Will change the faulty system that prevents workplace changes and re-employment due to the company's fault!

E-9 foreign workers working in Korea often do not receive permission when changing workplaces or receiving re-employment permission, even if it is not their fault. It seems that this flawed system will be improved in the future.

On January 19, the Anti-Corruption and Civil Rights Commission recommended that the Ministry of Employment and Labor improve three flawed systems to protect the rights and interests of foreign workers and utilize human resources.

◆ Relax regulations on workplace changes

Foreign workers who entered the country under the Employment Permit System must obtain permission when they want to change their workplace. However, there are cases where you cannot apply within the deadline due to the company's fault or unavoidable reasons. Additionally, if the company fails to obtain permission to change the workplace within the deadline from the Ministry of Employment and Labor and the Ministry of Justice due to the company's fault, the workplace change is not permitted. If this happens, foreign workers will have no choice but to return to their home countries. Even though it is not the foreign worker's fault, the regulations are strictly applied and they are at a huge disadvantage.

Accordingly, the Anti-Corruption and Civil Rights Commission recommended that standards be established so that the reasons for extending the application period for change of workplace or change of workplace can be broadly applied to cases where there are social norms in addition to occupational accidents and diseases.

◆Reduces the resentment of foreign workers

Let’s take a closer look at cases where some bosses intentionally or accidentally cause great harm to foreign workers.

If the boss unilaterally terminates the employment contract without consulting with the foreign worker and reports it to the employment and labor office as ‘resignation by mutual agreement,’ foreign workers who are unaware of this fact may not be able to apply for a change of workplace. Also, even in the case of changing to a new workplace, if the boss does not take action to approve the change of workplace, the damage will fall on the foreign worker.

In these cases, foreign workers may be fined or even ordered to leave the country. It is extremely unfair for foreign workers to be treated like this even though they have done nothing wrong.

Accordingly, the Anti-Corruption and Civil Rights Commission required foreign workers to be accurately informed of the date of resignation and reasons for resignation based on the boss's employment change report.

◆ Relax re-employment permit regulations

Currently, foreign workers can work for an additional year and 10 months by applying for a re-employment permit if their employment contract lasts for more than one month until the employment period (3 years) expires.

However, there are cases where you change companies due to reasons such as business closure, but cannot be re-employed because the one-month employment contract maintenance period is not met. Foreign workers must leave the country without receiving permission to re-employ, without any fault.

Accordingly, the Anti-Corruption and Civil Rights Commission mandated that if a change of workplace is confirmed for reasons not attributable to the foreign worker, the opportunity for re-employment is granted even if the maintenance period of the employment contract is not met. In addition, it has been decided that the re-employment permit period in the construction industry will be granted as a period of employment activity, not as a construction contract period.

◆Improve the special re-entry system

After first entering the country and working for 4 years and 10 months, a foreign worker can work for another 4 years and 10 months if the boss applies for ‘re-entry special treatment’.

However, if the boss violates the workplace's obligation to maintain employment of Koreans, the foreign worker will be disadvantaged in that he or she will not be able to receive a special re-entry employment permit.

The Anti-Corruption and Civil Rights Commission established relief measures, such as changing the workplace, when a foreign worker cannot receive a special re-entry employment permit due to the company's fault, and instructed employers to apply for a special re-entry employment permit before the expiration of the employment activity period.

The Anti-Corruption and Civil Rights Commission recommended that this ‘Employment Permit System Improvement Plan’ be promoted by December next year. Therefore, it will not be implemented in Korea immediately. Still, we must all patiently watch the Korean government's efforts to correct each and every mistake.

Mary Eve of Papaya story