KOREA JOBS : Guide to Employment in Korea for Foreign Workers
What Foreign Workers Need to Know when Working in Korea
July 2004
Employment Policy Office
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Greetings
Foreign workers:
We welcome you to Korea and thank you in advance for your contribution
to the diverse industries of Korea including the manufacturing, construction,
agriculture, and service sectors.
We will do our utmost to ensure that you receive fair treatment during
your stay in korea.
We have prepared his guide booklet to help you make your stay in
Korea more fruitful and enjoyable. We ask that you read the guidelines
expressed in this booklet and keep them in mind at all times.
We ask for your active cooperation and earnest interest in complying
with the policies in this guide booklet.
Thank you.
Ministry of Labor, Republic of Korea
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What a foreign worker must always know in Korea
1. Personal Information
Name
Nationality
Address
(Tel: )
Passport No.
Alien Registration No.
Date of Entry
Expiry of Sojourn Period
2. Record of Employment
Date and Place of starting work in Korea
I started working at ____________________________________________(place)
on __________(month)________(date)________(year)
Changing Workplaces
(fill out if changing workplaces)
First change: to __________________on_______(month)_____(date)_____(year)
Second change: to _______________on_______(month)_____(date)_____(year)
Third change: to ________ ________on______(month)_____(date)_____(year)
3. Record of Sojourn
Original period of sojourn: from ___________________to_________________
First extension: from ______________________to _________________
Second extension: from ____________________to _________________
The Employment Permit System fro foreign workers enables workers
from countries with whicn the Korean government has concluded on MOU
on sending workers to be legally employed by companies in Korea which
have obtained a permit to employ foreign workers.
I. Legal Status of Foreign Workers
a. Foreing workers employed by companies in Korea under the EPS enjoy
legal employment status (visa status of stay: E-9) and are thus protected
just as Koreans are under the Labor Standards Act and other labor
laws.
b. Foreign workers are requird to joun the Employment Insurance,
Industrial Accident Compensation Insurance, National Health Insuranc,
and National Pension, and are eligible to receive benefits form such
systems.
c. It is illegal for employers to discriminate against foreign workers
by, for example, violating employment contracts or dismissing them
without justifiable cause. At the same time, foreign workers must
abide by all Korean laws related to their employment and actions and
will face punishment for any violations of the law.
d. Foreign workers may work in Korea for up to three years. At the
expiry of their period of sojourn, they must leave Korea.
e. Foreign workers may not be accompanied by any members of their
family while they are employed in Korea.
II. Matters to be Observed by Foreign Workers
Before being placed in workplace entry into Korea
a. Completing employment education designed for foreign workers
b. A foreign worker must go to a designated employment education
institute upon his/her entry into Korea and complete an employment
education course for foreign workers.
c. Workers from Indonesia, the Philippines, Thailand, and Sri-Langka
will take the course at HRD-Korea. Mongolian and Vietnamese workers
will take the course at the Korea International Labor Foundation.
d. Employment education will last 20 hours or more (between 2 nights-3days
and 3 nights-4 days) and cover the understanding of Korea, related
laws and basic knowledge essential to their employment.
Medical Checkup
· Under the Industrial Safety and Health Act, a foreign worker
is required to undergo a medical checkup diring the employment period.
*A foreign worker who fails to pass the initial medical checkup will
receive a second more rigorous checkup and be subject to immediate
repatriation if the foreign workers fails to pass the more detailed
checkup. Only when the results of the second checkup confirms that
the worker in questions is without any epidemic disease, his/her application
for admission into Korea be approved.
Joining Insurances
A foreign worker must join an accident insurance and a going-home
expense insurance within 15 days and 80 days, respectively, of concluding
an employment contract. (Workers are, in theory, supposed to purchase
insurance policies during the employment education period)
Accident Insurance: Insurance against death or illness of a foreing
worker other than industrial accidents at work (a foreign worker is
required to purchase this insurance policy during the employment education
period.)
Going-Home Expense Insurance: This insurance is designed to build
up savings to pay for going-home expenses (air fare) of foreign workers
(foreign workers will start paying insurance premiums to an account
which will be decided by the employment education institute within
80 days from entry into Korea).
During the period of employment after placement at workplace
1) Alien Registration (within 90 days)
A foreign worker placed at a workplace is required to apply for and
receive an alien registration at an immigration office or a branch
office with jurisdiction for the region in which he/she resides within
90 days from entry into Korea.
* An alien registration form, passport, and three photos (3x4cm)
are required and a service charge is imposed.
2) Limited changes of workplaces
A foreign worker must work at the workplace of the employer with
whom he/she has conducted an employment contract before entry into
Korea and must not leave the workplace where he/she has started working
to work at a different workplace without justifiable reason.
Workplace changes are allowed only in exceptional cases where the
current employment relations cannot be continued due to such reasons
as follows:
[Justifiable reasons for changing workplaces]
In the event the employer terminates the employment contract under
justifiable cause or refuses to renew it;
In the event a foreign worker cannot continue to work at a workplace
due to the suspension of business, closure of business or other grounds
for which the worker is not responsible;
In the event a workplace is placed under restriction from hiring foreign
workers under the EPS due to a violation of human rights including
physical assaults, delayed payment of wages and deterioration of working
conditions; or
In the event a foreign worker is not fit to continue work at the workplace
due to an injury caused by an accident but is able to work at another
workplace.
