📌What is the Foreign Worker Employment Permit System?
A system in which the Ministry of Employment and Labor permits Korean companies that are unable to hire workers to legally hire foreign workers. (Enforced since August 2004) Despite a certain period of effort to hire domestic workers, the company must have failed to hire all or some of the domestic workers, and from the period of domestic recruitment efforts to the date of issuance of the employment permit, the domestic workers must not have been transferred through employment adjustments, and there must be no wage arrears.
✔Allowed Businesses
Less than 300 regular workers or capital of 8 billion won or less (if the criteria are not met, submission of a ‘Small and Medium Business Certificate’ issued by the local Small and Medium Business Administration is required for approval)
▶Foreign worker employment procedures
① Domestic recruitment efforts : Employers wishing to hire foreign workers must apply for domestic employment at the relevant employment center or Worknet (www.work.go.kr) .
[Period of efforts to recruit domestic workers]
- Manufacturing, construction, and service industries: 14 days in principle, 7 days as an exception
- Agriculture, livestock and fisheries: 7 days in principle, 3 days as an exception
- Exceptions: Worknet +, newspapers, publications, broadcasts, etc.
② Application for a permit to hire foreigners : If you are unable to hire the desired workforce despite your efforts to recruit domestic workers, you can apply for a permit to hire foreigners at the employment support center in your jurisdiction.
- Deadline: Within 3 months after the end of the period of efforts to recruit domestic workers
- Required documents: Application for issuance of foreign worker employment permit, documents proving issuance requirements (copy of business registration certificate, etc.)
- Internet immigration agency and job training application: www.eps.go.kr
③ Issuance of employment permit : The employment support center will place three times the number of foreign workers as job seekers, and the employer will visit the employment support center in person or select qualified workers from the places placed through the employment permit system website ( www.eps.go.kr ) to obtain an employment permit.
④ Conclusion of employment contract : At the same time as the issuance of the employment permit, a standard employment contract is created and sent to the Korea Human Resources Development Institute for Industry, which then sends the contract to the sending country. After the sending country confirms the worker’s physical strength for the employment contract, the standard employment contract is finalized and the employment contract is concluded.
⑤ Application and issuance of visa issuance certificate : After signing an employment contract, the employer or agency receives a visa issuance certificate from the Immigration Office of the Ministry of Justice.
Application documents for visa issuance approval: Application for visa issuance approval, copy of employment permit, copy of standard employment contract, copy of business registration certificate, and other business-related certification documents
⑥ Entry of foreign workers and employment training: Foreign workers enter the country with an E9 (non-professional employment) visa, and after verification by an official from the Korea Human Resources Development Institute for Industry, move to an employment training institution by country/industry to receive 16 hours of employment training.
General foreign worker employment training expenses: Employer borne
Foreign nationality compatriot training expenses: The worker is responsible for paying them. The employer must take over the training if the foreign worker completes the training and the health checkup results show no abnormalities.
The employment contract takes effect from the date of entry into the country.
⑦ Workplace placement, workplace employment, and residence support: Employers can receive conveniences such as consultation on various grievances occurring at the workplace and interpretation support through the Korea Human Resources Development Institute for Industry and each agency. Foreign workers can receive redress for their rights through the Ministry of Employment and Labor, the Labor Relations Commission, the court, etc. in the event of problems such as violations of the Labor Standards Act, just like domestic workers.
▶Foreign nationality compatriot employment procedures - Special employment
① Domestic recruitment efforts : Employers wishing to hire foreign workers must apply for domestic employment at the relevant employment center or Worknet (www.work.go.kr) .
[Period of efforts to recruit domestic workers]
- Manufacturing, construction, and service industries: 14 days in principle, 7 days as an exception
- Agriculture, livestock and fisheries: 7 days in principle, 3 days as an exception
- Exceptions: Worknet +, newspapers, publications, broadcasts, etc.
② Application for and issuance of a special employment eligibility certificate : After making efforts to recruit domestic workers, the employer must obtain a ‘special employment eligibility certificate’ from the employment support center of the Ministry of Employment and Labor in charge, and employment of foreign nationals who have registered as job seekers with the Ministry of Employment and Labor is possible within the scope of the number of employees permitted for each workplace.
③ Conclusion of employment contract : Foreign nationals who wish to find employment in Korea can complete 16 hours of employment training at the Korea Human Resources Development Institute for Industry and register as job seekers at the Employment Support Center of the Ministry of Employment and Labor, and then find employment on their own or through the employment support center’s referral.
Employers may only legally hire foreign nationals who have completed job search registration, and must hire them only after signing a standard employment contract.
④ Report of commencement of employment : Employers who hire foreign nationals must report the commencement of employment to the Employment Support Center of the Ministry of Employment and Labor within 14 days of commencement of employment.
>Since the implementation of the ‘Construction Industry Overseas Worker Employment Registration System’ in May 2009, employers in the construction industry must hire workers who possess a ‘Construction Industry Employment Recognition Certificate.’
Employers who wish to hire foreign workers should refer to the above procedures and contact the Employment Support Center of the Ministry of Employment and Labor in your jurisdiction for further details.
(Ministry of Employment and Labor - 1350)