Workplace Change under the revised Act

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this website:http://www.molab.go.kr/english/dont_miss/faq_view.jsp?idx=143
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Dear Foreign workers,

This is the National Labor Consultation Center.

We would like to inform you of information related to workplace change under the revised Act as follows:

In principle, foreign workers shall work for the workplace which employs him after entry.

However, they are allowed to change workplace if there are legal reasons specified in the Foreign Employment Act.

The reasons are written below

1. The employer terminates during employment period for justifiable reasons or refuses to renew the labor contract after completion of labor contract.
2. The foreign worker cannot continue to work in his/her workplace due to reasons not attributable to him/her, such as closure or temporary shutdown of business.
3. In case the employment permit is canceled pursuant to Article 19(1) or any restriction is imposed on the employment of forien workers pursuant to Article 20(1)

•4. In case working conditions are completely different from the terms of the labor contract or employment relations are deemed impossible to be maintained by social norms due to employer's unfair treatment including violation of working conditions;
•
•5. In case it is deemed inapporopriate for a foreign worker to continue his/her work in the business or workplace due to an accidents, etc but he/she can continue to work in a difficult workplace or business
So, According to old EPS, for the first three year sojourn period, the workers may change workplace up to three times and after reemployment, for the second three year sojourn period, the workers may change workplace up to 3 times.

However, According to revised EPS, for the first three year sojourn period, the workers may change workplace up to three times and after reemployment, for the second sojourn period( less than 1 years and 10 months), the workers may change workplace up to 2 times.

And Under the revised Act, "In case it is deemed impossible to continue to work in the current workplace due to business suspension, closure, and other reasons not attributable to the worker", the changing of workplace is excluded in the counting the number of workplace changes.

We hope that this counseling will facilitate your understanding on revised EPS.

For more information, please call us at 1350 or 031-345-5000.

Sincerely yours,

NLCC

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