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Employment of Foreign Workers

Types and Size of Business Eligible for Foreign Workers under Working Visit (H-2) Status

Procedures for Foreign Workers under Working Visit (H-2) Status

Procedures Necessary for Foreign Workers Who Have Been Employed in Korea under Working Visit (H-2) Status to Change Place of Business

Types and Size of Business Eligible for Foreign Workers under Working Visit (H-2) Status

The Ministry of Employment and Labor announces a plan for the introduction of foreign workers including matters concerning the types and size of business eligible for the introduction of foreign workers annually by means of an official gazette, a daily newspaper, or internet (Article 5 Section 1 of the Act on the Employment, etc. of Foreign Workers and Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers).

Procedures for Foreign Workers under Working Visit (H-2) Status

Completing Employment Training for Foreign Workers

- Every foreign worker who enters Korea under Working Visit (H-2) visa must receive employment training provided by the Human Resources Development Service of Korea or the Korea International Labour Foundation within 15 days after his/her entry into the Republic of Korea (Article 12 Section 2 of the Act on the Employment, etc. of Foreign Workers and Article 10 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).

Health Examination

- Since employers are required to conduct general health checkups or special health checkups to protect workers' health (Articles 129 and 130 of the Occupational Safety and Health Act), health checkups must also be conducted for foreign workers.

※ Those whose health conditions require further examination as a result of the initial health examination are subject to a secondary in-depth medical examination. The workers subject to the secondary examination are quarantined in consultation with the relevant Immigration Control Office until the result of the secondary examination is confirmed. If the result shows that the relevant worker is eligible for employment, such worker is dispatched to the workplace as arranged. If the result shows otherwise, measures necessary for the relevant worker to depart from the Republic of Korea will be taken.

Applying for Employment

- A foreign worker who completes employment training must submit an application for job-seeking to the head of the employment center having jurisdiction over the relevant location, together with all of the following documents (Article 12 Section 2 of the Act on the Employment, etc. of Foreign Workers, Article 12 and Appendix 9 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers):

1. A copy of the passport; and

2. A copy of the visa for status of stay of Working Visit (H-2);

- The list of foreign workers who apply for employment is managed by the Human Resources Development Service of Korea (Article 12 Section 2 of the Act on the Employment, etc. of Foreign Workers and Article 31 Section 2 Subsection 5 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers).

Entering into Employment Contract

- Drafting Standard Employment Contract, etc.

· A foreign worker who has been registered on the list of foreign job-seekers and subsequently selected by the relevant employer is to enter into an employment contract with the employer who hires him/her in a standard employment contract form (Article 9 Section 1 of the Act on the Employment, etc. of Foreign Workers).

· A foreign worker who has entered into an employment contract is to receive 1 copy of the employment contract (Article 16 of the Enforcement Decree of the Act on the Employment etc. of Foreign Workers).

- Term of Employment Contract

· Aforeign worker and the relevant employer may enter into or renew an employmentcontract by consent of both parties within 3 years (Article 9 paragraph 3, Article 12paragraph 1, and Article18 of the 「Act on the Employmentetc. of Foreign Workers」).

· However, notwithstanding the 3-year limitation, if an employer has requested the Minister of Employment and Labor to permit re-employment of a foreign worker prior to his/her departure from Korea upon expiration of 3 years of employment, the foreign worker may be granted an extension of employment period only once within a period not exceeding 2 years and thereby enter into an employment contract within such extended period (Article 18-2 of the Act on the Employment etc. of Foreign Workers).

√ When the head of the employment security office having jurisdiction over a foreign worker’s place of stay receives an application for extension of employment period of the foreign worker whose employment period has expired, the head of the employment security office will issue a certificate of extension of the employment period within 7 days from the date of receipt of the application if he/she reviews the application for extension and concludes that it meets the relevant requirements (Article 14-2 Section 2 and Appendix 12-4 of the Enforcement Rule of the Act on the Employment etc. of Foreign Workers).

Reporting on Commencement of Employment

- Ifa foreign worker who has filed for alien registration commences his/heremployment for the first time in Korea, the foreign worker must report mattersregarding the commencement of employment(changes in registered matters) to a head of the ImmigrationService (hereinafter referred to as the “head of service”), a head of an Immigration Office(hereinafter referred to as the “head of office”), or a head of animmigration branch office(hereinafterreferred to as the “head of branch office”) having jurisdictionover his/her place of stay within 15 days from the date he/she startsemployment (Article 35 of the Immigration Act, Article 44 paragraph 1 of the 「Enforcement Decree ofthe Immigration Control Act」 and Article 49-2 subparagraph 4 of the 「Enforcement Rule of theImmigration Act」).

Application for Permission to Extend Period of Stay

- A foreign worker who intends to continue to stay in excess of the permitted period of stay on a ground such as renewing his/her employment contract must file an application for permission to extend his/her period of stay with a head of service, the head of office, or a head of branch office having jurisdiction over the matter before the expiration of the permitted period of stay (Article 25 (1) of the Immigration Act and Article 31 (1) of the Enforcement Decree of the Immigration Control Act).