When Hiring Foreign Workers under Non-professional Employment (E-9) Status
An employer who intends to hire foreign workers with Non-professional Employment (E-9) status must satisfy the following requirements in order to receive candidate recommendations from employment centers (Article 8 Section 3 of the Act on the Employment, etc. of Foreign Workers and Article 13-4 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers).1. To be the type of business eligible to introduce foreign workers and the business or place of business eligible to employ foreign workers determined by the committee for policy on foreign human resources (hereinafter referred to as the “policy committee”);
2. To fail to hire all or some national workers for whom a recruitment application is filed with an employment security office, despite the efforts made for at least a designated period (defined in Article 5-2 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers). However, the same shall not apply when the company has refused to hire nationals at least twice without any justifiable ground in spite of job referral by the head of the employment security office;
3. Not to release domestic workers from their office through an employment adjustment during the period of between 2 months before the date of filing an application for recruiting nationals until the date of issuing an employment permit for foreign workers;
4. Not to be in arrears with wages during the period from 5 months before the date of filing an application for recruitment nationals until the date of issuing an employment permit;
5. To purchase an employment insurance policy under the Employment Insurance Act and an industrial accident compensation insurance policy under the Industrial Accident Compensation Insurance Act; and
6. For a business or place of business having any foreign worker, to purchase an insurance policy for departure guarantee or trust deed and a guarantee insurance policy in case of overdue wages. However, as for the guarantee insurance, such obligation applies only to an employer obligated to do so.