New Implementing Regulation on the Placement and Protection of Indonesian Migrant Workers

Minister of Labor and Transmigration Regulation No. PER.14/MEN/X/2010 on Implementation of Placement and Protection of Indonesian Migrant Workers (‘Regulation’) has been issued to facilitate the implementation of the provisions contained in Articles 26 (3), 32 (4), 36 (2), 40, 58 (3), 63 (2), 69 (4), 75 (4) and 76 (2) of Law No. 39 of 2004 on the Placement and Protection Indonesian Migrant Workers. The Regulation addresses the Mobilization License (Surat Izin Pengerahan or SIP), registration, recruitment and selection of the workers, employment contracts, placement and protection coordination, as well as others matters. The Regulation serves as the regulatory framework that strives to provide protection for the safety of Indonesian migrant workers who are placed in overseas positions.

Indonesian migrant workers are to be placed in overseas positions by Private Indonesian Migrant Worker Placement Agencies (Pelaksana Penempatan Tenaga Kerja Indonesia Swasta or PPTKIS) who are required to obtain a SIP from the Minister of Labor and Transmigration (‘Minister’), pursuant to Articles 2 and 3. To obtain a SIP, a PPTKIS must submit a written application to the Minister along with a copy of the placement cooperation agreement, a demand letter from the prospective employer, a draft placement agreement, and a draft employment contract. These documents can be in Indonesian, English and/or the language of the country of placement. The SIP will then be valid for 6 months and can be extended for a further period of 3 months.

Prospective employees, pursuant to Article 8, must register with their regency or city and must meet certain requirements, among others, an age of at least 18 years or 21 years (working for an individual employer), a statement of health (not pregnant for women), and meet the minimum education requirement specified by the prospective employer. PPTKIS will then recruit the potential workers out of those who have completed the registration based on further selection criteria such as the required skills.

An employment relationship comes into existence upon the signing of the employment contract between the employer and the migrant worker. The employment contract is made based on the draft that has been approved by the authorized official in the Indonesian Mission in the country of placement. The employment contract can be extended for a maximum period of a further 2 years, upon fulfillment of the requirements set out in Article 29. It should be noted that any amendment to the employment contract must be agreed on by both parties as well as the authorized official in the Indonesian Mission in the country of placement.

Furthermore, to avoid excessive charges being levied on the migrant workers, Article 45 provides a list of expenses that can be charged to the migrant workers. PPTKIS is prohibited from charging any fees other than those enumerated in Article 45. As for the placement fee, the ceiling is determined by the Minister in accordance with the country of placement.

With regards to monitoring, Article 55 states that a PPTKIS must monitor the location and condition of the migrant workers during the placement period, including the fulfillment of their rights and any problems faced by them. This monitoring duty can be performed directly by the PPTKIS or in conjunction with a partner agency and/or employer in country of placement. The monitoring results then have to be submitted, two times per year, to the Minister and to the Head of Placement and Protection of Indonesian Migrant Workers National Body (‘BNP2TKI’).

The Regulation repeals Minister of Labor and Transmigration Regulations No. PER.16/MEN/VIII/2009, No. PER.17/MEN/VIII/2009 and No. PER.18/MEN/VIII/2009.

The Regulation has been in force since 19 October 2010.