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Going to Indonesia: Key Labor Policies Overseas Enterprises Must Note

Outsourcing, Employment Contracts & Foreign‑National Employees: Severance Pay

Ⅰ. Significant Tightening on Outsourcing|Minister of Manpower Regulation No.7 of 2026 (Effective April 30)

This is the most impactful new labor regulation in 2026, narrowing the scope for outsourcing practices. Only six categories of auxiliary roles are permitted for outsourcing, while core‑business positions are prohibited from being outsourced:

‑ Cleaning services

‑ Catering / food & beverage supply

‑ Security services

‑ Drivers and staff commuting transportation

‑ Operational support services

‑ Auxiliary work within mining, oil‑gas and power‑generation industries

⚠️ Core Compliance Red Lines:

‑ Outsourced roles must be separate from the company’s core business and shall not directly engage in production or core service delivery.

‑ Principal enterprises bear joint‑and‑several liability: Clients will also face regulatory sanctions if outsourcing vendors default on salary payments, fail to remit BPJS social‑security contributions or delay THR holiday allowance disbursement.

‑ In cases of non‑compliant outsourcing, labor authorities may re‑classify the arrangement as a direct employment relationship under a permanent contract, ordering back‑payment of social‑security contributions, supplementary benefits and administrative penalties.

Ⅱ. Restructuring of Indonesia’s Labor Legal Framework: Shifting from Pro‑Business Back to Balanced Labor‑Management Relations

Following the Constitutional Court’s ruling on the Omnibus Job Creation Law, Indonesia is decoupling labor‑related provisions from the omnibus legislation and drafting a standalone revised labor law. The reform strengthens worker protections, employment stability and wage purchasing power. Companies will face shrinking flexibility for dismissals and workforce management, alongside rising labor costs going forward.

Ⅲ. Mandatory Wage & Social‑Security Rules (Latest 2026 Updates)

‑ Minimum‑wage hikes: Provincial minimum wages have generally increased by 5%‑7%. Jakarta’s UMP provincial minimum wage rises to IDR 5.73 million per month.

‑ Remuneration‑structure controls: Fixed salary must account for no less than 75% of total compensation; variable allowances are capped at 25%. Salaries cannot be excessively split to lower the calculation base for THR allowances and BPJS contributions.

‑ BPJS Social Security: Employees must be registered within 30 days of onboarding. Employers contribute 4% and employees contribute 1% for healthcare coverage. Foreign‑national employees working in Indonesia for more than six months are mandatorily enrolled.

‑ Currency for salary disbursement: Statutory wages must be paid in Indonesian Rupiah. USD‑denominated payments or off‑book cash salaries are non‑compliant.

Ⅳ. THR Religious Holiday Allowance (Indonesia’s Statutory 13th‑Month Salary)

This is a mandatory statutory benefit and cannot be substituted by year‑end bonuses:

‑ Employees with 12 months or more of continuous service qualify for one month’s base salary as THR.

‑ Full payment must be completed no later than seven days prior to the major religious holiday. Late payments incur fines and represent one of the most frequent triggers for labor complaints.

Ⅴ. Severance Pay Rules|Substantially Higher Redundancy Costs

Compensation for lawful termination consists of three stacked components:

‑ UP (Basic Severance Indemnity)

‑ UPMK (Long‑Service Reward)

‑ UPH (Entitlement Compensation, including accrued unused annual‑leave conversion, etc.)

Under the latest revisions, the compensation multiplier for restructuring‑driven layoffs has been restored to 1.0. Corporate‑led workforce downsizing carries materially higher labor costs. Lay‑off plans require advance budget assessment.

Ⅵ. Regulatory Controls for Foreign‑National Employees (Applies to both expatriate assignments and local hires)

Employment of foreign nationals in Indonesia follows the sequence: secure quota approval first, then obtain residence permits.

‑ A RPTKA foreign‑worker utilization plan approval must be obtained prior to applying for a KITAS limited‑stay work permit. Standard processing takes 4‑8 weeks.

‑ Head‑count cap for foreign nationals: maximum 10% of the company’s total workforce.

‑ Restricted roles: Foreign nationals are prohibited from holding HR manager and other labor‑relations‑related positions.

‑ Local‑capacity‑building obligation: Each foreign technical specialist must be paired with one Indonesian counterpart to receive structured annual professional training.

‑ Tax residency trigger: Individuals staying in Indonesia for over 183 days within one fiscal year become PPh21 tax residents. Tax authorities share data with immigration authorities. Cross‑border expatriation requires thorough tax planning.

