Provisions for Concurrent Positions of TKA in Indonesia – Business developments in the current era of globalization encourage a very significant economic movement for the flow of foreign capital funds into Indonesia. In the form of investment made by foreigners, either through individuals or through foreign companies not based in Indonesia, which plan to invest in Indonesia, is a way to stimulate economic growth in Indonesia.

However, it needs to be realized that foreign investment in Indonesia does not come by itself but is needed assistance workers, namely foreign workers (TKA) who are able to assist and create a good and conducive working climate and to meet the needs of skilled workers and professionals in certain fields that have not been filled by Indonesian workers and accelerate the national development process by accelerating the transfer of knowledge and technology (IPTEK) to Indonesian workers.

But can a foreign worker (TKA) occupy 2 positions while working in Indonesia?

Based on the explanation above, the following will be discussed further regarding who may occupy 2 positions of TKA in Indonesia/concurrent positions, especially foreign workers in Indonesia.

Definition of foreign (WNA)

Foreigner itself is meant in this case as a foreigner, a person who is not an Indonesian citizen. Based on Article 1 point 9 of Law Number 6 of 2011 concerning Immigration.

Definition of TKA

Foreign Workers are foreign citizens holding visas with the intention of working in the territory of Indonesia. In this provision, it is reaffirmed that every employer who employs foreign workers is required to have written permission from the Minister or an appointed official.

Certain categories of business fields that can use TKA

The Indonesian government regulates certain categories of business sectors that are allowed to use foreign workers (TKA) in the Decree of the Minister of Manpower No. 228 of 2019, as follows;

• Construction
• Real Estate
• Education
• Processing industry
• Water Management, Wastewater Management, Waste Management and Recycling and Remediation Activities
• Transportation and Warehousing
• Arts, Entertainment and Recreation
• Provision of Accommodation and Provision of Food and Drink
• Agriculture, Forestry and Fisheries
• Leasing and Leasing Activities without Option Rights, Employment, Travel Agencies and Other Business Support
• Financial and Insurance Activities
• Human Health Activities and Social Activities
• Information and Telecommunications
• Mining and excavation
• Procurement of Electricity, Gas, Steam/Hot Water and Cold Air
• Wholesale and Retail Trade, Repair and Maintenance of Cars and Motorcycles
• Other Service Activities
• Professional, Scientific and Technical Activities

What positions can TKA concurrently hold?

Employers who intend to employ foreign workers who have worked in other companies in Indonesia can still employ such foreign workers on condition that they continue to hold the same position as;

• Directors or Commissioners;
• foreign workers in the vocational education and vocational training sector;
• foreign workers in the digital economy sector; or
• Foreign workers in the oil and gas sector for cooperation contract contractors.

Additional requirements for ratification of multiple position RPTKA

1. Letter of approval from the employer of the first foreign worker.
2. The maximum period of use of foreign workers is until the expiration of the period of ratification of the RPTKA of the first foreign worker.

Closing

Thus the information regarding concurrent positions for foreign workers.

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