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ENGLISH

Employment of Foreign Workers

Foreign nationals seeking employment in the Republic of Korea are obliged to obtain employment-eligible status. Depending on the classification of the status of the stay granted, employment may be limited.

The governing law for the employment of foreign workers whose status of stay is either Non-professional Employment (E-9) or Working Visit (H-2) is the Act on the Employment, Etc. of Foreign Workers.

A foreign worker is entitled to a legal status as a worker in the Republic of Korea. Accordingly, such foreign worker is guaranteed fundamental labor rights and social basic rights under the relevant laws regarding social security, and if such labor related rights are infringed, the infringed party is entitled to remedies to recover for or reinforce his/her infringed rights.

Under the Act on the Employment, Etc. of Foreign Workers, a holder of either Non-professional Employment (E-9) or Working Visit (H-2) status may work as an employee for up to 3 years in the Republic of Korea. Foreign workers under Non-professional Employment (E-9) status can work again as an employee under the above Act only after the lapse of 6 months from the date of his/her last departure from the Republic of Korea.

A foreign worker who has entered Korea under status of stay eligible for employment shall file for alien registration and may work as an employee within the scope permitted under the relevant status of stay and the permitted period of stay. A foreign worker who changes or intends to change matters previously registered including details of alien registration, status of stay, period of stay, place of work, or place of residence shall report such changes or obtain permission of such changes under the Immigration Act.

Dismissed Worker

"Dismissal" means that the employer terminates the work relationship unilaterally regardless of the worker's intention, regardless of the name or procedure it is actually called in the workplace.

If the employer dismisses the worker without justifiable reasons, the worker may apply to the Labor Relations Commission for relief.

Industrial Accident Compensation Insurance

Industrial Accident Compensation Insurance is a form of social insurance that pays industrial accident compensation insurance benefits to workers suffering from occupational accidents.

In order for a worker suffering from an industrial accident to receive industrial accident compensation insurance benefits, the business they are working for shall be a policyholder of the Industrial Accident Compensation Insurance and the industrial accident shall be recognized as an occupational accident.

This document provides detailed information about industrial accident compensation insurance benefits such as medical care benefits, temporary layoff benefits, disability benefits, nursing benefits, injury-disease compensation annuities, survivors' benefits, funeral expenses, vocational rehabilitation benefits, etc. which shall be paid to workers suffering from occupational accidents by the Korea Workers' Compensation & Welfare Service, and of rehabilitation support and aid.

Unemployment Benefits

Do you experience difficulty in making a living due to the lack of regular income while trying to find a new job? People who possess required skills and are actively looking for a job may be able to receive unemployment benefits. The said benefits are designed to help workers gain stability of their livelihood and make efforts to find a new job more efficiently.

This content examines ① job-seeking benefits, ② employment promotion allowance, ③ unemployment benefits for self-employed, ④ resolution of unemployment benefits-related problems, and provides information on relevant laws.

Retirement Plans

An employer offering retirement benefits to employees on a lump sum basis must pay an amount worth at least 30 days’ average wage for every year of continuous employment to retiring employees.

As for retirement pension plans, three types exist: defined benefit pension plan, defined contribution pension plan and individual retirement plan. A defined benefit pension plan is a retirement plan in which the employee receives a predetermined amount of benefits upon retirement. A defined contribution pension plan is a retirement plan in which the employer contributes toward an employee’s retirement a predetermined amount of money, corresponding to one-twelfth of the annual wage. An individual retirement plan is a program allowing an employee to transfer retirement benefits received upon leaving a job or retirement to an individual savings account, specifically designed for this purpose.

Fixed-Term and Part-Time Employees

Fixed-term and part-time employees, who number among temporary workers, are subjects of special protections under the Act on the Protection of Fixed-Term and Part-Time Employees in matters such as discrimination and working conditions, etc.
This article, “Fixed-Term and Part-Time Workers,” therefore compiles and provides the legal information necessary for the protection of fixed-term and part-time workers, including the concept of fixed-term and part-time workers and the scope of their application, procedures to correct discriminatory treatment, government support, the conclusion of employment contracts, recess and leave, the termination of employment contracts, retirement allowance, etc., in an accessible form.

Female Workers

Female workers need to be protected in the working environment due to their inherent physical and physiological characteristics.

The working environment and working hours of female workers, as well as examination time, leave, and wages necessary for pregnancy and childbirth (including miscarriage and stillbirth), shall be guaranteed to ensure that female workers do not experience difficulties in continuing their work due to pregnancy or childbirth.

In addition, various programs such as re-employment have been put in place to prevent career interruptions in advance due to marriage, pregnancy, childbirth, etc. and to provide an environment in which women whose career has been interrupted can return to work.

Work and Family Life

The discussion of work-family balance goes beyond gender division and is required as a universal right and duty for both women and men, and accordingly, related laws are expanding various systems and support policies necessary for work-family balance.

This content provides legal information that is helpful for the balance between work and family life to make it easier for workers to understand more easily.

Wage

"Wage" refers to any money or valuables paid by an employer to a worker who has provided work in return for work in the form of wages, salaries, or other names. In principle, the full amount of wages must be paid directly to workers in currency at least once a month on a fixed date, and the amount equivalent to 1/2 of the payroll receivable is prohibited from seizure and can be guaranteed wages. If the business is closed due to reasons attributable to the employer, a business suspension allowance can be paid, and if the employer decides on the rehabilitation procedure or there is a reason such as bankruptcy, the worker can receive wages from the government instead of the employer through the substitute payment system for guaranteeing wage claims.