Have Registered and Obtained Their Mandatory Manpower Report (WLK) From The Local Province Government

• Limited Liability Company with paid up capital minimum of IDR 1 Billion (Local Company)

• Limited Liability Company either PMA or Local Company


EXPATRIATE CANDIDATE?

• Have a Personal Insurance Before Entering Indonesia

• Stated in the Article of Association (For Director and Board of Commissioner Position)

• Only candidate with Bachelor Degree could apply for 1 (one) Year Period Working Permit Application

• Minimum 5 (five) Years Experience in a related field


Overview• RPTKA (Expatriate Utilization Plan, applied by Sponsor Company)• IMTA (Expatriate Working Permit, applied by Sponsor Company)• KITAS (Limited Stay Permit in Indonesia)


New Issues

• Expatriate BPJS and Tax ID (NPWP) are required for Working Permit (IMTA) Extension• Local Company are forbidden to hired expatriate as Board of Commissioner• Director and Commissioner who didn’t permanently lived in Indonesia are not

obliged to apply for IMTA • Other Permits to Secure after Stay Permit (KITAS)


KEPUTUSAN MENTERI TENAGA KERJA DAN TRANSMIGRASI REPUBLIK INDONESIA

NOMOR 40 TAHUN 2012No. Position No. Position1. Personnel Director 11. Chief Executive Officer2. Industrial Relation Manager 12. Personnel and Careers Specialist3. Human Resource Manager 13. Personnel Specialist4. Personnel Development Supervisor 14. Career Advisor5. Personnel Recruitment Supervisor 15. Job Advisor6. Personnel Placement Supervisor 16. Job Advisor and Counseling7. Employee Career Development

Supervisor17. Employee Mediator

8. Personnel Declare Administrator 18. Job Training Administrator9. Job Interviewer 19. Occupational Safety Specialist

10. Job Analyst

NOT ALLOWED JOB POSITION FOR EXPATRIATE


KEPUTUSAN MENTERI TENAGA KERJA DAN TRANSMIGRASI REPUBLIK INDONESIA

NOMOR 464 TAHUN 2012

No.

Position No. Position

1. Commisioner (Only For PMA Company)

10. Quality Control Advisor

2. Director 11. Research and Development Advisor

3. Marketing Manager 12. After Sales Service Advisor4. Finance Manager 13. Market Research Advisor5. Chief of Representative 14. Mechanical Advisor6. Assistant to Chief Representative 15. Machine Maintenance Advisor7. Chief of Branch Representative 16. Electrical Advisor8. Assistant to Chief Branch

Representative 17. Financial Advisor

9. Marketing Advisor

EXPATRIATE JOB POSITION THAT ELIGIBLE

FOR TRADING COMPANY

Changes in Regulations• 1 Foreigner : 10 Local Ratio no longer Required• Transfer of Knowledge no longer Required (only for Board of Director &

Commissioner Position) • No requirement to be able to communicate in Bahasa Indonesia


Other Mandatory Permits after Securing IMTA and KITAS

• Police Report Letter (Surat Tanda Melapor)• Temporary Residence Letter (Surat Keterangan Tempat Tinggal Sementara)• Arrival Report (Laporan Keberadaan)

• Plan Recruitment since Beginning :

• Job Position for expatriate employee• Educational and Experience Back Ground• Time Frame (Temporary Workers / Subsidiary Employees)• Determine who stays in Indonesia to run the business and

obtained KITAS• Secure Working Permit As Soon As Possible (2-3 Months before

effective date)

• Acquire all mandatory expatriate working permit

• Know the Obligation Post-issuance of working Permits, such as BPJS Registration and Tax Obligation (NPWP)

STRATEGY TO SECUREWORKING PERMITS


Expatriate

Utilization Plan (RPTKA)

Expatriate

Working

Permit Card

(IMTA)

Telex Vitas / Working Visa

Limited Stay

Permit (KITAS)

Police Report Letter (STM)

Temporary

Residence

Letter (SKTTS)

Arrival Report

(LK)

For more information about Expatriate Work Permit, please visit our website:

www.elson.co.id

0819 3274 1333

[email protected]

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THIS CONTENT FOR PRESENTATION ON PRO LEGAL’S LEGAL WORKSHOP:

“STRATEGI HUKUM PERUSAHAAN IMPOR DALAMMENJALANKAN USAHA DAN MEMPERKERJAKAN TKA”

THURSDAY, 29 SEPTEMBER 2016


WWW.PROLEGAL.IDLegal Event Specialist | Pro UKM | Tanya

Jawab Hukum