Simple & Easy Law Info

Simple & Easy Law Info

Employment of Foreign Workers

Employment of Foreign Workers ┃3. Restriction on and Permission for Change of Place of Business www.easylaw.go.kr



Q. Can a foreign worker with a non-professional employment (E-9) visa change the place of business he/she works for during the employment period?



A foreign worker should continue to work for the initial place of business and not leave that business to work somewhere else without a reasonable cause. Article 18(2) of the Immigration Act



Q. What are justifiable causes for changing the place of business? Causes for Changing the Place of Business 1 Where an employer tries to terminate the employment contract during the contract period because of a reasonable cause or refuses to renew the contract after the expiration thereof 2 Where it is acknowledged that a foreign worker is unable to continue working at the place of business because of the temporary or permanent closing of the business or any other causes not attributable to the worker 3 Where it is acknowledged that a foreign worker is unable to continue working due to the employer’s violation of employment conditions or unfair treatment, etc. 4 Where it is acknowledged that a foreign worker is not suitable to continue working in the initial place of place due to injury but is eligible to work in another business or place of business Article 25(1) of the Act on the Employment of Foreign Workers Article 30 (1) of the Enforcement Decree of the Act on the Employment of Foreign Workers



Q. Is there a limit to the number of times a foreign worker can change the place of business? The number of changes shall not exceed three times during the employment period for the initial three years, and two times during the extended employment period following the re-employment procedure. ※ However, in cases where a foreign worker cannot continue working because of the temporary or permanent closing of the business or other causes not attributable to the worker, these will not be counted. Article 25(4) of the Act on the Employment of Foreign Workers



For detailed legal information, please refer to “Employment of Foreign Workers” on easylaw.go.kr.



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