Indonesian employment law is largely regulated by Law No. 13 of 2003 on Manpower, or the “Manpower Law.”
The foundational law was amended with the Job Creation Law (Omnibus Law). This is now referred to in Law No. 11 of 2020 on Job Creation (GR 35).
The Omnibus Law was implemented to help boost foreign investment and improve the ease of doing business in Indonesia by making the labor market more flexible. As such, the new laws removed restrictions such as capping the maximum amount of overtime hours and relaxing the complex termination rules.
The new law did not remove the existing Manpower Law, but rather implemented new rules on top of the old regulations. This has resulted in a two-track system that is even more complicated for foreign employers to follow. It is critical for businesses to work with an expert local partner, such as an EOR, to ensure compliant operations.
1. Employment Contracts
In Indonesia, there are two types of employment contracts:
- Definite-Time Employment Contract (PKWT)
- Indefinite-Time Employment Contract (PKWTT)
PKWT or Fixed-Term Contract can be used for work that is temporary, seasonal, or project-based. As per the Omnibus Law, the total duration of a PKWT (including extensions) cannot exceed five years in total. A PKWT should be in writing. A probation period cannot be used in PKWT. The probation period clause in a fixed-term employment contract shall be deemed void and not enforceable by law.
PKWTT or Permanent Contract can be used for permanent or continuing work. PKWTT can be made verbally, but the employer has a legal obligation to provide a letter of appointment to the employee. The letter of appointment is a formal letter from the employer to the employee that must be included with the key terms of employment. A probation period of up to three months is allowed, but only for PKWTT.
The employment contract must be made in the Indonesian language (Bahasa Indonesia). If there is a different interpretation or legal dispute, then in general, the Indonesian contract is always the valid one. If a bilingual contract is used, then the Indonesian employment contract should be prepared first.
A compliant contract should contain the name and address of the employer and employee, the job position or type of work, the location of work, the wage and method of payment, and the start date.
2. Working Hours and Overtime
Regular working hours in Indonesia are 40 hours per week, whether it is eight hours per day for five days a week or seven hours per day for six days a week.
Any hours worked over these regular hours are, by law, considered overtime work. Overtime work must be subject to a written order from the employer and a written consent from the employee.
After the Omnibus Law, the maximum overtime allowed increased to 4 hours per day and 18 hours per week.
Overtime is to be closely governed. The overtime pay rate for work on a normal workday is 1.5 times the hourly rate for the first hour, and 2.0 times the regular hourly rate for all additional hours. The usual way to calculate the hourly rate is the use 1/173 of the employee’s monthly salary.
3. Minimum Wage
Indonesia has no national minimum wage. Minimum wage floors are set at the provincial level. Provincial Minimum Wages (UMP) are determined by the government. Employers must pay at least the UMP in the province where work is performed.
A general increase of 6.5% was announced for all UMP rates for 2025. UMP rates can vary considerably by region, in line with differences in the cost of living. For example, the UMP for Jakarta is more than double the Central Java rate.
4. Employee Benefits
Employers in Indonesia must register all of their employees under the national social security program BPJS (Badan Penyelenggara Jaminan Sosial). This is split into two programs:
- BPJS Kesehatan (Health Security)
- BPJS Ketenagakerjaan (Employment Social Security)
The contributions are mandatory for all permanent (PKWTT) and fixed-term (PKWT) employees. This also applies to foreign workers (expats) who have worked in Indonesia for more than six months.
The costs of these programs are shared between employer and employee, with several different salary caps and risk levels that need to be calculated accurately.
5. Payroll Tax or Social Contributions
In addition to the required BPJS contributions, the employer is required to withhold employee income tax (PPh 21).
As of 2024, Indonesia has changed to a new monthly calculation system known as “TER” (Tarif Efektif Rata-rata or Effective Average Rate).
For January through November, the employer uses a single TER rate and applies it to the employee’s gross monthly income. The TER rate is taken from a government table based on the employee’s gross income and tax status.
The TER is used for monthly calculation only. The annual tax liability is still determined using the national progressive tax rates. The December payroll calculation compares the 11 months of TER payments to the total tax due on annual income. The December payment is adjusted to a larger or smaller final deduction.
The national progressive income tax rates are:
- 5% on income up to IDR 60 million
- 15% on income from IDR 60 million to IDR 250 million
- 25% on income from IDR 250 million to IDR 500 million
- 30% on income from IDR 500 million to IDR 5 billion
- 35% on income above IDR 5 billion
6. Termination and Severance Pay
Employee termination is one of the most legally sensitive and high-risk areas of Indonesian employment law. An employer must have a valid, lawful reason for terminating an employee under the Manpower Law and GR 35.
The employer must give a written notice of termination to the employee with reasons for termination. This should be issued at least 14 working days before the effective termination date.
The employee is then given seven working days to provide a written objection to the employer. The employer may not act unilaterally if an employee objects to termination and must resolve the termination through bipartite negotiations and, if necessary, through mediation at the local Ministry of Manpower and to the Industrial Relations Court.
The notice periods are:
- Employer-driven termination – 14 working days’ notice
- Employee resignation – 30-day notice
- Termination during probation period – 7 working days’ notice
On termination (except for gross misconduct or voluntary resignation), the PKWTT employees are entitled to a comprehensive statutory severance package. This is not a single payment but three distinct payments.
7. Foreign Workers
Employing foreign workers (expatriates) in Indonesia can be a very long, complicated, and restrictive process tightly controlled by the government.
The employer must secure an Expatriate Placement Plan (RPTKA) from the Ministry of Manpower. The RPTKA must justify the placement of a foreign national to work for the employer in Indonesia. The job, job duration, and the Indonesian counterpart to be trained in order to transfer knowledge to an Indonesian national must all be documented.
The employer can apply for a Limited Stay Visa (VITAS) on behalf of the employee after securing an RPTKA.
The employee must then use the VITAS to enter Indonesia and visit the immigration office in order to convert the VITAS to a Limited Stay Permit (KITAS). The KITAS is the actual work and residence permit. All of this complicated process must be sponsored by the Indonesian employer entity.