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Legal Rights

National Labor Relations Act application

  • National Labor Relations Acts such as Labor Standards Act, Minimum Wages 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)

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 Wages 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)