Ⅶ. PKWT / PKWTT Employment Contract Administration

PKWT Fixed‑term contracts: Maximum cumulative term of five years; probation periods are not permitted.

‑ Each renewal requires executing a new written contract and registration within three working days after signing. Non‑compliance will automatically re‑qualify the arrangement as a permanent open‑ended PKWTT contract.

‑ Indonesian‑language contract versions are legally required. Indonesian‑language documents prevail in labor arbitration; Chinese and English texts serve for reference only.

Ⅷ. Hidden Compliance Pitfalls to Avoid

‑ Overtime restrictions: Maximum four hours per day, 18 hours per week, monitored via official digital systems.

‑ Company Regulations (PP): Mandatory for enterprises with 10 or more employees. The 2026 amendments explicitly require anti‑workplace‑bullying clauses to be incorporated.

‑ SUSU salary‑band filing: Companies must submit salary‑range filings for each job grade to the Ministry of Manpower. Failure to complete filing will block RPTKA approvals for foreign‑national staff.

Gonex Indonesia HR Solutions

Gonex maintains locally‑registered legal entities in Indonesia, acting as the formal legal employer to execute compliant employment contracts with local staff. Client companies retain authority over task assignment and performance evaluation. Gonex fully administers salary disbursement, BPJS contributions, labor‑dispute handling, termination settlements and compliance evidence management, insulating clients from direct labor litigation risks at source.
No local Indonesian corporate entity is required. Local employees can be fully onboarded in as fast as two weeks. Clients avoid heavy upfront costs for company incorporation, tax registration and office leasing. This model suits market‑entry testing, small‑scale business expansion and short‑term project staffing scenarios.
Additionally, Gonex delivers end‑to‑end work‑visa services for expatriate assignees to Indonesia. Supported by valid employer quotas and complete local qualifications, we handle employment permits, KITAS residence documentation, visa renewals, visa amendments and dependent‑family visas, enabling smooth deployment of expatriate personnel.
Overseas companies targeting Indonesia may scan to connect with dedicated cross‑border HR consultants for customized full‑cycle compliant staffing solutions. A specialist will follow up within 1‑2 working days upon submission. Should you require HR support for other jurisdictions, you may also reach our consultants for global labor‑compliance advisory.
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Why Gonex?

Experienced Management Team: each member in the team has 10+ years experiences in Overseas Human Resources Management, composed of seasoned HR professionals.

Powerful connection: Gonex has established over 10 entities worldwide, along with more than 30 stable partners, together offering the most comprehensive overseas human resource services to our clients.

Strict compliance with laws and regulations: At every step in our service process, Gonex strictly adheres to local laws and regulations, ensuring our clients completely avoid any legal disputes.

Competitive price: Gonex’s services are 20% more affordable compared to other companies in the industry, allowing our clients to allocate more resources to their core business.

 

What Gonex offer?

Employment of Record: This service helps clients legally hire employees in countries or regions where they do not have a legal entity established.

Payroll BPO service: This includes payroll project implementation plan development, project deployment, payroll calculation, payment of funds, administration of statutory and supplementary benefits, customized reporting, and other comprehensive payroll services.

Global Mobility: Based on the company’s internationalization strategy, the company assigns employees to overseas branches/subsidiaries and handles visa and tax matters in accordance with local policies, while assisting in the compliance management of employees throughout their international assignment life cycle.

 

GONEX One-Stop Solution: Your strategic partner

Compliance and Legal Adherence: GONEX’s Employer of Record (EOR) service ensures legal compliance in employing local staff.

Cross-Border Payroll and Tax Management: Streamlined payroll services simplify cross-border management.

Flexible Employment Solutions: Adaptable employment services cater to changing business needs.

International Talent Dispatch: Support services facilitate the dispatch of key talent to overseas.

Digital HR Management Platform: Technology-driven solutions enhance management efficiency and cultural integration.

 

Who do we serve?

Gonex served 70+ clients to expand overseas. The incomes of our clients like Mengniu, Kuaishou and CHINT are up to 192.4 billion.

 

Let Gonex assist you and your company with handling such complex overseas hiring processes! To access more information on corporate international expansion cases, global employment guidelines, worldwide compensation management, regulations for various regional countries, and factory establishment manuals in different nations, you are welcome to visit the GONEX official website at www.letsgonex.com to download these resources or view our company’s business introduction in PDF format (https://letsgonex.com/in.pdf).

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