The Legalities of Working as Consultant on Spouse ITAP

[jstar]

In PDF format: http://www.koilaf.org/download.do?fileNo=2292

If you're not a foreigner hired by an Indonesian company (which has written approval with IMTA etc.), the definition of TKA would not apply to you.

 

[PhilippeD]

Very informative! Thank you Phillippe! Like I wrote before, I have not kept up with the latest news. My life has been consumed with other things.

Okay, I understand that I can work to support my family, and that Manpower has no right to interfere in my ability to work, nor do I need a permit from them. And, in fact, they cannot give me one. So I can ignore them. That's great, since I really don't like those slimy people.

But, I assume any laws that dictate requirements, such as UU 13, 2003, are still valid. Is that not true? In it, the need to have a degree related to the job sought is stipulated if I remember correctly.

Examples:
A spousal ITAP holder who wishes to teach physics in high school must possess a relevant bachelor's degree. It seems that, whether I'm considered a foreigner or local is irrelevant here - I must have the correct degree.

If you hold an ITAP and wish to teach your native language (French) in a university, you must have both a doctorate in a related field and a certificate of teaching French. If you're not considered a "TKA" because you have a spousal ITAP, however, then is it correct that the requirement would revert to that for locals, which means you'd need a master's degree in a related field, but no certificate?

What about outside the education field? Are there requirements from the government? I only possess a computer-related associate's degree, which is less than a bachelor's, but I assume that the government doesn't generally dictate educational requirements. Since I also have university credits beyond that, plus work experience, might I be eligible for an equivalency to a bachelor's degree?



I'm having trouble finding Peraturan Menteri Ketenagakerjaan Nomor 16 Tahun 2015 tentang Tata Cara Penggunaan Tenaga Kerja Asing. Does someone have a link to it? Is it relevant to a permanent resident like me?

Thank you to Bad_Azz and jstar for their input, too.

You must make a difference in between what are the requirement of the menpower (for being able to hire TKA) and what are the employment law (which I'm not quite aware of).

School and teaching are a special case as they are regulated by **the-government-department-that-regulate-school**.


If you have the right of work and are not TKA, the regulation that apply to you are the same than the one that apply to any other Indonesian.

 

[Om DelOreo]

Ok, so I'm heartened by the idea that, in effect, I am as employable as an Indonesian, and subject to the same relevant laws as them regarding jobs. Thanks for helping me to understand!

If I happen to have an encounter with Immigration, Manpower or some other ministry, how can I present my case to them so that they accept that what I'm doing is entirely legal?

 

[jstar]

In an amplop with some 100K notes?

 

[PhilippeD]

Ok, so I'm heartened by the idea that, in effect, I am as employable as an Indonesian, and subject to the same relevant laws as them regarding jobs. Thanks for helping me to understand!

If I happen to have an encounter with Immigration, Manpower or some other ministry, how can I present my case to them so that they accept that what I'm doing is entirely legal?

In an amplop with some 100K notes?

Worst thing to do, it will lead you in a no end spiral of bribing.

The thing to do is to know you right and the law article related.
Be able to explain it, if they don't want hear ask them to show you law or regulation that prove you wrong.
Better if you can know some of the law by heart.

For my case, after a tentative to intimidation and extortion, they come back to me with NOTHING and a "wait your KITAS finish to process before working"

 

[kratos]

Sorry its a bit out from the OP's topic

What do you call, someone with spouse sponsored KITAS, working from one company to another , teaching Professional English ?
I mean, does IMTA still needed for that?

 

[Bad_azz]

Sorry its a bit out from the OP's topic

What do you call, someone with spouse sponsored KITAS, working from one company to another , teaching Professional English ?
I mean, does IMTA still needed for that?

Freelancer?

 

[kratos]

Freelancer?

Yeah , pretty much like freelancer or part time contract ?

There are agreed sessions+ durations between 2 parties...
Payment according to tutor's presence/classes

 

[Om DelOreo]

Sorry its a bit out from the OP's topic

What do you call, someone with spouse sponsored KITAS, working from one company to another , teaching Professional English ?
I mean, does IMTA still needed for that?

If you are being sent to each company by a company you work directly for, then that is outsourcing, and you'll have an IMTA. If you are freelancing, then you're working based on what has been explained above by PhillippeD and others, and you don't have an IMTA. I cannot comment further than that.

 

[Fabius77]

Oh, I see the thread has remained active. Good, because there are developments for me.

I have the chance to work in a more stable form for a local company. My position would still be as freelancer, but I'd have to be present at the office one or two days per week. In the other five days, I'd work from home as much as it's needed to complete the tasks assigned to me.
It would seem that is still freelancing, from what I have read here.

Also, if I sign a contract that specifies a fixed monthly compensation, does it mean I am not a freelancer anymore?
If the compensation is called retainer instead of salary, does it change the situation legally?

 

[Bad_azz]

If the compensation is called an invoice /bill from you as the freelancer to the company instead of a salary does it make a difference?

