Change of work place under Revised Act on Employment of Foreign Workers

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Please read na lang po the Information regarding Change of workplace under Revised ACT......



Labor Updates:
Compiled: A.J. Juanites Jr.

The National Labor Consultation Center., would like to inform foreign workers pertaining to information related to Change Of Workplace under the revised Act.(Act On Foreign Workers’ Employment, ETC. Act No. 6967, August 16,2003, Newly Amended By Act NO. 9798, October 9,2009)

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. Are the following
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 foreign 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 inappropriate 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.

• Enforcement Date of the Amended Act.
Amended Act will be entered into force on April 10, 2010 ( six months after the promulgation).
However, provisions on the RE- Employment (Art,18-2) and Changing of Workplace ( Art. 25) are enter into force From
( two months after the promulgation). December 10.2009

• Labor Contract Peroid under Revised Act.
The provision on the restriction on Employment period is to be applied to Labor contracts to be signed or Renewed after
April 10.2010.Example, In case an employer signed a labor contract with foreign worker who entered Korea on May 1, 2009
For a year from May 1, 2009 to April 30, 2010, the employer can renew the labor contract within two year period from
May 1, 2010.
Signing of Labor Contract effective April 10,2010.(Art.-3) The employer who obtained employment permit pursuant to
Article 8 and the foreign worker may Conclude or renew a Labor contract for a period decided by mutual agreement within
the period pursuant to Article 18 (1).
• RE- Employment ,According to the Enforcement Rule of The Foreign Employment Act, An employer is required to submit a re-employment application 90 days to 30days prior to the expiration of the employment period of the worker.
Limitation on Re-employment- re-employment is only allowed once. If Re-employed , workers’ Re-employment period
Can be extended for less than two years.( One year and ten months).

• Number of Change of Workplace, How many times can foreign workers apply for Change of workplace.
For the first 3 year ( maximum ) employment period , workers are allowed to change workplace for up to 3 times in principles.
In case employment period is extended for RE-employment , workers can change workplace for up 2 times during the re- employment period if Legitimate reasons exist.
Changing of workplace before and after Re- employment is counted separately.
In case It is deemed impossible to continue to work in the workplace due business suspension, closure and other reason not attributed to the worker ( Art. 25(1)-2 will not be counted.

For more information, please call us at 1350 or 031-345-5000.or www.eps.go.kr,www.molab.go.kr

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