Legal Rights
National Labor Relations Act application
- National Labor Relations Acts such as Labor Standards Act, Minimum Wage Act, Industrial Safety and Health Act are applied to foreign workers and native Koreans equally.
- Remedy of Rights is possible through Working Condition Improvement Department and Labor Relations Commission in case of illegal act/mistreatment by employers such as labor contract violation, unfair dismissal.
- However, National Relations Act is not applied to those who employed in household or care-giver for the sick (equally applies to natives and foreign workers).
- In addition, Labor Standards Act on working hours/day-off/recess hour are not applied to the foreign workers who work in agriculture and stockbreeding industry and fishery(equally applies to natives and foreign workers).
Legal Rights
Labor Standards Act
- - The standard working hours are 40(44) hours a week(eight hours a day). Working hours can be extended upon agreement between parties.
- - Workers' wages will be paid regularly over once a month in cash or through the bank account on the date specified in the labor contract
- - Foreign workers are entitled to receive overtime pay for extra work or night shift (22:00-06:00) or working on holidays. (Does not apply to companies with 4 or less employees)
- - Foreign workers are entitled to receive retirement payment when workers have worked for over 1 year continuously (Does not apply to companies with 4 or less employees)
Minimum Wage Act
- Foreign worker can be paid over minimum wage decided by law
Industrial Accident Compensation Insurance Act
- In case of injury or disease on duty, medical care/treatment benefit, compensation for business suspension, compensation for disability, bereaved family's benefit can be received.
Social insurance application
- Industrial Accident Compensation Insurance, National Health Insurance, National Pension (reciprocity policy applies) are applied
Discriminative treatment prohibition
- Discrimination against foreign workers is banned as per Article 22 of the Act (Prohibition of Discrimination).
- Just and reasonable assessment as to the productivity and capacity of foreign workers is allowed.
Regulations on employment period
- Foreign workers can be employed in Korea for maximum 3 years but accompanying family is restricted. After sojourn period expires, foreign workers should depart from Korea and the worker cannot employed in Korea again unless after 6 months from the day of departure (employment restriction period) in pursuant to EPS Act (the Article 18 of Act on the Employment, etc. of Foreign Workers).
- However, sojourn period of contract expired workers can be extended only 1 time within 2 years according to the labor contract renewal if employers request for reemployment before workers departure (the Article 18 ② of Act on the Employment, etc. of Foreign Workers).