[Matters to be observed when changing workplaces]
A change in workplace may be permitted within the allowed scope
of business types but is not allowed from one business type to
another.
A foreign worker shall be reported to the Immigration Office as
an illegal resident and repatriated immediately if he/she
· Fails to apply for a workplace change within one month after
termination of his/her previous employment contract;
· Leaves his/her workplace without permission form the employer
· Attempts to induce a change in workplace by intentionally
neglecting his/her duties in order to move to another workplace where
wages may be higher;
· Fails to find a job in two months from the time the application
for a workplace change is filed and thus, has not been able to receive
a permit for a workplace change; or
· Finds a job him/herself or through friends, co-workers and
private job placement agencies.
In principle, workplace changes shall be limited to a total of three
times. But in the event the three changes in workplace were made due
to grounds solely accountable to the employer, an additional change
may be allowed.
4. Renewal of employment contract and extension of period of sojourn
A foreign worker shall renew his/her employment contract with the
employer every year during the period of employment. When he/she has
renewed the employment contract, he/she must obtain a permit to extend
the period of sojourn from the Immigration Office with jurisdiction
over the workplace.
5. Employment stay limited to three years, accompanying family members
not allowed, and timely departure required
The period of employment in Korea for a foreign worker is limited
to a maximum of three years. After the lapse of three years, he/she
must leave Korea. A foreign worker may not be accompanied by his/her
family during the employment period.
*Under the procedures of the Employment Permit System, a foreign
worker who voluntarily leaves Korea at the expiry of the employment
period is allowed to return after one year of his/her departure from
Korea.
6. How to receive insurance benefits
In the event of a foreign worker’s departure, change of workplace,
death or disease other than industrial accidents, as well as delayed
payment of wages, a foreign worker may receive insurance benefits
as stated in related laws.
Departure Maturity Insurance (joined by employers)
When a foreign worker, who has continuously worked for over one (1)
year at a workplace with five or more full-time employees, moves to
another workplace or leaves Korea and applies for insurance benefits
to the HRD-Korea, the insurer will directly send the insurance benefits
to the worker’s account.
Going-Home Expenses Insurance (joined by foreign workers)
When a foreign worker is planning to leave Korea (excluding a temporary
departure) soon, he/she shall submit a “report of planned departure”
to an Employment Security Center and apply to HRD-Korea for insurance
benefits. The insurer will send the insurance benefits to the worker’s
account.
Accident Insurance (joined by foreign workers)
When a foreign worker suffers an accident other than an industrial
accident and applies to HRD-Korea for insurance benefits, the insurer
will examine the accident report and send the insurance benefits to
the worker’s account.
In the event a foreign worker dies and a bereaved family member applies
to HRD-Korea for insurance benefits, the HRD-Korea will check whether
the person is a bona fide member of the bereaved family (in cooperation
with the sending country). After the verification of such information,
the insurer will send the insurance benefits to the account of the
bereaved family member. (Along with said insurance benefits, other
insurance benefits such as from the Departure Maturity Insurance and
Going-Home Expense Insurance will be sent at the same time.)
Guarantee Insurance (joined by employers)
In the event an employer of a workplace, with less than 300 full-time
workers or a workplace not covered by the Wage Claim Guarantee Act,
delays payment of wages, the worker may apply to HRD-Korea for insurance
benefits. The insurer shall examine the case to determine whether
payment of wages has been actually delayed and if so, send the insurance
benefits to the worker’s account.
3. Strict observance of Korean Laws
While a foreign worker stays in Korea, he/she must abide by all Korean
laws. Any violation shall be subject to punishment.
1. Observance of the Act on Employment of Foreign Workers, etc.
a. In the event a foreign worker has not used the standard employment
contract when concluding an employment contract; or
b. In the event a foreign worker has not subscribed to an accident
insurance.
-he/she shall be subject to a fine not to exceed five (5) million
won.
c. In the event a foreign worker is not insured by a going-home expense
insurance; or
d. In the event a foreign worker has refused to respond or falsely
responded to a public official’s request to make a report or
submit necessary documents.
-he/she shall subject to a negligence fine not to exceed one (1)
million won.
2. Observance of the Immigration Controls Act
e.In the event a foreign worker has committed an act that he/she
is not allowed to in accordance with the rules that govern his/her
status of sojourn or in case a foreign worker remains in Korea after
the period of lawful stay is over.
-he/she shall be subject to penal servitude or imprisonment not to
exceed three (3) years or be subject to a fine not to exceed 20 million
won.
f.In the event a foreign worker has left his/her designated workplace
without permission or has not obtained a permit for a workplace change
after leaving the workplace with permission; or
g. In the event a foreign worker has not applied for and received
an alien registration within a certain number of days as required
by law
-he/she shall be subject to imprisonment of one (1) year or a fine
of up to five million won
h.In the event a foreign worker has not duly reported a change in
any matters related to the alien registration or has not received
an alien ID card; or
i.In the event a foreign worker knowingly makes false entries in
various application forms or reports,
-he/she shall be subject to a fine not to exceed two (2) million
won.
