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Legal status of foreign workers
- All foreign workers, for the employment period, are under the same full protection of the labor laws like the Labor Standard Act, Minimum Wage Act, and Industrial Safety and Health Act as Korean nationals, provided that household service workers, like Korean nationals, are not covered by labor laws.
※ In case of household service, the employer and the foreign worker can decide and enforce all the labor conditions including working hours, dismissal, day off, holiday within enforcement regulations of the Civil Law Act and according to the principle of freedom of contract.
- Some provisions of relevant regulations exceptionally apply to the foreign workers in agriculture, stockbreeding, and fisheries industries.
※ Example: Foreign workers in agriculture, stockbreeding, fisheries industries are not covered by the “Provision of Additional Wages (extension and holiday work)” of the Labor Standard Act.
Applications for Business or Workplace Transfer
Although the foreign worker is prohibited from transferring to other businesses or workplaces in principle, the foreign workers can apply to the competent ESC to move to another business or workplace in case normal reemployment relationship cannot be maintained due to the following reasons.

Reasons for Foreign Worker’s Workplace Transfer Application
- Employer wants to terminate the employment contract during its term under justifiable cause or refuses to renew it after its expiration
- It is acknowledged that the worker cannot work at the workplace due to suspending or closing business and other causes not attributable to the foreign worker
- The foreign worker employment permission is revoked or steps restricting the employment are taken against the workplace at which the worker is working.
※ Reasons for revocation of the foreign worker employment permission
- The employer breaches labor conditions including wages that have been agreed upon before the entrance into Korea
- It is acknowledged that the labor contract cannot be maintained due to delayed payment of wages by the employer and/or other violations of labor laws.
- The employment permission was obtained by means of misrepresentation and/or other misconduct.
※ Reasons for restricting the foreign worker employment
- The employer hires foreign workers without obtaining employment permission
- The foreign worker employment permission is revoked
- Be punished for the violations of the Employment Permit System Act or Immigration Control Act
- The employer has domestic workers leave his/her job by employment control for a period of 6 months from the date of issuance of the foreign worker employment permission
- The employer ordered the foreign worker to work at any other businesses or workplaces than identified in the labor contract
- It is deemed that the foreign worker becomes unable to work at the business or workplace due to injury or other causes, but able to work at another business or workplace

In Case Reason for Workplace Transfer Occurs
Application for Workplace Transfer (Form No. 13 attached hereto) shall be filed with the competent ESC within 1 month after termination of the labor contract.
※ If the workplace transfer permission under provisions of Article 21 of the Immigration Control Act is not issued within 2 months after its application date or such application is not filed within 1 month after the termination of the labor contract with the employer, the foreign worker shall leave Korea.
Limitations on Foreign Worker Workplace Transfer
- Foreign worker is not allowed to transfer to another workplace more than three times during the employment period. However, an additional transfer is allowed if all three transfers have been caused by those cases as: 1) the worker cannot work at the workplace due to suspending or closing business and other causes not attributable to the foreign worker; 2) the foreign worker employment permission is revoked or steps restricting the employment are taken against the workplace; and 3) the foreign worker becomes unable to work due to injury
- Foreign worker’s transfer outside the industry is strictly prohibited.
※ The foreign worker who transferred to the workplace shall obtain a workplace transfer permission from the Immigration Bureau of MOJ.
Insurances and Trusts Application
The workers who entered Korea become entitled to be covered by Employment Insurance and the corporate holder of Medical Insurance, and shall carry Return Cost Insurance/Trust and Casualty Insurance, etc.
※ Refer to the details of “Insurances and Trusts”.
- Some provisions of relevant regulations exceptionally apply to the foreign workers in agriculture, stockbreeding, and fisheries industries.