 

[Fabius77]

If the compensation is called an invoice /bill from you as the freelancer to the company instead of a salary does it make a difference?

For me no, it doesn't make a difference. So that is the way to go.

 

[PhilippeD]

While I was still in Indonesia here is what was my plan:

Create a CV (personal company) at the name of my wife.
Have all contract sign by my wife.
Have all payment done in a account to her name.
Have all the money (minus the expenditure) transferred to an account to my name as my salary.

Immigration largely accept that we work for the spouse and I believe this way will avoid a lot of trouble on both side:
- Avoiding unwanted (and invented) trouble from immigration or manpower
- Convincing an employer it is legal to use your service without IMTA

 

[Fabius77]

While I was still in Indonesia here is what was my plan:

Create a CV (personal company) at the name of my wife.
Have all contract sign by my wife.
Have all payment done in a account to her name.
Have all the money (minus the expenditure) transferred to an account to my name as my salary.

Immigration largely accept that we work for the spouse and I believe this way will avoid a lot of trouble on both side:
- Avoiding unwanted (and invented) trouble from immigration or manpower
- Convincing an employer it is legal to use your service without IMTA

Well, that sounds feasible too. What should be done to create a CV? What level of hassle is it?

The company I am negotiating with is also willing to procure an IMTA for me.
Here is the strange thing, even if by the letter of the law IMTA should not apply to foreigners with spouse ITAS/P, it appears the manpower ministry does issue IMTAs also in those cases.

 

[Bad_azz]

Well, that sounds feasible too. What should be done to create a CV? What level of hassle is it?

The company I am negotiating with is also willing to procure an IMTA for me.
Here is the strange thing, even if by the letter of the law IMTA should not apply to foreigners with spouse ITAS/P, it appears the manpower ministry does issue IMTAs also in those cases.

Little hassle to set up- just need a notaris to do the paperwork as far as I know.


** not too sure of the ins & outs of this so have tagged it on the bottom: If the family business is going to earn less than a certain amount profit per year (I forget how much), then not even a CV is needed- but it is wise to get permission from the local RT/RW. I hope some other members can add to this.

 

[Fabius77]

I fully hope my annual income will be above that limit

My field of work is engineering, not a small trade or food business. I wouldn't have an office open to the public and the only infrastructure I need if working from home is a bigger computer screen.

 

[PhilippeD]

Well, that sounds feasible too. What should be done to create a CV? What level of hassle is it?

The company I am negotiating with is also willing to procure an IMTA for me.
Here is the strange thing, even if by the letter of the law IMTA should not apply to foreigners with spouse ITAS/P, it appears the manpower ministry does issue IMTAs also in those cases.

Be aware, for the company can supply you an IMTA you will need to change your kitas/kitap spouse sponsored for a company sponsored.
It don't change a lot of thing if you are on kitas.
Change a lot of thing if you are on KITAP and ned to restart it to zero (the 5 year of wait for have the full permanent KITAP)

 

[PhilippeD]

Little hassle to set up- just need a notaris to do the paperwork as far as I know.


** not too sure of the ins & outs of this so have tagged it on the bottom: If the family business is going to earn less than a certain amount profit per year (I forget how much), then not even a CV is needed- but it is wise to get permission from the local RT/RW. I hope some other members can add to this.

When you create a CV with money wise in mind, little profit don't worth the hassle and little fee.

But "us" it's not about the money wise part but about the legal wise part.
The only goal is to avoid problem from every side and being more easy to sold your service as "your CV will take care of your visa need" - which is way enough for many company for ease their mind even if us we know a CV can't hire a foreign and you don't need visa for being allowed to work.

The half hour of explanation of the law to a future employer worried of the legality of your employment is a killer for many.
Every immigration employee will agree on the fly that a foreinger can work for his wife business. In many case (places) it is more hard to have than agreeing that you are work all by yourself.

Like I said, the goal of creating a CV is for relaxing the situation and have your service more easily sold.
The money wise side is on the marketing in the hope it will bring more contract.

 

[PhilippeD]

I fully hope my annual income will be above that limit

My field of work is engineering, not a small trade or food business. I wouldn't have an office open to the public and the only infrastructure I need if working from home is a bigger computer screen.

Told them the CV of your wife will handle your "immigration fee" and overcharge them for 120 US$ (converted in rupiah) per month for covering your fee.
And put this money in your pocket.


***with the law that said that all payment must be done in rupiah, does depnaker still ask the imta fee to be paid in US$???

 

[centurion]

Be aware, for the company can supply you an IMTA you will need to change your kitas/kitap spouse sponsored for a company sponsored.
It don't change a lot of thing if you are on kitas.
Change a lot of thing if you are on KITAP and ned to restart it to zero (the 5 year of wait for have the full permanent KITAP)

You can have IMTA on spouse KITAS or KITAP and you do not need to change the sponsor.
I had spouse sponsored KITAP and IMTA from the company for 4 years without any problems or questions.
If your work is short term you can take temporary / short term IMTA.