INDONESIA Law and Practice Contributed by: Indra Setiawan, Ridzky Firmansyah Amin, Marintan Panjaitan and Tifanny Natalia, ABNR Counsellors at Law
No statutory limitations or maximum quotas on the number of expatriates a company may employ. Nonetheless, Indonesian employment law explicitly requires that employers prioritise the hiring of Indo - nesian nationals, reflecting the government’s commit - ment to support and strengthen the local workforce. In addition, the company must appoint an Indone - sian mentee for each expatriate. The expatriates are required to provide education and training programs to the Indonesian mentees to transfer their knowledge and skills. 4.2 Registration Requirements for Foreign Workers Registration requirements that apply to the use of for - eign workers include: • a written application to the Ministry of Manpower, outlining the: (a) identity of the employer; (b) reasons for the use of the expatriate; (c) role or position of the expatriate in the organi - sational structure; (d) number of expatriates; (e) periods of use of expatriates; (f) identity of local counterpart employees for transfer of knowledge; and (g) annual work plan for the deployment of expa - triates; • corporate documents of the employer; • a draft of the expatriate’s employment agreement; • a chart that illustrates the employer’s organisational structure; • an undertaking to facilitate Indonesian language lessons for expatriates; and • the expatriate’s personal data.
Nevertheless, the Indonesian employment law stipu - lates that an employment agreement must at least include information on the location of the workplace. As such, if a mobile work arrangement is agreed between the employer and the employee, conserv - atively, it must be specified under the employment agreement, employee handbook, or collective bar - gaining agreement. Data privacy regulations in relation to mobile work will follow the general data privacy regulations, as there are no specific data privacy regulations related to mobile work. Please see 3.1 Data Privacy Law and Employment . In terms of occupational safety and health (OSH) in relation to mobile work, there are also no specific reg - ulations and/or restrictions in this regard, and general OSH regulations would apply. Similarly, there are also no specific regulations and/ or restrictions for social security regarding mobile work. The Manpower Social Security and the Health Social Security programmes will also cover employ - ees engaging in mobile work. What would generally be an issue in a mobile work arrangement, concerning OSH and social security, would be how to determine work accidents. Under OSH regulations, employers are required to report every work accident that occurs to the authorities. Work accidents will further be covered under the social security programme. Generally, work accidents are: • accidents that occur due to work and/or at the location of the workplace; • accidents that occur on the way from home to work or through the usual or a reasonable route; • accidents that occur while carrying out duties or official business travel on orders and/or for the benefit of the employer, or that are related to work; • accidents that occur during work hours, or during break times in which important and/or urgent work is being performed with the permission or knowl - edge of the employer;
5. New Work 5.1 Mobile Work
To date, there are no specific regulations and/or restrictions on mobile work in Indonesia. Consequent - ly, whether or not mobile work is to be performed depends on the agreement between the employer and the employee and/or the employer’s policies.
• sickness due to work; and • sudden death due to work.
279 CHAMBERS.COM
Powered by FlippingBook