Companies in some regions of Indonesia, including Jakarta, have been allowed to reopen their workplaces, with certain mandatory adjustments to the working arrangements.
The Ministry of Health ("MOH") has issued Decree No. HK.01.07/MENKES/328/2020 on Guidelines for the Prevention and Supervision of COVID-19 in Offices and Industrial Workplaces to Support the Continuity of Business in the Pandemic Situation ("MOH Guideline"). The guidelines provide certain measures that need to be taken by employers upon their return to the office during the pandemic.
In Jakarta, where the large-scale social restrictions (Pembatasan Sosial Berskala Besar or "PSBB") are still being implemented during the transition period, companies must comply with the obligations set out under Regulation of the Governor of DKI Jakarta No. 51 of 2020 on the Implementation of Large-scale Social Restrictions in the Transition Period ("Regulation 51"). Companies that fail to comply with these obligations are subject to administrative sanctions, including a fine of IDR 25 million.
Employers generally must implement measures to prevent the spread of COVID-19 in the workplace.
In accordance with the MOH Guidelines and Regulation 51, employers are required to take preventive measures, including the following:
- establishing an internal COVID-19 management team, whose main duties include monitoring the latest COVID-19 information and instructions from the central and regional governments in their area, and preparing COVID-19 prevention protocols
- requiring all employees to wear masks while on the office premises, and when traveling to and from work
- adjusting working hours (e.g., staggered start times, split shifts or split teams) to adapt with the pandemic situation
- screening employees and visitors before they enter the premises, using the self-assessment form provided under the MOH Guidelines
- providing a separate area/room for the observation of employees who have symptoms of fever, sore throat, cough, runny nose or shortness of breath during screening
- implementing hygiene and sanitation of the work environment
- carrying out transmission prevention techniques, e.g., installing barriers or glass screens for employees who serve customers
- conducting temperature checks at each entry point of the workplace
- implementing at least 1 meter physical distancing in the workplace
- limiting the capacity of the workplace to a maximum of 50%
Foreign Employees in Indonesia
Most foreigners are still temporarily prohibited from entering Indonesian territory under Regulation of the Minister of Law and Human Rights No. 11 of 2020 on Temporary Prohibition for Foreigners Entering Indonesian Territory.
Subject to certain requirements, the following individuals are permitted to enter Indonesia:
- holders of Limited Stay Permits ("ITAS") and Permanent Stay Permits ("ITAP")
- holders of Diplomatic Visas (Visa Diplomatik) and Service Visas (Visa Dinas)
- holders of Diplomatic Stay Permits (Izin Tinggal Diplomatik) and Service Stay Permits (Izin Tinggal Dinas)
- aid and support staff entering Indonesia for medical, food and humanitarian reasons
- transportation crew members
- foreigners working for national strategic projects
These individuals must:
- have a health certificate (in English) from the country of origin or a fit-to-fly notification letter
- have a written statement of willingness to enter either an Indonesian government quarantine facility for 14 days or maintain an individual quarantine under the supervision of the Indonesian health authority
Work Permit and Stay Permit
The Ministry of Employment ("MOE") and immigration offices are still limiting the issuance of work permits and stay permits.
The MOE currently only accepts and processes applications for renewals of existing work permits. Applications for new work permits are not currently being accepted.
The immigration offices also only accept applications for renewal of existing ITAS. Applications for new ITAS are only accepted for VITAS holders who have entered Indonesia but have not obtained an ITAS.
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