印度尼西亚 雇佣指南

Employees working under both definite and indefinite contracts enjoy the same statutory employment rights. The Labor Law only stipulates the legal duration for a definite term employment agreement.

Fixed-term employment agreements, per the new Government Regulation: GR No. 35 2021, can only be performed for a maximum period of five years. This limit includes any extensions.

The normal retirement age (NRA) was initially set at age 56 but increased to age 57 in 2019. It will now increase by an additional year every three years until the NRA reaches 65 in 2043.

Companies with ten or more employees must renew and resubmit work rules every two years and obtain approval from the government. In practice, it’s common for companies with just one employee to maintain registered rules.

To establish company regulations, an employer needs to file an application and obtain consent from two employee representatives who have read, agreed to and signed off on the rules and regulations.

Severance payments in Indonesia vary based on whether an employee is considered a definite-term employee or an indefinite-term employee.

For indefinite-term employees, mandatory severance payments consist of the following:

• Severance pay
• Service pay
• Compensation (remaining annual leave, repatriation expenses, and other compensation as determined in the employment contract)

There is a multiplier of 0.5x, 0.75x, 1.0x, 1.75x or 2x to the severance pay depending on the reason for termination In addition to service pay, according to service period and compensation:

For definite term employees:

Definite-term employees are entitled to receive a compensation payment upon the completion of the employment contract. If the employer terminates the employment agreement of a definite term employee before its expiration, the employer is required to pay the employees’ salary until the completion of the employment agreement period.

Article 60 of the Labor Law states indefinite contracts can enforce a probation period for no longer than three months. A definite contract cannot include probation.

All employees are entitled to 12 working days of paid vacation per year following one year of uninterrupted service.

The basic policy of Indonesian labor law is that the dismissal of an employee should be prevented. In some cases, it is even prohibited. The general principle is that the Labor Court must approve every termination of employment unless the termination is agreed or otherwise not disputed by the employee.

The Labor Law (as amended by the Job Creation Law) and GR 35/2021 can be interpreted as allowing the employer to effectively terminate the employment relationship by written notice of termination with reasons – while ensuring the employee has the right to object, negotiate and commence legal proceedings in the Labor Court for wrongful dismissal. The announcement of the termination shall be made in a form of Letter of Termination and delivered to the affected employee no later than 14 (fourteen) working days before the effective date of the termination.

If, following written notice, the employee agrees to a voluntary mutual termination agreement (MTA), the question of an employee’s acceptance or rejection of the termination should not be relevant. The execution of the MTA will be the outcome based on the employee’s response.

The employer is required to report the termination of an employee to the local Manpower Office and Letter No. 4/2022 enforces the requirement for standard documentation to be submitted. This includes the termination notice, a non-rejection of termination letter from the employee along with a standard application form. Upon submission of these documents, the Manpower Office will issue a standard receipt.

Religious Holiday Allowance (THR) for Employees (MOM No. 6) requires all employers to provide THR to employees who have at least one month of service. This applies regardless of whether the worker is employed on a permanent or temporary basis.

Workers who have served for a consecutive 12-month period are entitled to a minimum THR amount equal to one month’s salary. In practice, contractual or discretionary bonuses can be provided to employees.

Overtime pay is required, except for cases where an employee’s position, function or job makes them a “thinker, planner, implementer or controller” whose working hours cannot be limited to normal working hours.

Article 36 of GR 35/2021 specifies that written notice must be made in the form of a notification letter. This must be duly served to the employer at the latest 14 working days prior to the effective date of termination. However, a 30-day notice is recommended in practice.

Additional options beyond statutory benefits are limited. Common allowances are offered for transportation, meals, communications, etc. These are taxable. Net arrangements are common for expats.

The employer portion of health insurance and social security ranges from 10.24% to 11.24%. This covers public health insurance and social security.

Employers pay the monthly contribution to the designated banks by the 10th of the following month at the latest.

Generally, a salary payment is disbursed monthly around the 25th day of the month via bank transfer. Salary payments must be made in Indonesian Rupiah. International payments are also acceptable.

The payslip can be a hard copy or soft copy (PDF) by email. This is subject to the company’s discretion. In practice, for blue-collar level, the common method is hard copy – carbonized paper. For white-collar level, the common method is soft copy (PDF file) via email. Alternatively, some employers give employees access to the company’s HRIS portal.

