If you’re planning to hire a foreign specialist in Indonesia, it’s crucial to manage the process correctly to avoid legal complications and hefty fines. This guide will walk you through the best practices to save time, money, and effort.
Mistakes to Avoid
- Improper Work KITAS Setup
A Work KITAS is the essential permit for foreign nationals to work legally in Indonesia. However, the process is expensive, costing more than $1,000. Learn more about how to apply for a Work KITAS here. - Working Without a Permit
Allowing a foreign employee to work without proper authorization can lead to severe consequences:- For the employee: Up to 5 years in prison or a fine of up to 500 million IDR, as per Article 122 of Immigration Law No. 6 of 2011.
- For the employer: Up to 8 years in prison or a fine of up to 1 billion IDR, as per Article 55 of Law No. 24 of 2011 on Social Security Administrative Bodies.
Simplify the Process: C18 Visa for Probationary Period
In 2023, the Indonesian Ministry of Justice and Human Rights introduced the C18 Visa, a new visa type designed for foreign workers on a probationary period. This visa simplifies the process of legally bringing specialists into the country.
Benefits of the C18 Visa
- Validity: 60 days with the option to extend.
- Purpose: Evaluate a potential employee’s suitability during the probationary period.
- Affordable: Costs significantly less than a Work KITAS. Learn more about the C18 Visa.
Activities Allowed with a C18 Visa
- Participate in activities related to the probationary period.
- Visit family or friends.
- Engage in tourism.
Restrictions of the C18 Visa
- Staying beyond the visa’s validity period.
- Performing paid work or receiving compensation.
- Engaging in employment without a Work KITAS.
Documents Required for a C18 Visa
To apply for a C18 Visa, you’ll need:
- A passport valid for at least 6 months.
- A recent color photograph.
- An invitation letter from the company or organization specifying the purpose of the stay (probationary period).
Conclusion
The C18 Visa is a cost-effective and efficient solution for companies to assess foreign specialists during a probationary period without immediately applying for a Work KITAS. It provides legal access for the employee to stay in Indonesia for evaluation purposes.
Once the probationary period is successful, the company can proceed with the Work KITAS application for long-term employment. By following the rules and respecting Indonesian laws, both employers and foreign workers can avoid unnecessary risks and ensure a smooth onboarding process.