Employment of Foreign Workers

Employment of Foreign Workers
In order for foreigners to be employed in the Republic of Korea. they must acquire status of stay eligible for employment. The scope of employment for a foreign worker to engage in is determined according to the status of stay he/she acquires.

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.

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