Can anyone tell me how the law works in Indonesia about recruiting expats as English teachers? I have a spouse sponsored KITAP here in Indonesia
Can I Work on a Spouse KITAP in Indonesia?
Yes, you can generally work on a Spouse KITAP in Indonesia. This means that you have the legal right to engage in employment or business activities to support yourself and your family while residing in the country with your Indonesian spouse. The Indonesian government recognizes that foreign spouses of Indonesian citizens may have specific needs and desires to contribute to the local economy, and therefore, it allows them to work under certain conditions.
Legal Basis
- Article 52 of Law No. 6/2011 on Immigration: This article defines foreigners married to Indonesian citizens as eligible for a limited stay permit (KITAS).
- Article 61 of Law No. 6/2011 on Immigration: This article grants KITAS and KITAP holders married to Indonesian citizens the right to engage in work or business activities to support themselves and their families.
Work Authorization
Unlike other categories of foreign workers, KITAS and KITAP holders married to Indonesian citizens do not require a separate work permit to engage in employment or business activities.
Compliance with Regulations
Foreigners must still comply with all relevant Indonesian laws and regulations regarding employment and business activities, including but not limited to:
- Tax Obligations: Foreigners engaged in work or business activities in Indonesia are generally subject to Indonesian tax laws. They must file tax returns, pay income taxes, and comply with other tax-related obligations.
- Business Registration: If starting a business, foreigners may need to register their company with the relevant Indonesian authorities, such as the Ministry of Law and Human Rights or the Agency for the Assessment of Strategic Industries (BKPM). The registration process may involve submitting various documents and meeting specific requirements.
- Industry-Specific Regulations: Depending on the type of work or business, foreigners may also need to comply with additional regulations specific to their industry. For example, those working in certain professions may require licenses or certifications, while those starting a business in a regulated sector may need to obtain permits or approvals.
- Labor Laws: Foreigners must adhere to Indonesian labor laws, which cover matters such as minimum wage, working hours, overtime pay, and employee benefits. They should also ensure that their employment contracts comply with applicable labor regulations.
- Immigration Laws: Foreigners must maintain a valid KITAS or KITAP and ensure that their immigration status remains current. They may need to renew their permits periodically and notify the immigration authorities of any changes in their employment or business activities.
Additional Considerations:
- Type of Work: The specific type of work or business allowed may vary depending on the terms of your KITAS or KITAP and any additional requirements set by the Indonesian government.
- Business Registration: If starting a business, you may need to register your company with the relevant Indonesian authorities.
- Seek Legal Advice: If you have complex business plans or concerns, consider consulting with an Indonesian immigration lawyer for expert guidance.
Qualifications Needed to Teach English in Indonesian Schools
To teach English in Indonesian schools, foreign teachers typically need to meet the following qualifications:
- TEFL/TESOL Certification: A recognized TEFL (Teaching English as a Foreign Language) or TESOL (Teaching English to Speakers of Other Languages) certification is often a requirement. This certification demonstrates your proficiency in teaching English and your understanding of language acquisition principles. Â
- Bachelor’s Degree: A bachelor’s degree in any field is generally required. However, a degree in education or a related field can be advantageous.
- Native English Speaker: While many Indonesian schools prefer native English speakers to teach English, non-native English speakers with strong English language skills and teaching experience may also be considered for certain positions, especially in schools that focus on general English language instruction or specific language skills.
- Criminal Background Check: A clean criminal background check is typically required to obtain a work visa and to work in Indonesian schools.
While these are the general requirements, specific schools may have additional qualifications or preferences. It’s advisable to research the requirements of individual schools and prepare your application accordingly.
