“The Positions which eligible for Foreigners in the construction sector are limited to the regional manager, business development manager, construction managers, geochemist, geophysicist, environmental engineers, and civil engineers.”
In Indonesia, several limitations were imposed on the position that a foreigner could serve should they work here. For instance, according to Law No. 13 of 2003 on Manpower in which it stipulates that positions related to human resources or and other particular positions for that matter. The goal of this policy is to put local workforce first while also hiring foreigner in another position. Each business sector has its own unique position related to the work they are doing, and the construction sector is no exception. There are also limitations imposed in regards to positions that are available for foreigners in the construction sector, and through this article, we will scrutinize and highlight the positions that are eligible and ineligible to be served by a foreigner in the construction sector.
Limitation Position in General
First off, we will discuss certain positions that are prohibited to be served by a foreigner as stipulated in Minister of Manpower Decision No. 40 of 2012, which include:
a. personnel director;
b. industrial relation manager;
c. human resource manager;
d. personnel development supervisor;
e. personnel placement supervisor;
f. employee career development supervisor
g. personnel declare supervisor;
h. chief executive officer;
i. personnel and career specialist;
j. personnel specialist;
k. career advisor;
l. job advisor;
m. job advisor and counselling
n. employee mediator;
o. job training administrator;
p. job interviewer;
q. job analyst; and
r. occupational safety specialist.
As we have stated before, most of the positions that are not available for foreigners are related to the human resource sector as stipulated by Law No. 13/2003, and with this decision, the Indonesian Government put it into greater detail. Now that we know the positions that are not available for foreigners in general, we can discuss the positions that are available for foreigners, especially in the construction sector.
Limitation Specific in Construction Sector
The Minister of Manpower issued the Minister of Manpower Decision No. 228 of 2019 that contains 18 sectors of businesses that are available for foreigners, which include but not limited to:
b. real estate;
d. shipping and storage;
e. information and technology; and
This decision also reiterated that commissioner or director position is available for foreigners as long as it is not related to human resources management as stipulated in other prevailing law, and also, the decision stated that the positions filled by a foreigner and its requirements will be evaluated at least every two years or in the time where it is deemed necessary. As for the list of the available positions, it is provided in the appendix of the decision, for the construction sector, there are 181 positions available to be filled by foreigners which include:
a. regional manager;
b. business development manager;
c. construction managers;
f. environmental engineers; and
g. civil engineers.
Seeing that there are so many available positions available for the foreign worker in the construction sector, it is important for business actor in this sector to know what positions are available beforehand so that they can maintain their compliance to the prevailing laws as a business actor.
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