When you should get advice
- My wages keep coming late and I want to change companies, but my boss will not allow it
- The dormitory conditions are so bad that I cannot stay there any longer
- A manager verbally abused and assaulted me
- I was suddenly told not to come to work from tomorrow
- I applied to change workplaces and am worried I will not find a new company within 3 months
- I have already changed workplaces three times and do not know whether I can change again
Relevant laws
Act on the Employment of Foreign Workers Article 25 (Permission to Change Business or Workplace)
A worker can apply to change workplaces when, for example, the employer terminates the contract or refuses to renew it for a legitimate reason; the business suspends operations or closes; the employment permit is cancelled; hiring is restricted; dormitory standards are violated; or the Minister of Employment and Labor has announced that the worker cannot continue working for reasons that are not their fault, such as violations of working conditions or unfair treatment. If the worker does not obtain permission to change workplace within 3 months of applying, or does not apply within 1 month of the contract ending, they must leave Korea. In principle, changes cannot exceed 3 times in 3 years, or 2 times during the extended period, and changes for reasons that are not the worker's fault are not counted.
Act on the Employment of Foreign Workers Articles 18 and 18-2 (Period of Employment and Re-employment)
Foreign workers can work for up to 3 years from the date of entry, and if the employer requests permission for re-employment, the period can be extended once by less than 2 years.
Labor Standards Act Articles 23, 26 and 28 (Restrictions on Dismissal; Notice of Dismissal; Application for Remedy)
Workers cannot be dismissed without a justifiable reason (at workplaces with 5 or more regular employees), and to dismiss a worker, the employer must give 30 days' notice or pay at least 30 days' ordinary wages. A worker who is unfairly dismissed can apply to the Labor Relations Commission for remedy within 3 months of the date of dismissal.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
A workplace change requires a reason
Workers under the Employment Permit System cannot freely change companies whenever they want. They can apply to the Job Center (고용센터) for a workplace change only if there is a reason set by law. Typical reasons are the employer ending or not renewing the contract, the company suspending operations or closing, and reasons that are not the worker's fault, such as violations of working conditions or unfair treatment.
Reasons that are not the worker's fault are specified in a public notice by the Minister of Employment and Labor. You need to check whether circumstances such as unpaid wages, assault, sexual harassment or dormitory problems fall under the notice, and if they do, they give you grounds to apply for a change even without the employer's consent. Collect pay records, photos, medical certificates and messages that show the facts.
If you miss the deadline, you may have to leave Korea
You must apply for a workplace change within 1 month of the date your employment contract with the employer ended. After applying, you must obtain permission to change workplace to a new workplace within 3 months. If these periods pass, you must leave Korea.
If you could not apply or obtain permission because of a work-related injury, illness, pregnancy or childbirth, the period starts again from the day that reason ends. If you are under treatment, be sure to keep a medical certificate and records of the treatment period.
Counting the number of changes
In principle, you can change workplaces up to 3 times during the first 3 years and up to 2 times during a period extended by re-employment. However, changes for reasons that are not your fault are not counted. If you have already changed several times, checking the reasons for past changes may change the number of changes you have left.
If you were suddenly dismissed
At a workplace with 5 or more regular employees, foreign workers also cannot be dismissed without a justifiable reason. The reason and timing of a dismissal must be given in writing, and if there was no 30 days' notice, you can receive 30 days' ordinary wages. If you believe the dismissal was unfair, apply to the Regional Labor Relations Commission for remedy within 3 months of the date of dismissal.
For workers under the Employment Permit System, dismissal is also tied to their stay. You must apply for a workplace change within 1 month of the date of dismissal, so the remedy application and the workplace change application need to be prepared together. Employers must report the dismissal of a foreign worker to the immigration office (Immigration Act Article 19), so also check that you have not been reported for workplace desertion (사업장 이탈).
After the Labor Relations Commission decision
If you disagree with the Regional Labor Relations Commission's decision, you can apply to the National Labor Relations Commission for a review within 10 days of receiving the written decision, and if you disagree with the review decision, you can file an administrative lawsuit within 15 days of receiving it (Labor Standards Act Article 31). The deadlines are short, so decide the next step as soon as you receive a decision.
Your period of stay keeps running separately while the remedy procedure is in progress. You need to manage the workplace change application deadline and your expiry date together to avoid having to leave Korea even after obtaining a remedy.
How the Jisan Law Foreigner Center helps
- 1
Checking the reasons and deadlines
We check the date your contract ended, the time left on your stay, and the number of and reasons for your workplace changes so far.
- 2
Organizing evidence
We gather materials showing unpaid wages or unfair treatment so that the reason for the change can be proven.
- 3
Change application and petition
Along with the workplace change application at the Job Center, we decide whether a petition to the Labor Office or an application for remedy to the Labor Relations Commission is needed and proceed accordingly.
- 4
Connecting to immigration procedures
We also take care of permission to change workplace, extension of stay and responding to workplace desertion reports.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
If my boss will not agree to a workplace change, is there nothing I can do?
If it is hard to keep working for reasons that are not your fault, in some cases you can apply for a workplace change without the employer's consent. The key questions are whether the reason falls under the public notice and whether there is enough evidence.
Can I work somewhere else for a short time while I am between jobs?
Working somewhere else without permission to change workplace violates the Immigration Act and can lead to punishment and deportation. Do not work until you receive permission.
I heard I was reported for workplace desertion.
You need to organize the circumstances in which you actually stopped working and your contact records, and explain the facts to the Job Center and the immigration office. If the desertion report is untrue, it is important to correct it quickly.