When an E-9 worker wants to change companies

If you are thinking about a workplace change, check the following before you quit.

• When your employment contract ends, and whether your employer has said they will not renew it
• Whether you have evidence of the company's fault, such as unpaid wages, assault or problems with your housing
• How many times and for what reasons you have changed workplaces so far
• How much of your employment period is left (3 years after entry, plus any extended period through re-employment)

You can apply for a workplace change when the employer ends the contract or refuses to renew it for a legitimate reason, when the company suspends operations or closes, when the employment permit is cancelled or hiring is restricted, or when the Minister of Employment and Labor has announced that it is hard to keep working for reasons that are not the worker's fault, such as violations of working conditions or unfair treatment (Act on the Employment of Foreign Workers Article 25(1)).

Whether your situation falls under the public notice must be shown with evidence. Collect materials such as bank records showing unpaid wages, medical certificates for injuries, photos of your housing and recordings of verbal abuse, and if needed, it helps to first file a petition with the Labor Office or a police report.

You must apply for a change within 1 month of the date your employment contract ended, and obtain permission to change workplace to a new company within 3 months of the date you applied. If these deadlines pass, you must leave Korea. If you could not apply because of a work-related injury, illness, pregnancy or childbirth, the period is counted from the day that reason ends.

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. Changes for reasons that are not your fault are not counted, so checking the reasons for past changes may change the number of changes you have left.

Mistakes during the change process can lead to losing your stay.

• Starting work at a new company before obtaining permission to change workplace. This violates the Immigration Act and can lead to punishment and deportation.
• Stopping going to work without saying anything. You may be reported for workplace desertion.
• Paying a broker to introduce you to a company.

At a workplace with 5 or more regular employees, you can challenge a dismissal without a justifiable reason as invalid. Apply to the Regional Labor Relations Commission for remedy within 3 months of the date of dismissal, and if you disagree with the decision, apply to the National Labor Relations Commission for a review within 10 days of receiving the written decision (Labor Standards Act Articles 28 and 31). If you were dismissed without 30 days' notice, you can claim at least 30 days' ordinary wages (Article 26).

Even if you apply for remedy, the deadline for a workplace change application (1 month from the end of the contract) runs separately. You must prepare both procedures at the same time to avoid losing your stay.

Jisan Law organizes the reasons for the change and the evidence to determine whether you can apply without your employer's consent, and if there are unpaid wages or assault, we also file a petition with the Labor Office and a criminal complaint. If you were dismissed, we prepare the application for remedy to the Labor Relations Commission and the workplace change application together within the deadlines. Consultations are available in English.