3.In the event a foreign worker has been found to have taken narcotics
or committed crimes such as an assault, murder, or theft, he/she shall
be subject to punishment according to related laws.
III. Protection of the Rights and Interests of Foreign Workers
1.Legal protection of rights
1.Protection under the Labor Standards Act
In general, working hours are 44 hours a week (eight hours a day).
Upon agreement between a foreign worker and the employer, extended
work is possible (applicable to workplaces with five or more full-time
employees).
As a result of the revision of the Labor Standards Act, the 40-hour-work
week will gradually apply to SMEs with less than 300 employees from
July 2006 to the end of July 2011.
Wages are to be paid directly to workers in cash at least once a month
on set days.
Employers may not, without consent from workers, deduct or save any
part or all of workers’ wages
Foreign workers are entitled to receive additional wages for extended
working hours, working at nights (22:00-06:00) or on holidays (applicable
to workplaces with five or more full-time employees).
Foreign workers who have worked at a workplace for over one (1) year
is eligible to receive severance pay.
A workplace insured by a guarantee maturity insurance can substitute
the severance pay with the insurance benefits from the guarantee maturity
insurance.
Provisions on working hours, rest periods, holidays and leaves, and
overtime payment in the Labor Standards Act shall not apply to foreign
workers employed in businesses involved in housework, agriculture
and fisheries.
2.Protection under the Minimum Wage Act
Foreign workers are eligible to receive at the least the minimum
wage stipulated by law.
The current minimum wage : 2,840 won per hour
3.Protection under the Industrial Accident Compensation Insurance
Act
A foreign worker who suffers an occupational accident or disease
is eligible to receive medical treatment, rest from labor, and compensation.
The industrial Accident Compensation Insurance protects foreign workers
from all occupational accidents that occur inside a workplace, regardless
of whether to accident was due to the worker’s fault.
4. Protection under the Wage Claim Guarantee Act
In the event a foreign worker who is out of work , due to such causes
as the employer’s bankruptcy, and has not received wages and
severance pay, the worker is eligible to receive wages for the last
three months worked, severance pay for the last three years of employment,
and unemployment benefits for the past three months from the Korean
government.
In order to be prepared for a possible delay in the payment of wages,
an employer whose workplace is not covered by the Wage Claim Guarantee
Act is required to join a guarantee insurance.
2. Grievance Counseling and Handling
When a foreign worker has work-related problem or has been treated
unfairly or unreasonably, he/she may receive grievance counseling
and help from the grievance system.
1. Matters related to the Labor Standard Act
In the event a foreign worker has not received wages or severance
pay on time;
Has been assaulted by an employer or supervisor; or
Has been forced to work overtime, at nights or on holidays,
He/she may file a petition to the Labor Inspection Division of the
competent Regional Labor Office.
2. Matters related to the Industrial Accident Compensation Insurance
Act
In the event the workplace safety and health standards are not met
at a workplace,
A foreign worker can file a petition to the Industrial Safety Division
of the competent Regional Labor Office.
3. Matters related to employment
As regards matters related to change of workplaces or job placements;
Issuance of various documents needed while staying in Korea such
as certificate of employment; or
Grievance counseling,
The competent Employment Security Center will provide foreign workers
with counseling (please refer to the addresses in the Annex).
4. Language Assistance
In the event counseling or guidance in the native language of the
foreign worker is needed; or
Counseling for civil appeals or guide to a grievance system is needed,
The Call Center for Foreign Workers will provide counseling (Tel.
02-872-9797)
[Procedure of reporting and handling delayed payment]
Receiving reports or petitions on delayed payment of wages (Civil
Affairs Division) ? Asking the employer to appear before the office
(Labor Inspector) ? Fact-finding (Labor Inspector) ? Ordering the
employer to pay overdue wages if the fact-finding shows that the employer
has delayed payment of wages without justifiable cause (Labor Inspector)
? Subjecting the employer to related laws in the event he/she still
does not pay overdue wages (Prosecutor)
5. Matters related to sojourn
In the event the counseling on matters related to sojourn such as
issuance of alien registration, extension of the period of sojourn,
or permission for a workplace change is needed; or
In the event a foreign worker has been treated unfairly or is feared
to be the target of unfair treatment in entering or leaving Korea
or while in Korea,
He/she may receive counseling from the “Grievance Counseling
Office for Foreigners” in the Immigration Office.
6. Matters related to industrial accident compensation
In case a foreign worker needs to apply for industrial accident compensation
or apply for medical treatment because of an industrial accident (work-related
disease, injury, or death),
He/she may ask for help from the Korea labor Welfare Corporation
(Tel: 1588-0075).
7. Matters related to crimes
In the event a foreign worker falls victim to a crime or has been
treated unfairly in his/her period of employment,
He/she may seek assistance from the police (Tel: 112)
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