Best Outsourcing Lawyers in Malang

Check the contract, worksite, and employer before taking action

Labor outsourcing in Malang involves a service user, an outsourcing provider, and workers assigned to perform agreed work. The provider is generally the worker’s employer, while the service user controls the worksite and may direct day-to-day operations under the service arrangement.

In Kota Malang and nearby Kabupaten Malang, issues can arise at factories, warehouses, hotels, restaurants, hospitals, campuses, and commercial sites. The exact local office and dispute route can depend on where the worker performs the job, so confirm whether the worksite is in Kota Malang or Kabupaten Malang.

Review both the worker’s employment agreement and the written service agreement between the provider and service user. These documents can clarify who handles wages, social security, workplace safety, supervision, and responsibility when a contract ends or a provider changes.

When a lawyer can help with a Malang outsourcing issue

• A worker at a factory or warehouse is dismissed after the service user replaces its outsourcing provider, and the worker disputes lost wages or continuity of employment rights.
• A hotel, restaurant, or campus worker is told to follow the service user’s instructions but cannot establish which company must pay wages, holiday allowance, or social security contributions.
• A provider bidding for work at a Malang industrial or commercial site needs its service contract and worker agreements checked for compliance and clear allocation of responsibilities.
• A worker at a hospital or other local institution faces a workplace injury and needs to identify which employer or site operator must address safety and compensation issues.
• A service user receives a complaint about unpaid wages, termination, or working conditions and needs to respond before the dispute reaches formal mediation.
• A worker or company has tried to resolve an employment dispute directly but needs help preparing evidence and registering the dispute with the manpower office for the worksite area.

Indonesian rules that govern labor outsourcing

Law No. 13 of 2003 on Manpower, as amended by Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation. Law No. 6 of 2023 took effect when promulgated on 31 March 2023. The amended Manpower Law provides the statutory framework for employment and outsourcing arrangements.

Government Regulation No. 35 of 2021 on Fixed-Term Employment Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment. This regulation took effect on 2 February 2021 and sets requirements for outsourcing agreements and worker protections, including arrangements when a provider changes.

Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes. It took effect on 14 January 2006. It provides for bipartite negotiations, conciliation or mediation, and court proceedings when an employment dispute remains unresolved.

The Constitutional Court’s Decision No. 168/PUU-XXI/2023, issued on 31 October 2024, affected interpretation of provisions in the Job Creation legislation, including outsourcing. Because implementation can depend on later rules and the facts of the work, obtain current advice before relying on a particular interpretation.

Frequently asked questions

Who is the employer in a labor outsourcing arrangement?

The outsourcing provider is generally the employer under the worker’s employment agreement. The service user may control aspects of work at its site, but that alone does not settle every question about legal responsibility. A lawyer can review the contracts and actual working arrangements.

Does a worker need to live in Malang to bring an employment dispute there?

Residence is not usually the key factor; the location where the worker performs the job can determine which manpower office handles registration. A worker based at a site in Kota Malang should confirm the correct office for that city, while a Kabupaten Malang worksite may involve a different office.

What documents should a worker collect before speaking with a lawyer?

Gather the employment agreement, outsourcing-provider details, payslips, attendance records, social security information, termination or reassignment notices, and relevant messages. Keep copies of any service-site identification or work instructions that help establish where and for whom the work was performed.

Can an outsourcing provider change without ending a worker’s employment rights?

Some protections may apply when a provider changes but the same work continues, subject to the applicable contract and legal requirements. The worker should have a lawyer check the employment agreement, service documents, and any transfer or continuity provisions before accepting a new arrangement.

How does a worker start a formal employment dispute in Malang?

The parties must generally attempt bipartite negotiations first and record the outcome. If they do not settle, the dispute can be registered with the manpower office for the area where the worker works, which can facilitate mediation or another applicable process.

How long can the dispute process take?

Bipartite negotiations have a statutory limit of 30 working days. Mediation and any subsequent court proceedings can take additional time, and there is no single total timeline that applies to every case.

How much does an outsourcing lawyer in Malang cost?

There is no single official fee for private legal representation. Fees depend on the work involved, such as contract review, negotiations, mediation assistance, or court representation. Ask for a written scope of work and fee arrangement before hiring.

Can a company use labor outsourcing for any role?

Do not assume every role is automatically eligible. The applicable statutory framework, implementing rules, current interpretation, and the actual work arrangement must be checked for the specific role and contract.

What if wages or social security contributions have not been paid?

Keep evidence of the amount due, payment dates, payslips, and any correspondence with the provider or service user. A lawyer can help identify the responsible party and decide whether to seek payment through negotiation or the employment-dispute process.

Can a service user be responsible for a provider’s employment violation?

Responsibility depends on the legal obligations, contract terms, and facts, including who employed the worker and who controlled relevant work conditions. A service user should not assume that outsourcing the work removes every possible legal exposure.

What should a business check before signing an outsourcing contract?

Check the provider’s legal status and required licensing, the scope of services, worker protections, supervision arrangements, payment terms, workplace safety responsibilities, and procedures for ending or changing the contract. Have the employment agreements reviewed alongside the commercial contract.

Official resources in Malang

• Dinas Tenaga Kerja, Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kota Malang: The city manpower office can provide information on local employment services and the handling of employment-dispute registration within its area.
• Dinas Tenaga Kerja Kabupaten Malang: This regency office handles local manpower matters for work locations in Kabupaten Malang, including relevant employment-dispute services.
• Dinas Tenaga Kerja dan Transmigrasi Provinsi Jawa Timur: The provincial agency oversees provincial manpower functions, including labor-related services and inspection functions within East Java.

Steps to find and hire a labor outsourcing lawyer

1. Confirm the worksite and immediate issue. Identify whether the job was performed in Kota Malang or Kabupaten Malang, and note any urgent wage, dismissal, or safety concern. This can be done before the first consultation.
2. Organize the key documents. Collect contracts, payslips, notices, messages, and a brief timeline of events. Allow one or two days to assemble records where they are available.
3. Shortlist Indonesian advocates who handle employment matters. Ask about their experience with outsourcing contracts, wage claims, termination disputes, and mediation in East Java. Verify their professional status before sharing sensitive records.
4. Compare consultations and fee proposals. Ask what the lawyer will review, who they will contact, and whether court representation is included. Obtain the proposed fee and scope in writing before instructing them.
5. Agree on a first strategy. Decide whether to request documents, negotiate with the provider or service user, or prepare for formal dispute registration. A lawyer can usually assess the immediate options after reviewing the core records.
6. Track negotiation and filing deadlines. Keep a dated record of communications and any bipartite meeting. If negotiations fail, promptly discuss registration with the correct manpower office and the next available legal process.