General Overview of the Mandatory Reporting of Job Vacancy
Background
Presidential Regulation No. 57 of 2023 on Mandatory Reporting of Job Vacancies (“PR 57/2023”) was issued in September 2023 to stipulate employers’ new obligation to report job vacancies in their companies by the employer to the Ministry of Manpower ("MoM") via the Manpower Information System (“Job Vacancy Report”).
In this article, we provide you with a summary of the Job Vacancy Report obligation under PR 57/2023. General Overview of Mandatory Reporting of Job Vacancy The job vacancies that must be reported to MoM under this new PR 57/2023 would include the job market and/or information on certain jobs and positions sought by job seekers and provided or offered by employers (“Job Placement”). The job vacancies that must be reported include domestic and overseas job vacancies.
Job Placement activities shall be conducted by job intermediaries (i.e., civil servants who are assigned and authorized as officers that provide inter-job services) through the manpower information system. Further provisions on the procedure of the Job Placement services will be further stipulated in a MoM regulation. (Article 2 and 3 of PR 57/2023).
As such, any employers who initiate new job vacancies either overseas or domestic job vacancies are required to submit reports on such vacancies through the manpower information system.
Reporting Domestic and Foreign Job Vacancy
An employer that provides a domestic job vacancy shall submit a report to MoM, which must consist of the following information:
(a) the employer’s identity;
(b) the job title/position and the total workforce required for such vacancy;
(c) the effective terms of the vacancy; and
(d) the job position information which includes (i) age, (ii) gender, (iii) education, (iv) skills and competences, (v) work experience, (vi) offered salary or compensation, (vii) work placement, and (viii) any related information.
Upon submission, the relevant report will be verified by a MoM officer. The employer is also required to report back to MoM if a new employee has filled the relevant vacancy. (Articles 4,5, and 6 of PR 57/2023)
Foreign job vacancies are also subject to this reporting obligation. Pursuant to Article 8 of PR 57/2023, the reporting mechanism for foreign job vacancies shall be conducted through the integrated manpower information system. The reporting mechanism must conform to the prevailing laws and regulations regarding the protection of foreign workers in Indonesia, including Government Regulation No. 59 of 2021 on the Implementation of Migrant Worker Protection in Indonesia. (Article 8 of PR 57/2023).
Utilization of the Job Vacancy Information
In order to provide maximum benefits to the employment sector in Indonesia, the job vacancy
information reported under this PR 57/2023 may be utilized for:
(a) obtaining a job with qualified skills, interests, and abilities;
(b) acquiring an employee that satisfies the requirements;
(c) workforce planning;
(d) workforce placement;
(e) reporting of the Market Information;
(f) market analysis;
(g) job analysis;
(h) training needs analysis; and/or
(i) the implementation of unemployment social security program.
(Article 12 of PR 57/2023)
Awards for Compliance
An employer who fulfils the Job Vacancy Report obligation will be granted an award in the form of a certificate or another form of award. The award shall be given by MoM, the governor, or the mayor/regent depending on the respective jurisdiction of the employer.
(Article 16 of the PR 57/2023)
Substantial Transition from PD 4/1980 to PR 57/2023
PR 57/2023 is a substantial transition of the job vacancy reporting obligation previously done manually to become the one facilitated via an online system.
This requirement was stipulated in Presidential Decree No. 4 of 1980 on Mandatory Reporting of Job Vacancy (“PD 4/1980”).
The criminal sanctions under PD 4/1980 are replaced with sanctions in the form of MoM’s written warnings based on PR 57/2023.
Sanctions
Please note that incompliances with the job vacation reporting obligation (including reporting obligation on job vacancies and filled job vacancies), are subject to administrative sanctions issued by MoM, the governor, or the mayor/regent, in the form of written warnings, further stipulation of which will be regulated under a MoM Regulation.
The article above was prepared by Audria Putri (Senior Associate) and Irfan Yusuf (Associate).