• Workers who work a five-day week have Saturdays and Sundays off. Those who work six days a week are entitled to Sundays off.
• Indonesian public holidays are set by Joint Ministerial Decree. Every year, the Minister of Manpower, together with the Minister for Religious Affairs and the Minister for the Utilization of State’s Apparatus, issue a Joint Ministerial Decree specifying dates for each public holiday
• Most public holidays are religious dates. Since most religions follow a different calendar (for example, the lunar cycle), the exact holiday dates vary from year to year. Public holidays are included in the minimum statutory holiday entitlement.
• There are usually 16 public holidays in total together with several cuti bersama holidays.
• The concept of ‘cuti bersama’ (joint holiday) has been introduced by the Indonesian Government with the goal to promote domestic tourism. Joint holidays are provided to extend holiday weekends (usually given on a Monday or Friday). Thus, if a public holiday falls on a Thursday, the ‘joint holiday’ program encourages employers to give Friday off so employees have a four-day weekend. .
• According to Article 85 of Act 13 of 2003 Indonesian Manpower/Labor Law, workers are not required to work on public holidays. However, if work must be performed on public holidays, employers are liable for paying overtime payments to the workers.

• For 12 months of consecutive work, an employee is entitled to at least 12 days of annual leave. This can accrue one day per month from the commencement of employment. Employers have discretion to give more.
• Staff may normally wish to take a vacation leave over the Lebaran holiday period. In theory, the full holiday entitlement must be taken in one segment. However, if the employer agrees, the holiday may be taken separately provided that at least six working days are taken in one segment.
• In practice,  employees are not allowed to take annual leave during the probation period. Any absence will be regarded as unpaid leave.
• Carry-over of leave is subject to company discretion. For example, a leave balance can be carried forward up to March 31 of the following year. If the employee does not take his or her leave entitlement within six months of earning it, the annual leave will be forfeited.
• An employee who has been working under the same employer for six consecutive years may also be entitled to a leave of at least two months in the seventh and eighth year of employment.

• Employees are entitled to both paid sick leave as well as extended paid sick leave.
• Employees are entitled to paid sick leave in cases where an illness or injury is evidenced by a medical certificate or statement.
• Employees are also entitled to long-term paid medical leave, provided such leave is recommended in writing by a doctor and lasts for a period greater than one year.
• If a permanent employee is absent from work due to a severe illness, he or she is entitled to a monthly salary. This is to be paid by the employer):
  • For the first four months of absence, the employee must receive 100% of wages.
  • For the second four months of absence, they must receive 75% of wages.
  • For the third four months of absence, they must receive 50% of the wages.
  • For subsequent months, they must receive 25% of wages until a termination occurs.

• Women are entitled to three months paid maternity leave (by employer), but half of this period must be taken before the expected date of childbirth and the other half after.
• The maternity leave period may be extended on the advice of an obstetrician or midwife.
• Male workers are entitled to two days’ paid paternity leave if their wife gives birth or miscarries.

• Employees can take short periods of other paid leave for a variety of personal reasons. For instance, they are allowed:
  • three days’ leave for their marriage
  • two days’ leave for the marriage of their child
  • two days’ leave for the circumcision of their child
  • two days’ leave for the baptism of their child
  • two days’ leave for the death of their child

• Labor laws in Indonesia are silent on carers’ rights. In practice, leave can be granted by an employer as unpaid leave. This also applies for emergency care for a dependent, spouse or close family member.
• Female employees who suffer from pain during menstruation can take paid leave on the first and second day of their cycle.
• Muslim employees have a statutory right to take up to three months’ paid leave to complete the Haj pilgrimage to Mecca. An employee can take this leave only once during his or her lifetime.

Employers in Indonesia are required to pay a non-wage income or bonus (‘tunjangan hari raya’ or THR Mandatory Allowance) once a year to employees with one or more years of service. This must be disbursed at least seven days in advance of their religious holiday. Religious holidays in Indonesia include Eid al-Fitr (for Muslims), Christmas Day (for Christians), Day of Silence (for Hindus), Waisak (for Buddhists) and Chinese New Year (for Confucianists). According to Indonesian law, the payment is compulsory. It must be made based on the employee’s religion.

The bonus is equivalent to a minimum of one month’s pay. Alternatively, the employer can agree with the employee to pay on a specific date.

• For workers that have a minimum 12 month of service, THR amount is a minimum of one monthly salary/wages (basic salary + other fixed allowance).
• For workers that have more than one month of service and less than 12 months of service, the THR amount is apportioned accordingly (month of service/12 x 1 monthly salary)

Indonesians place a large emphasis on their religious diversity and collectivist society. During these periods, they spend money on items that are important to their culture, traditions, family and communities. As a result, THR plays a vital role for Indonesian families to be able to afford these festivals. The ceremonies and celebrations would be challenging for them to uphold without the THR.

According to Indonesian law Regulation 6/2016, employees hired on a permanent basis and temporary basis (freelance employees are included after the amendment of law) are eligible to receive THR.

If an employee has only worked for one month, he or she is still entitled to receive the THR payment. It is also worth noting the eligibility of THR is not based on an employee’s performance.

In cases where employees are terminated or if employees submit a resignation 30 days from their Religious Day, he/she is still eligible to receive THR Mandatory Allowance. (Article 7 MoM No. 6 Year 2016). This only applies for employees under an indefinite contract (permanent employees).