When Hiring Foreign Workers under Non-Professional Employment (E-9) Status Who are Outside Korea
Application for Employment Permit- Only if an employer fails to hire national personnel entirely or partially despite efforts made to hire nationals, such employer may apply for an employment permit (Article 8 Section 1 of the Act on the Employment, etc. of Foreign Workers).
- Once application for employment permit is filed with an employment center, the center will recommend to an employer “who meet the requirements in terms of the types and size of business, etc. eligible for the introduction of foreign workers” at least 3 times the number of persons to be recruited (if the number of eligible persons is less than 3 times the number of persons to be recommended, such eligible persons shall be recommended), from among the eligible job-seekers registered in the List of Foreign Job-seekers who meet such requirements for recruitment as requested by the employer (Article 5 Section 2 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).
- The effective term of an employment permit is 3 months. Therefore, an employer must select eligible workers recommended to be recruited within the respective period (Article 8 Section 2 of the Act on the Employment, etc. of Foreign Workers).
Issuance of a Written Employment Permit- If an employer selects a worker to hire among such eligible workers as recommended by the relevant head of the employment center, he/she will issue a written employment permit describing the name, period of employment permit, etc. of the selected foreign worker (Article 8 Section 4 of the Act on the Employment etc. of Foreign Workers and Article 5 Section 5 or Appendix 5 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).
Entering into Employment ContractAn employer- who intends to hire such selected foreign workers must enter into an employment contract in using the standard employment contract form designated from Appendix 6 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers. (For agriculture, livestock, and fishery sectors, Appendix 6-2 of the Enforcement Rule of the Act on the Employment, Etc. of Foreign Workers(Article 9 Section 1 of the Act on the Employment etc. of Foreign Workers).
Application for Certificate of Visa Issuance- Any employer who has entered into an employment contract with a foreign worker may file on behalf of the foreign worker an application for a certificate of visa issuance with the Minister of Justice (Article 10 of the Act on the Employment, etc. of Foreign Workers).
- If an employer in Korea intends to receive a certificate of visa issuance on behalf of a foreign worker from the an Immigration Control Office within jurisdiction or its branch office (in this case, only either Ulsan branch office or Donghae branch office), the foreign worker who intends to enter Korea may file for visa issuance with the Embassy or Consulate of the Republic of Korea upon receiving such certificate of visa issuance.
Providing Employment Training for Foreign Workers- Every employer must cause foreign workers to receive an employment training provided by the Human Resources Development Service of Korea or a job training institution for foreigners within 15 days after entering the country in order to make him/her familiarized with guidelines necessary for working in Korea (Article 11 of the Act on the Employment of Foreign Workers and Article 10 of the Enforcement Rule of the Act on the Employment of Foreign Workers).