Overview

  • Procedure on Selection and Introduction of Foreign Worker (E-9)
  • Decision on major policies including quota and sending countries
  • Deliberation and decision by the Foreign Workforce Policy Committee(established by the Prime Minister's Office)
  •  - Major issues related to foreign workforce such as type of business, quota and sending countries ect.
  • Signing of MOU on the sending workforce (ROK government ↔ Sending country government)
  • Signing MOU to prevent corruption scandal in the sending process
  • Decide on the renewal of MOU through regular assessment on MOU execution
  • Making job seekers' roster(Sending country government↔ ROK government)
  • Sending countries(government institution) select competent job seekers(multiple number of quota) based on objective standard of qualification such as EPS-TOPIK score, result of skill test and working experience
  • HRD Korea approves job seekers' roster which sending countries transfer
  • Selection of foreign workers & issuance of Employment Permit(Employers ↔ MOEL)
  • To protect the employment opportunity of Koreans, employers can apply for Employment Permit at Job Centers in case of having failed to employ Koreans in spite of the efforts to hire them (for 3 to 7 days)
  • Job Centers recommend foreign workers who are qualified the recruitment conditions(three times).
  • The Employment Permits are issued when employers choose competent foreign workers among the recommended
  • Singing of labor contract(Employer ↔ Foreign worker)
  • Employers sign the Standard Labor Contract with selected foreign workers(Labor contract must clarify working conditions such as wage, working hours, holidays and workplace)
  • Issuance of Certificate for Confirmation of Visa Issuance(Employer↔ MOJ)
  • Employers apply for Certificate for Confirmation of Visa Issuance(CCVI) and MOJ issues CCVI
  • Entry of foreign workers(Employer ↔ Sending country)
  • Employers send CCVIs to sending countries, foreign workers enter will apply for a work visa (E-9) at the Korean Embassy and foreign workers enter Korea after the issuance of their visa.
  • Foreign workers must complete Employment Training (minimum of 20 hours) after entry
  • Employment management of foreign workers(MOEL) & Sojourn management of foreign workers(MOJ)
  • Conduct labor inspection on workplace which employs foreign workers(MOEL)
  • Provide post management services such as consultation and free education(MOEL, HRD Korea and NGOs)
  • Permits change of workplace due to suspension or closing of business, delaying wage and other justifiable reasons.
  • Execute strict sojourn management through strengthening the immigration control administration and establishing a link system between MOJ and MOEL
  • Legal Rights
  • National Labor Relations Act application
  • National Labor Relations Acts such as Labor Standards Act, Minimum Wages Act, Industrial Safety and Health Act are applied to foreign workers and native Koreans equally
  • Remedy of Rights is possible through Working Condition improvement department and Labor Relations Commission in case of illegal act/mistreatment by employers such as labor contract violation, unfair dismissal.
  • However, National Relations Act is not applied to those who employed in household or care-giver for the sick (equally applies to natives and foreign workers)
  • In addition, Labor Standards Act on working hours/day-off/recess hour are not applied to the foreign workers who work in agriculture and stockbreeding industry and fishery(equally applies to natives and foreign workers)
    • Labor Standards Act
    •   -
      The standard working hours are 40(44) hours a week(eight hours a day). Working hours can be extended upon agreement between parties.
    •   -
      Workers' wages will be paid regularly over once a month in cash or through the bank account on the date specified in the labor contract
    •   -
      Foreign workers are entitled to receive overtime pay for extra work or night shift (22:00-06:00) or working on holidays. (Does not apply to companies with 4 or less employees)
    •   -
      Foreign workers are entitled to receive retirement payment when workers have worked for over 1 year continuously (Does not apply to companies with 4 or less employees)
    • Minimum Wages Act
    • Foreign worker can be paid over minimum wage decided by law
    • Industrial Accident Compensation Insurance Act
    • In case of injury or disease on duty, medical care/treatment benefit, compensation for business suspension, compensation for disability, bereaved family's benefit can be received.
  • Social insurance application
  • Industrial Accident Compensation Insurance, National Health Insurance, National Pension (reciprocity policy applies) are applied
  • Discriminative treatment prohibition
  • Discrimination against foreign workers is banned as per Article 22 of the Act (Prohibition of Discrimination)
  • Just and reasonable assessment as to the productivity and capacity of foreign workers is allowed.
  • Regulations on employment period
  • Foreign workers can be employed in Korea for maximum 3 years but accompanying family is restricted. After sojourn period expires, foreign workers should depart from Korea and the worker cannot employed in Korea again unless after 6 months from the day of departure (employment restriction period) in pursuant to EPS Act (the Article 18 of Act on the Employment, etc. of Foreign Workers)
  • However, sojourn period of contract expired workers can be extended only 1 time within 2 years according to the labor contract renewal if employers request for reemployment before workers departure. (the Article 18 ② of Act on the Employment, etc. of Foreign Workers)
  • EPS-Test of Proficiency in Korean
  • Eligibility to apply for EPS-TOPIK
  • Person aged between 18 and 39
  • Person with no criminal record in relation to serious offence punishable by imprisonment
  • Person with no past records of deportation or departure under a departure order from the Republic of Korea
  • Person who is not subject to travel ban in his/her home country
  • Person who fulfills the eligibility requirements decided by both country
  • Implementation of EPS-TOPIK
  • Implemented at each country considering the number of valid rosters and anticipated roster-exhausting time
  • Specific schedule and details are announced in advance
  • EPS-TOPIK questions
  • listening(25 questions) and reading comprehensions(25 questions) (Total test time is 70 minutes)
  • EPS-TOPIK Question book : Download Link(http://eps.hrdkorea.or.kr)
  • Announcement of test passers
  • How to announce   - Announced through web page on designated day after EPS-TOPIK implemented
       ※ Home page address : http://eps.hrdkorea.or.kr, http://epstopik.hrdkorea.or.kr
      - Posted at Sending Agency in sending country
  • Pass Criteria : Among the candidates who scored over 80 points (full marks 200), designated number of candidates will pass in order of highest score
  • Valid term of EPS-TOPIK : 2 years from announcement date of Test result
  • Others
  • Even the candidates pass the EPS-TOPIK, they only obtain qualification to be registered in EPS Pool through Job application, it does not guarantee employment in Korea
  • ※ Reference (summary of employment procedure)
      1).EPS-TOPIK pass
      2).Job application
      3).Roster making and registration
      4).Introducing foreign workers (Random)
      5).Employment
  • Guide on EPS 4 Major Insurances
  • Application and claim procedure for four major insurances under EPS
  • What is the 4 major insurances of the Employment Permit System? the four insurance policies (Departure Guarantee Insurance, Guarantee Insurance, Return Cost Insurance, and Casualty Insurance) that foreign workers and their employers must subscribed based on "The Act on the Employment of Foreign Workers, etc."
  • Type and content of EPS 4 major insurance
  • Purchased by employer
    Category Departure Guarantee Insurance Guarantee Insurance
    Introduction As a relief burden on responsibility for retirement payment of small and minor enterprises business Guarantee for unpaid salary
    Person who subscribe to Insurance Employer(Employers hiring less than 4 regular employees including new and transferred ones with a labor contract that takes effect after the 1st of August 2011,are required to subscribe to the insurance.) Employer
    Person insured mployee (employers will get the benefit if the employee has not reached a minimum of 1 year service or if he has abandoned his work) Employee
    Insurance fee According to EPS 8.3% of employee’s salary per month Per employee 16,000won per year
    Application period Effectively start after 15 days from the conclusion of the contract Effectively start after 15 days from the conclusion of the contract
    Case of insurance claim Saving as a retirement pay(when employee departure or change of working place without desertion worked Total unpaid salary
    - maximum of 2M won
    Claim procedures 1) foreign workers who has worked for more than one year without desertion or work abandonment (change of working place or departure)
    - claim application
    - copy of bank pass book(must reflect the employees' name)
    - copy of passport or foreigners registration card

