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HOW DO I EMPLOY AN INDONESIAN WORKER ?

With effective 1st August 1998, the procedure to employ an Indonesian worker will be as follows :

An employer shall employ an Indonesian worker

An employer will not be charged for such service but is required to pay for worker's transportation expenses to arrive in Malaysia.

PJTKI is prohibited to open branch or local office in Malaysia or select an individual or company as its agent to provide such service to employer.

An employer is responsible to provide the worker with air ticket from the "exit point" in Indonesia to the "entry point" in Malaysia and shall reimburse the worker's transportation expenses from the place of origin to the "exit point".

The pass, visa, processing and levy fees will be borne by the worker. In the first year of employment, an employer will pay such fees on behalf of the worker and has the right to deduct such charges from the worker's monthly wages subject to certain conditions imposed under the Employment Act 1955.

Deposit payment to the Immigration Department is the responsibility of the employer.

In the event of death, the funeral and cost of sending the remains back to the home country will be managed by the employer and subsidize under the the Workmen's Compensation insurance scheme.

A worker must be in healthy condition, free from dangerous diseases and has a medical report from an institution recognized by the Ministry of Health, Malaysia. A copy of the medical report must be carried along by the worker at the entry point and be shown to the Ministry of Health whenever necessary.

Expenses for travel document, medical check up and other cost incurred in Indonesia is the responsibility of the worker.

The terms of employment and the format of contract of service must be precise and be submitted with Agent appointment letter from PJTKI Indonesia or at the time when an employer get in touch with the Embassy of Indonesia for employer making their own selection of worker directly.

The terms of employment must be provided to the worker on or before such worker commence work and shall conform to the terms agreed by both parties at the time of selection. The minimum terms imposed shall be as follow (in Malay) :

1. Nama jawatan : (Position)
2. Nama syarikat : (Company name)
3. Sektor/produk : (Sector or product)
4. Corak kerja : (State the activities to be performed by the worker including the working environment e.g. working in an air-conditioning factory, heavy work, great heat and etc.)
5. Kadar upah : (Pay rate must be stated clearly and not referring to a certain scheme only)
6. Waktu bekerja : (Working hours)
7. Cuti : (State clearly the leave entitlement)
  (i) Cuti rehat mingguan :   (Rest day)
(ii) Cuti Sakit : (Sick leave)
(iii) Cuti kelepasan am : (Public holiday)
8. Elaun : (State the estimation of allowance)
  (i) Elaun lebih masa :   (Overtime allowance)
(ii) Elaun-elaun lain : (Other allowances)
9. Faedah Lain : (Other benefits)
  (i) Perumahan :   (Housing)
(ii) Rawatan dan perubatan : (Medical)
(iii) Pemberhentian kerja : (Termination)
(iv) Ganjaran : (Bonus or Incentive)
(v) Lain-lain : (Others)

An employer is responsible to renew the worker's pass 1 month before the expiry date. Fine or compound for such failure will be borne by the employer.

The expenses for the worker to return to home country will be borne by

  • employer - at the end of contract of service
  • worker - worker resign
  • employer - termination by employer
  • worker - termination due to breach of contract

An employer is responsible for the safe keeping of the worker's passport and shall return it to the Embassy of Indonesia in the event the worker fled.

The Indonesian agent (PJTKI) is responsible to inform the employer in Malaysia the total expenses paid by worker and those paid in advance by the Indonesian agent. However, the reimbursement of such expenses shall be dealt directly between the worker and PJTKI.

A worker shall be between the age of 18 and 40 years.



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