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  • Work Vitas for Indonesia

    Hi guys,
    I'm from Germany. Sorry directly for my poor english.
    I live in Germany and got a job offer from an Indonesian company.
    I know I need to get a sponsorship letter from them.
    Can someone give us more information what we need also!?!
    And what documents I still have to get from my employer in Indonesia.
    Thank you! :-)

  • #2
    The employer should apply for the work permit and visa for you ... !

    Information on various visas and needed documents here - http://www.expat.or.id/info/docs.html
    Danielle Surkatty
    Member of the Organizing Committee
    Living in Indonesia, A Site for Expatriates
    http://www.expat.or.id/

    Living in Indonesia Expat Forum
    http://www.livinginindonesiaforum.org/
    webmaster@livinginindonesiaforum.org

    Comment


    • #3

      Yes I know. But I want the employer to do everything right.
      Who has had personal experiences? What must be included in a sponsor's letter, for example?

      Comment


      • #4
        Originally posted by Ray Abramjan View Post
        ... Who has had personal experiences? What must be included in a sponsor's letter, for example?

        I don't have personal experience but from what we have heard in this Forum , employers don't show the process' details to the employee (we call "sponsor letter" as the request letter that the employer sends to the authorities for requesting the Work Permit and Visa/KITAS) , although , like you , I also would like to know the details . Unfortunately if you ask your future employer to give the details , this can be considered as lack of trust .

        Unfortunately too is that I feel that some employers present some untruth information to the authorities in order to get the Work Permit which would not be gotten otherwise , and this act is against the Law . So this is what I would recommend :

        - You must have a college or university diploma + minimum 5 years of work experience related to the diploma , otherwise the employer will have to present untruth information to the authorities
        - Ask for a detailed contract , specifying what your work will be and the respective job post's name . Check if there is no incoherence in that .
        - Wait at your home country until the employer send you the "Telex Visa" which is a pre-approval of a Visa you will get at an Indonesian Embassy of your choice .
        The Visa must be a Limited Stay Visa index 312 (work Visa/work VITAS) , for one year or less (for less than one year is risky) . Some people come to Indonesia with other type of Visa and end up working illegally until the employer gets the right Visa , which may take many months . After entering Indonesia with that Visa index 312 , your employer still need to request the work KITAS in order for you to start working (it can be as quick as one week) .

        http://www.expat.or.id/business/jobseekers.html (about legal work)


        -------------------------------------------------------------

        Law no.6 , year 2011
        Article 122
        Shall be punished with imprisonment of five (5) years and fined at most Rp500.000.000, 00 (five hundred million rupiah):

        a. any foreigner who deliberately misuse or engage in activities not in accordance with the intent and purpose of the Visa/Stay Permit given to him/her;

        b. any person who ordered or provide opportunity for the foreigner to misuse or engage in activities inconsistent with intent or purpose of the Visa/Stay Permit given to him/her.


        Article 123
        Shall be punished with imprisonment of five (5) years and fined at most Rp500.000.000, 00 (five hundred million rupiah):

        a. any person who knowingly gives a letter or false or falsified data or untrue statement with intent of obtaining Visa/Stay Permit for himself/herself or others;

        b. any foreigner who deliberately use the Visa/Stay Permit as referred above to enter and / or stay in Indonesia.

        Comment


        • #5
          Originally posted by Ray Abramjan View Post
          And what documents I still have to get from my employer in Indonesia.
          You need to get your appointment letter, stating your position, tenure, Location of work, responsibilities, working hours, compensation & benefits, deductions, Annual Leave & holidays, medical & insurance, tax clause, separation & suspension of employment, other terms & conditions..
          You need to get sponsorship letter which entitles you to enter Indonesia for work purpose.
          You need to have name, contact number, email address & address of office (PIC) whom you will contact for any inquiries and on your arrival.

          Other things like Tax card, Stay permit, Medical & Insurance card, will be processed once you get the work permit after entering Indonesia.

          Just be sure that you will be working legally and not part of any scam. Do background check of the company. Good Luck !!

          Comment


          • #6
            Originally posted by KenGmail View Post
            (I) You need to get your appointment letter, stating your position, tenure, Location of work, responsibilities, working hours, compensation & benefits, deductions, Annual Leave & holidays, medical & insurance, tax clause, separation & suspension of employment, other terms & conditions..

            (II) You need to get sponsorship letter which entitles you to enter Indonesia for work purpose.

            (III) ... once you get the work permit after entering Indonesia ...

            (I) For clarity , I would call this the "work contract" or as in the Law , "work agreement" (see below) . The name "appointment letter" is also used in the Law but is not applicable to a foreigner worker :

            Law no.13 , year 2003
            Article 63
            (1) If a work agreement for an unspecified period of time is made orally, the entrepreneur is under an obligation to issue a letter of appointment (surat pengangkatan) for the worker/ labourer.

            (2) The letter of appointment as referred to under subsection (1) shall at least contain information concerning:
            a. The name and address of the worker/ labourer;
            b. The date the worker starts to work;
            c. The type of job or work that the worker is supposed to do;
            d. The amount of wage that the worker is entitled to.

