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FAQ

If the workplace is changed under the orders of the Employment Permit System, will it include the number of workplace transfers?

  • When an employment permit is issued by the Employment Center, the labor contract between the employer and the foreign worker has been established, and in accordance with Article 25, Paragraph 1 of the Act on Foreign Workers’ Employment, etc., employment restrictions placed on the workplace can be considered as a reason for changes in workplace.

Are foreign workers whose status have been adjusted from D-3 to E-9 subject to the “Act on Foreign Workers’ Employment, etc.”?

  • With the revision of the Enforcement Decree of the Immigration Control Act on June 1, 2007, the resident status of foreign workers with the D-3 status that are from countries that have entered a Memorandum of Understanding with the Korean Government will be changed to E-9 upon expiration of the previous status, making them subject to the Act on Foreign Workers’ Employment, etc.

Is physical assault from the employer a valid reason to request a workplace transfer?

  • Under Article 25, Paragraph 1 of the Act on Foreign Workers Employment, a workplace transfer for foreign workers is allowed if the employer is deemed responsible for the assault.
  • “It is acknowledged that the foreign worker is unable to work at the current workplace due to reasons other than his own.” Therefore, it is decided that a workplace transfer is valid.

Is a workplace transfer possible due to a foreign worker’s illness?

  • If the worker has been diagnosed with “irritant contact dermatitis” and “xeroderma,” issued a doctor’s opinion stating that “further involvement in the fishing industry will aggravate the disease,” Considering that due to the nature of fishery, which makes it difficult to avoid wind and seawater, understanding that it is difficult for the worker to remain in the industry, an exception is made to allow a workplace transfer to a different industry.
  • However, the occupation can be changed to the agricultural and livestock industries only.
    • ※ The above case is an example of a transfer permitted as an exception after clearly confirming the foreign worker’s illness.

Can a worker with a manufacturing visa switch to a different industry and revert back to the manufacturing sector?

  • If a foreign worker that entered Korea on a manufacturing industry visa requests a workplace transfer to an industry different from manufacturing, such as agriculture, livestock or fishery, or construction, a transfer between the industries is allowed, so if there is a justifiable reason for requesting a transfer, the requesting employee can move to a different industry, which in this case is manufacturing.

Will there be assistance for the foreign worker if one month has passed after the workplace transfer period expired because he was not told that there was a change of employment?

  • The Employment Center is mandated to place special attention, in arranging workplace transfers within a 1-month period by periodically obtaining a list of foreign workers whose employers reported change of employment, but did not request workplace transfers.

Will the workers, who were not able to find a new occupation after the closure of their workplace, receive help? (If the worker was unable to find a job within the job search period)

  • Workers unable to transfer to a new workplace (find a new job) within the 3-month job search period, or those whose employment terms (3 years or 4 years and 10 months) have expired must return to their home country.

Assistance in Workplace Transfers, and Unauthorized Leave from Workplace Resulting from Job-Related Accidents

  • In the case of a worker who left the workplace without authorization because he was not able to work after a work-related accident and received a recuperation approval, a request was filed to clarify his status with the Immigration Office by submitting a workplace transfer application along with a Leave Withdrawal Report. This is one of the precedents regarding such issue.