Work Permit Foreign Workers (IMTA) is Changed to Notification? – The government has issued a new policy to expedite the licensing process which is considered to be very complicated and convoluted in Indonesia. One of them is in the labor sector, especially the procedures for using foreign workers. To simplify the licensing process for foreign workers, the government has issued a new regulation, i.e: Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Foreign Workers. This regulation automatically revokes the previous Presidential Regulation Number 72 of 2014 concerning the Use of Foreign Workers.
Through Presidential Regulation number 20 of 2018 the government seeks to simplify permits for foreign workers, i.e: by integrating the system in the Ministry of Manpower and the Directorate General of Immigration, Ministry of Law and Human Rights to facilitate the process of obtaining work permits and residence permits for foreign workers as stipulated in the Minister of Manpower Regulation Number 10 of 2018 concerning Procedures for the Use of Foreign Workers.
The Minister of Manpower Regulation Number 10 of 2018 replaces the previous provisions concerning the Use of Foreign Workers, i.e : Permenaker Number 16 of 2015 in conjunction with Permenaker Number 35 of 2015.
But before going any further discuss the new Regulations on the Use of Foreign Workers.
Do You Know What is IMTA?
IMTA is a permit to employ foreign workers. IMTA is an obligation of companies that will employ foreign workers. This permit must be owned by a foreign worker before entering and working in Indonesia. However, with the issuance of Presidential Regulation (Perpres) Number 20 of 2018, the IMTA provisions were abolished. IMTA is replaced with Notification.
Then is it The Same, IMTA and Notification?
The Notification function with IMTA is the same. What makes Notification different is that it becomes a part of the DKP-TKA payment process, so that the company sponsor no longer needs to check the payment of these funds, because it has become a part of licensing and also does not need to take the Notification results like IMTA.
In the Notification process, the billing code will be issued and within three working days, the company must pay the skills and skills development fund or abbreviated as DPKK of 100 USD per month.
After payment a Notification will be issued. Notification Permit is not in a physical form, but a document issued in electronic form, Notifications can be printed directly on the company’s online TKA account.
What differentiates the Minister of Manpower Regulation Number 10 of 2018 from the Minister of Manpower Regulation Number 16 of 2015 in conjunction with Permenaker Number 35 of 2015 in the use of foreign workers?
In Permenaker 10/2018 there are at least 10 new provisions which are regulated as follows:
1. Regarding permits to use foreign workers, now it is necessary to plan the use of foreign workers (RPTKA) is no longer needed a permit to employ foreign workers (IMTA).
2. Ratification of the use of foreign workers through RPTKA and Notification, no longer RPTKA and IMTA.
3. Regarding service time, previously for IMTA it took 3 days and RPTKA 3 days, now it is trimmed down to 4 days with details of 2 days RPTKA and 2 days Notification.
4. Permenaker 10/2018 removes recommendations from related ministries and institutions. Ministries and institutions have the right to determine what positions foreign workers can and cannot hold. The proposals from various ministries and institutions will be outlined in a regulation issued by the Minister of Manpower.
5. The current form of service uses a fully integrated online mechanism between ministries / agencies such as the Ministry of Law and Human Rights, the Ministry of Finance, and the BPJS.
6. The validity period of RPTKA is more flexible, according to the work agreement between the foreign workers and the employer. Previously, the validity period of RPTKA was only one year and could be extended.
7. Foreign workers who serve as directors or commissioners as well as shareholders do not need to take care of licensing. Previously, the two high positions in the company were obliged to pocket the IMTA. But for directors and commissioners whose positions are not shareholders, Permenaker No. 10 of 2018 mandates them to have RPTKA.
8. Currently employers are required to facilitate foreign workers to receive education and training in Indonesian. The ministry emphasized that this is not a requirement that foreign workers must meet before coming to Indonesia, but it becomes mandatory when the foreign workers are already working in Indonesia. The goal is that foreign workers who are in technical, expert, and professional positions can transfer their knowledge to local companion workers.
9. Now concurrent positions are not only for directors and commissioners. There are 3 other sectors that can hold more than 1 position, namely vocational education and training, oil and gas (K3S), and the digital economy.
10. In an emergency, the foreign workers can work first and then take care of the RPTKA. Previously, RPTKA was taken care of together with the entry of foreign workers. Permenaker No. 10/2018 regulates that there are four types of RPTKA, i.e : emergency and urgent, temporary, long-term, and amendments.
How to use Foreign Workers Licensing Services?
Please see below the organizational structure and list of service processes for licensing the use of foreign workers at the Ministry of Manpower of the Republic of Indonesia.
+ Pendaftaran Online
+ Permohonan RPTKA Baru
+ Permohonan RPTKA Sementara
+ Permohonan RPTKA Perubahan
+ Permohonan RPTKA Mendesak
+ Permohonan Notifikasi Baru/Jangka Pendek
+ Permohonan Notifikasi Perubahaan dari IMTA
+ Permohonan Notifikasi Perubahaan dari IMTA Daerah
+ Permohonan Notifikasi Non RPTKA
Some of this information is obtained from the website of the Ministry of Manpower and Hukum Online.
https://tka-online.kemnaker.go.id/alur.asp and https://www.hukumonline.com/berita/baca/lt5b57d36fd6277/inilah-10-aturan-baru-tata-cara-penggunaan-tkayang-perlu-dipahami/
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