            (II) Lets clear this out . From www.dictionary.com/browse/entitle :
            [verb (used with object), entitled, entitling. 1. to give (a person or thing) a title, right, or claim to something; ...] . What gives (almost) the right to enter Indonesia is a Visa , not a sponsorship letter . A sponsorship letter is one of the documents required for getting certain Indonesian Visas , but not applicable for the work Limited Stay Visa/VITAS .

            (III) If Ray (OP) enters Indonesia with the work VITAS (index 312) , the Work Permit would have already issued , as it is one of the documents required for getting the Telex Visa for the work VITAS .


            -------------------------------------------------------


            Indonesian Law no.13 , year 2003 (Work Law)
            Article 54
            (1) A written work agreement shall at least include:
            a. The name, address and line of business [of the enterprise];
            b. The name, sex, age and address of the worker/ labourer;
            c. The occupation or the type of job;
            d. The place, where the job is to be carried out;
            e. The amount of wages and how the wages shall be paid;
            f. Job requirements stating the rights and obligations of both the entrepreneur and the worker/labourer;
            g. The date the work agreement starts to take effect and the period during which it is effective;
            h. The place and the date where the work agreement is made; and
            i. The signatures of the parties involved in the work agreement.

            (2) The rulings in a work agreement as far as point e and point f of subsection (1) are concerned must not run against the enterprise’s rules and regulations, the enterprise’s collective work agreement and valid statutory legislation [valid laws and regulations].

            (3) A work agreement as referred to under subsection (1) shall be made in 2 (two) equally legally binding copies, 1 (one) copy of which shall be kept by the entrepreneur and the other by the worker/ labourer.

            Article 55
            A work agreement cannot be withdrawn and/or changed unless both sides in the agreement agree to do so.

            Article 56
            (1) A work agreement may be made for a specified period of time or for an unspecified period of time.

            (2) A work agreement for a specified period of time shall be made based on:
            a. A term; or
            b. The completion of a certain job.

            Article 57
            (1) A work agreement for a specified period of time shall be made in writing and must be written in the Indonesian language with Latin alphabets.

            (2) A work agreement for a specified period of time, if made against what is prescribed under subsection (1), shall be regarded as a work agreement for an unspecified period of time.

            (3) If a work agreement is written in both the Indonesian language and a foreign language and then differences in interpretation between the Indonesian text and the one in the foreign language arise, then the Indonesian version of the agreement shall be regarded as the authoritative one.

            Article 58
            (1) A work agreement for a specified period of time cannot stipulate a probation period.
            (2) ...

            Article 59
            ....
            (3) A work agreement for a specified period of time can be extended or renewed.

            (4) A work agreement for a specified period of time may be made for a period of no longer than 2 (two) years and may only be extended one time for another period that is not longer than 1 (one) year.

            (5) Entrepreneurs who intend to extend work agreements for a specified period of time they have with their workers/ labourers shall notify the said workers/ labourers of the intention in writing within a period of no later than 7 (seven) days prior to the expiration of the work agreements.

            (6) The renewal of a work agreement for a specified period of time may only be made after a period of 30 (thirty) days is over since the work agreement for a specified period of employment comes to an end; the renewal of a work agreement for a specified period of time may only be made 1 (one) time [once] and for a period of no longer than 2 (two) years.
            (7) , (8) ...

            Article 61
            (1) A work agreement comes to an end if:
            a. The worker dies; or
            b. The work agreement expires; or
            c. A court ruling and/ or a decision or a resolution of the institute for the settlement of industrial relations disputes, which has permanent legal force, ends the agreement; or
            d. There is a certain situation or incident prescribed in the work agreement, the enterprise’s rules and regulations, or the enterprise’s collective work agreement which may effectively result in the termination of employment.
            (2) A work agreement does not end because the entrepreneur dies or because the ownership of the company has been transferred because the company has been sold, bequeathed to an heir, or awarded as a grant.
            (3) In the event of a transfer of ownership of an enterprise, the new entrepreneur [who now owns the enterprise] shall bear the responsibility of fulfilling the entitlements of the worker/ labourer affected by the transfer unless otherwise stated in the transfer agreement, which must not reduce the entitlements of the worker/ labourer.
            (4) If the entrepreneur, who is a sole proprietorship, dies, his or her heir may terminate the work agreement after negotiating it with the worker/ labourer.
            (5) If a worker/ labourer dies, his or her heir has a rightful claim to [acquire] the worker’s entitlements according to the valid statutory legislation or to the entitlements that has been prescribed in the work agreement, the enterprise’s rules and regulations, or the enterprise’s collective work agreement.

            Article 62
            If any one of both sides in a work agreement for a specified period of time shall terminate the employment relation prior to the expiration of the agreement, or if their work agreement has to be ended for reasons other than what is given under subsection (1) of Article 61, the side that terminates the relation is obliged to pay compensation to the other side. The amount of the compensation pay shall be the same as the amount of wages that the worker/ labourer in the work agreement is entitled to receive from the point of termination until the expiration of the agreement.

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