    2) employers will get the benefit if the employee has not reached a minimum of 1 year service or if he has abandoned his work
    After verification from the department of labor inspector
    - application for insurance payment
    - confirmation of unpaid claims and other monetary claims
    - detail of unpaid itemized statement
    - copy of bank passbook
    Penalties of non admission or non registration Pursuant to Act on the Foreign Worker’s Employment Article 13 and enforcement ordinance article 21, impose a penalty less than 5M won Pursuant to Act on the Foreign Worker’s Employment Article 23 and Enforcement Ordinance Article 27, impose a penalty less than 5M won



    Purchased by foreign worker
    Category Return Cost
    Insurance
    Casualty
    Insurance
    Introduction Savings or insurance to cover going-home expenses such as air fare of foreign workers Against death or disability of a foreign worker aside from occupational accidents
    Person who subscribe on the Insurance Employee Employee
    Person insured Employee Employee
    Insurance fee 4000,000 ~ 600,000 won lump sum payment Lump sum payment(amount depends on gender, age and period of stay)
    Application period Effectively start after 80 days from the conclusion of the contract Effectively start after 15 days from the conclusion of the contract (* verify if its 15 days or 80 days)
    Case of Insurance claim Total amount will be paid upon departure of foreign workers for home country(except temporary return) Death or disability are not grounds for occupational case
    - injury : max 30M won
    - sickness : max 15M won
    Claim procedures After issuing the confirmation departure schedule from Job Center
    - claim application
    - copy of bank passbook
    - copy of passport or foreigners registration card
    - application for collection insurance
    - accident case : medical disorder certificate
    - death case : medical death certificate
    - family verification(death case)
    - proof of family certification(notarize by embassy )
    - letter of attorney(death case)
    - copy of passport or foreigners registration card
    - copy of bank passbook
    Sanction of non admission Pursuant to Act on the foreign worker's employment article 15 and enforcement ordinance article 22, impose a fine for default less than 1M won Pursuant to Act on the foreign worker's employment article 23 and enforcement ordinance article 28, impose a penalty less than 5M won
HOMEPC ver.

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