On September 24, 2021, the Minister of Manpower (the "MOM") issued Circular Letter No. M/11/HK.04/IX/2021 regarding the Foreign Manpower Utilization Plans (Rencana Penggunaan Tenaga Kerja Asing or an "RPTKA") Approval Service During the Corona Virus Disease 2019 (COVID-19) Spread Handling ("Circular Letter 11/2021"). Circular Letter 11/2021 allows the approvals for certain RPTKAs. Previously, under MOM Circular Letter No. M/3/HK.04/II/2021 regarding the Foreign Manpower Utilization Service in the Prevention of the Entry of Corona Virus Disease 2019 (COVID-19) ("Circular Letter 3/2021"), the MOM had discontinued accepting new applications of RPTKA Approvals except for expatriates who worked in National Strategic Projects (Proyek Strategis Nasional or "PSN") and strategic/national vital objects with written considerations or specific permits from the relevant ministries/government institutions, for employers to apply for RPTKA Approvals for expatriates who were already in Indonesia.
Below is the summary of Circular Letter 11/2021.
- New RPTKA Approval Requests
Under Circular Letter 11/2021 new applications for RPTKA Approvals may be requested by employers for the following:
- Expatriates who work in PSNs and National Vital Objects based on a recommendation from the ministry that manages the coordination, synchronization, and handling of ministry affairs in the fields of maritime and investment (i.e., the Coordinating Ministry of Maritime and Investment Affairs); or
- Expatriates who have other specific and urgent reasons based on the recommendation from the relevant ministry/government institution.
However, RPTKA Approvals would not be granted for expatriates from certain countries with high COVID-19 spread according to the determination of the Minister of Law and Human Rights.
- Extension of Existing RPTKA Approvals
Similar to Circular Letter 3/2021, Circular Letter 11/2021 also allows employers to request for the extension of existing RPTKA Approvals for expatriates who are already in Indonesia.
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.