Provisions for Concurrent Positions of TKA in Indonesia

Foreign workers, known in Indonesia as Tenaga Kerja Asing (TKA), play a significant role in various industries. However, their employment is tightly regulated to ensure that it complements rather than replaces the local workforce. One particularly nuanced area is the issue of concurrent positions—when a TKA holds more than one position within the same or different companies. Indonesian law does allow for this, but under strict provisions.

Legal Basis and Permitted Scope

The main regulation governing TKA employment is Presidential Regulation No. 20 of 2018 on the Use of Foreign Workers, supported by Ministry of Manpower Regulation No. 8 of 2021. These rules allow TKA to occupy concurrent positions under specific conditions, primarily to support national development goals, transfer of knowledge, and address skill shortages.

According to Article 6 of the 2021 regulation, a TKA may hold more than one position, but only if it is:

1. In the same field of work,

2. At the same level of position,

3. Within a maximum of two companies,

4. Both companies must be legally registered and obtain permits for employing foreign workers (RPTKA).

This provision ensures that concurrent positions are not used to sidestep the national interest or undermine local employment.

RPTKA and IMTA: Dual Approval Required

To employ a TKA, a company must obtain a Foreign Worker Placement Plan (RPTKA). If a TKA takes on concurrent roles, each employer must obtain a separate RPTKA approval, specifying the job title, duration, and justification. Additionally, an Individual Work Permit for Foreign Workers (IMTA) must be issued for each role. This process helps ensure transparency and regulatory oversight.

The Ministry of Manpower will assess whether the TKA’s concurrent role is justifiable, whether it meets national needs, and whether the skillset cannot be fulfilled by Indonesian nationals. Authorities also scrutinize whether the foreign worker can realistically fulfill obligations across both roles without compromising quality or legality.

Employer Responsibilities

Both companies employing the TKA must fulfill their obligations independently. These include:

• Paying compensation funds (DKPTKA),

• Providing social security and health insurance,

• Facilitating skill transfer to local workers,

• Complying with work safety and labor norms.

Failure to comply with these responsibilities can result in administrative sanctions, including revocation of work permits.

Industries Where Concurrent Positions Are Common

Concurrent roles are typically seen in high-skill sectors such as oil and gas, construction, education, IT, and manufacturing. These sectors often suffer from skill gaps and require expertise that may not be readily available in the local market.

However, the government remains cautious, applying the concurrent position provision only where absolutely necessary. This ensures that TKA employment supports rather than disrupts national employment objectives.

Conclusion

Indonesia allows foreign workers to hold concurrent positions, but only within a tightly regulated framework. This policy aims to strike a balance between leveraging global talent and protecting domestic labor interests. Companies must navigate the complex permit process, comply with strict obligations, and ensure that the presence of foreign workers contributes positively to the economy and knowledge transfer. Ultimately, concurrent employment of TKA is a privilege, not a right—and one that must align with national priorities.