“A change in a foreign worker’s position or work location should not be treated solely as an internal matter, because permit documents must continue to reflect the actual work being performed.”
Foreign workers whose positions, work locations, or assignment structures change need a renewed review of their permits. A change that appears straightforward within the company can affect the Foreign Worker Utilization Plan (RPTKA), work visa, stay permit, contract, and sponsor’s responsibilities. Without an early review, the company may face problems during an audit, inspection, or permit extension.
In practice, changes often arise from business needs. A foreign worker may move to a new branch, receive a more senior position, join another project, or transfer to a different entity within the same corporate group. All these changes require careful consideration. Not every change automatically requires a permit update, but almost every significant change should be reviewed first.
JHY Legal considers it advisable to review changes to foreign worker permits before implementing the changes. This allows the company to determine whether the existing documents are still sufficient or require adjustment.
Why Should Changes to Positions and Work Locations Be Reviewed?
The employment of foreign workers in Indonesia is governed by provisions covering employers’ obligations and prohibitions, RPTKA approval, amendments to RPTKA approval, the Foreign Worker Utilization Compensation Fund (DKPTKA), stay permits, reporting, supervision, and administrative sanctions. Source: peraturan.bpk.go.id
RPTKA is a plan for the utilization of foreign workers. This document explains which foreign workers will be employed, in what positions, for how long, and by which employers. When actual circumstances change, the contents of the RPTKA need to be compared against the new situation.
Unrecorded changes can make the company appear inconsistent. For example, the RPTKA may show the position of technical advisor, while the internal structure identifies the foreign worker as operations director. Or the documents may show a work location in Jakarta, while the foreign worker regularly works at a factory or project in another city.
When Should a Change in a Foreign Worker’s Position Be Reviewed?
When the job title changes
A change in job title requires review. Examples include moving from specialist to manager, advisor to director, or consultant to head of department. A job title is more than an internal label. It indicates the role, authority, and scope of work.
If the new position carries different responsibilities, the company needs to check whether it remains consistent with the RPTKA and the rules governing the employment of foreign workers. Minister of Manpower Regulation No. 8 of 2021 implements Government Regulation No. 34 of 2021 on the utilization of foreign workers. Source: peraturan.bpk.go.id
When daily duties change
Sometimes the position remains unchanged on paper, but daily duties change substantially. This also deserves attention. For example, a foreign worker may initially provide technical advice and then begin leading a team, evaluating employees, signing approvals, or managing daily operations.
The company needs to assess whether the new duties remain within the approved scope. If they do not, the existing permit may no longer reflect the actual work being performed.
When the foreign worker moves to a different function
A move from a technical function to management, from project work to routine operations, or from advisory duties to decision-making requires review. These changes in function can affect the position, reporting structure, and sponsor’s responsibilities.
When Should a Change in Work Location Be Reviewed?
Work location is often considered a minor matter. Yet it can be an important part of the documents governing the employment of foreign workers. If a foreign worker moves from the head office to a branch, from an office to a factory, or from one project to another, the company needs to check whether the existing documents still fit the circumstances.
Moving to another office or branch
If a foreign worker is transferred to another office within the same company, HR and legal still need to review the documents. An occasional visit may differ from a regular assignment. The relevant factors are the work pattern, duration, and whether the new location becomes the primary workplace.
Assignments to factories, warehouses, or projects
Assignments to operational sites require greater care. Locations such as factories, warehouses, mines, construction projects, or production facilities usually have a different operational context from the head office. If the foreign worker’s activities at that location become routine work, the documents need to be reviewed again.
Working across several locations
Some foreign workers are needed to support several branches or projects. However, this should be mapped out from the outset. If an assignment initially covers only one location and later expands to several locations, the company needs to assess whether the change requires recording or updating.
“The objective is not only to keep foreign worker permits active, but also to ensure they remain consistent with the positions, locations, and work actually performed.”
