Yassierli explained that the circular was issued in response to rising public concern over the long-standing and widespread practice of employers requesting and retaining employees’ personal documents—most commonly diplomas—to prevent them from leaving their jobs.
"Due to the asymmetric power favoring employers, workers tend to find it difficult to retrieve their withheld diplomas. This practice limits employees’ ability to pursue better opportunities and places them under pressure, ultimately dampening their productivity,” he remarked in Jakarta.
To uphold residents' right to fair and humane employment, he affirmed that the government has decided to ban employers from demanding and retaining original copies of employees' personal documents as collateral.
The minister highlighted that the protected documents also include certificates of competency, passports, birth certificates, marriage certificates, and vehicle ownership documents (BPKB).
Furthermore, it is now officially unlawful for employers to prevent their employees from resigning and seeking better job opportunities.
"It is crucial for those looking for jobs to fully comprehend the terms of their working agreements, ensuring that they are not required to surrender diplomas or other personal documents as collateral,” he stressed.
However, the minister clarified that employers may still be allowed to hold competency certificates under certain conditions, notably if the documents were issued following training courses funded by the employers, as stated in a written agreement.
"In such cases, employers must guarantee the security of the certificates they hold and compensate workers if their documents are damaged or lost," he added.
Yassierli noted that the circular letter would be forwarded to all governors, district heads, and mayors across Indonesia.
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Translator: Arnidhya N, Tegar Nurfitra
Editor: Yuni Arisandy Sinaga
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