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hether you are an employer managing a growing team or an employee entering a new role, understanding Indonesia’s employment law is essential for maintaining fair, lawful, and productive working relationships. Indonesia’s labor framework is designed to balance the rights and responsibilities of both parties, with strong protections for workers and clear obligations for employers.

This guide offers an overview of the key aspects of employment law in Indonesia, including contracts, termination, wages, social security, and dispute resolution.

Legal Framework of Employment in Indonesia

Employment in Indonesia is primarily regulated by:

  • Law No. 13 of 2003 on Manpower

  • Law No. 11 of 2020 on Job Creation (Omnibus Law)

  • Government Regulations (PP) No. 35/2021 on Employment Agreements, Outsourcing, Termination, and Severance

  • Ministerial Regulations on wages, BPJS, and working conditions

  • Law No. 24 of 2011 on Social Security Administration (BPJS)

Types of Employment Contracts

There are two main types of employment agreements under Indonesian law:

PKWT (Perjanjian Kerja Waktu Tertentu) – Fixed-Term Contract

  • Typically used for temporary or project-based work

  • Must be in writing, in the Indonesian language

  • Maximum duration: 5 years (including extensions)

  • Cannot be used for permanent roles

PKWTT (Perjanjian Kerja Waktu Tidak Tertentu) – Indefinite-Term (Permanent) Contract

  • No time limit

  • Includes probation period (max. 3 months)

  • Entitles employee to full severance rights upon termination

📄 All employment contracts must be in Bahasa Indonesia or dual-language (if one party is foreign), and registered in the online system of the Ministry of Manpower (for PKWT).

Employee Rights

Employees in Indonesia are entitled to the following legal protections:

  • Minimum wage (UMR/UMP) based on regional standards

  • Overtime pay for hours exceeding 40/week (with limits)

  • Paid leave: annual leave, public holidays, sick leave, maternity/paternity leave

  • Social security: BPJS Kesehatan (health) and BPJS Ketenagakerjaan (employment)

  • Safe and healthy working environment

  • Severance package upon lawful termination

✅ Employers are required to register all employees with BPJS and comply with wage standards.

Employer Obligations

Employers must:

  • Provide a clear employment contract

  • Pay wages regularly and on time

  • Register the company and workers with BPJS

  • Report manpower data and comply with labor audits

  • Follow procedures in case of termination or resignation

  • Prevent discrimination or harassment in the workplace

Termination of Employment

Termination is regulated strictly under PP No. 35/2021. Employers must provide:

  • Written notice with valid reason (business closure, redundancy, poor performance, etc.)

  • Compensation package, including:

    • Severance pay

    • Long service pay (if applicable)

    • Compensation for unused leave, housing, etc.

  • Mediation or negotiation if dispute arises

In some cases, approval from the Industrial Relations Court may be required.

Dispute Resolution

Labor disputes can be resolved through:

  • Bipartite Negotiation (internal settlement)

  • Mediation or Conciliation at the manpower office

  • Industrial Relations Court (PHI) for unresolved or escalated cases

⚠️ Both employees and employers are encouraged to maintain proper documentation and follow procedure to avoid legal consequences.

At AUFAR & Co Law Office, we assist both employers and employees in:

  • Drafting and reviewing compliant labor contracts

  • Structuring lawful employment terms

  • Handling termination procedures and severance

  • Representing clients in labor disputes or court

  • Providing training on labor law compliance

Don’t wait for a legal problem to become a crisis

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