Table of Changes That Require Review
The following table can help HR, legal, and management identify situations requiring review. It does not replace legal analysis, but can serve as an initial guide before the company implements changes.
| Change | Example | What to Review |
|---|---|---|
| Change in position | Advisor becomes manager or director | RPTKA, contract, organizational structure, and work visa |
| Change in duties | Moving from technical advice to leading operations | Job description, limits of authority, and suitability of the position |
| Change in location | Moving from the head office to a branch, factory, or project | Work location in the documents and the nature of the assignment |
| Change in sponsor | A foreign worker is sponsored by company A but works for company B | Official employer, guarantor, and the party benefiting from the work |
| Change in group structure | Restructuring, merger, or transfer of a business unit | Employing entity, company permits, and supporting documents |
| Extension of employment | A foreign worker continues working after the original plan changes | Validity periods of the RPTKA, visa, stay permit, and DKPTKA |
Changes in Company Structure That Can Affect Foreign Worker Permits
Change in the employing entity
Within a corporate group, foreign workers are sometimes used by several entities. For example, a worker may be sponsored by one limited liability company (PT) but assist another subsidiary on a daily basis. This situation requires review. The sponsor or employer is responsible for the employment of the foreign worker.
If the entity benefiting from the work changes, the foreign worker’s documents need to be reviewed again. The group relationship alone is not enough. What matters is the identity of the official employer and guarantor, and where the foreign worker actually works.
Restructuring or organizational changes
Company restructuring can change business units, positions, reporting lines, or assignment locations. If these changes affect a foreign worker’s position, the company needs to review the RPTKA and immigration documents.
JHY Legal often recommends that organizational changes involving foreign workers be discussed beyond HR alone. Legal, finance, operations, and management also need to participate in the review.
Mergers, acquisitions, or changes in control
Corporate transactions may also affect the employer’s status. Examples include changes in shareholders, group structure, or the consolidation of operations. In these situations, the foreign worker’s position needs to be reviewed alongside company documents, the Business Identification Number (NIB), Online Single Submission (OSS), operational permits, and relevant sectoral licenses.
How Changes Affect Visas and Stay Permits
Work visas and stay permits must align with the plan for employing foreign workers. The Directorate General of Immigration explains that a company acting as guarantor must first register the RPTKA through TKA Online before submitting a work visa application. Source: imigrasi.go.id
Immigration’s Indonesia Visa List also includes work visa categories, including the E23 Work Visa and several E25 categories for company commissioners, directors, deputy directors, general managers, managers, and supervisors. Source: imigrasi.go.id
Therefore, a change in position should not be updated only in the internal contract. The company also needs to assess whether the visa and stay permit still match the new position and activities.
Checklist Before Changing a Foreign Worker’s Position or Work Location
Before implementing a change, the company can use the following checklist:
- Check the foreign worker’s position in the RPTKA, contract, organizational structure, and internal documents.
- Compare the old and new duties in writing.
- Ensure that the new position may still be held by a foreign worker.
- Check whether the new location is covered by the existing documents.
- Ensure that the sponsor or official employer does not change without evaluation.
- Check the validity periods of the RPTKA, work visa, stay permit, and passport.
- Check whether the change affects DKPTKA or other supporting documents.
- Keep minutes, decision letters, or assignment letters explaining the change.
- Conduct the review before the foreign worker begins the new role.
Experience Assisting Changes to Foreign Worker Assignments
When assisting companies that employ foreign workers, JHY Legal often finds that small changes can have significant consequences. For example, a foreign worker initially assigned to a technical role may be asked to lead a new unit after restructuring. Others initially work at the head office and then regularly visit several operational sites. The review usually starts with the Expatriate Work Permit (RPTKA), a compliance audit for foreign workers, Investor KITAS / KITAP where relevant, NIB & OSS compliance, sectoral licensing, operational permits, and a corporate compliance audit if the company structure also changes. This mapping helps the company assess whether the change remains compliant or requires document adjustments.
Closing
Changes to positions, work locations, or company structures involving foreign workers need to be reviewed before implementation. They can affect the RPTKA, work visa, stay permit, contract, sponsor, and company documents. The sooner a change is reviewed, the lower the risk of inconsistency.
The benefits of an early review are clear. The company can maintain smooth operations, reduce audit risks, and ensure that foreign workers work in accordance with their valid permits. HR can also explain the history of changes more easily if the authorities request documents.
A practical step to take now is to list all active foreign workers and mark any changes in position, location, sponsor, or reporting structure over the past six months. The company can then identify which documents need another review. If the changes are complex, JHY Legal can help assess the relationship between immigration documents, employment requirements, and company structure so that decisions are made in a more orderly manner.
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