There is no prohibition against background checks on applicants. Employers in Indonesia can perform background checks on applicants themselves using publicly available information or by using a third-party service. Certain background checks are, in practice, subject to the consent of the applicant.
Medical examinations
An employer can require a potential employee to undergo a medical examination as a condition of employment, as long as the same treatment is applied to all potential employees. The potential employee should give their written consent to both the examination and the release of the results to the employer. An employer can refuse to hire an applicant who does not submit or agree to the release of the results to the employer.
Drug and alcohol testing
Drug and alcohol testing can be carried out only in limited circumstances; for instance, where working under the influence of drugs or alcohol could give rise to health and safety considerations (eg, where employees drive or operate machinery) or serious damage to the employer's business. The applicant must consent to the test. Drug and alcohol testing should be carried out during employment only if justified, necessary and proportionate, and with the consent of the employee.
Excerpted from Lexology Panoramic: Labor & Employment 2024, published by Law Business Research.
Find the Indonesia chapter of Lexology Panoramic: Labor & Employment 2024 here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.