Overview of the revised EPS National Labor Consultation Center

2 Presentation Order Purpose of amendments Progress of amendments Main points of Amendments PR of the revised Contents Detail explanation by issue including examples

3 Purpose of amendments to guarantee the stable employment of foreign workers to strengthen the provisions to protect the rights and interests of foreign workers to maintain the legal language for better understanding of the public.

4 Progress of amendments DEC Introduction of Revised Bill to National Assembly SEP Resolution of the Assembly Plenary Session OTC Promulgation of Revised Act DEC In cases of Reemployment (Aricle 18-2) & Change of Workplace (Article 25), Enforcement 2 months after Promulgation APR Enforcement of Other Revised Articles, 6 months after promulgation

5 Main points of Amendments 1. Reemployment (Effective from Dec, 10, 2009) The provision that prohibits reemployed foreign workers from departing Korea for one month shall be deleted, while foreign workers may be reemployed within the period not exceeding two years at the request of employers (Article 18-2) 2. Change of workplace (Effective from Dec, 10, 2009) Restrictions on the opportunity to obtain a new job shall be lifted by excluding the situations which are not the fault of the foreign workers from the total number of instances where foreign workers can get a job and by extending the job- seeking period to three months for foreign workers who are in between jobs (Paragraph 1,3&4 of Aricle 25)

6 Main points of Amendments 3. Length of labor contract (Effective from Apr, 10, 2010) The length of labor contracts, which could not exceed the one year period, shall be determined autonomously within the period of stay of foreign workers (Paragraph 3 & 4 of Article 9) 4. Creteria to select foreign workers(Effective from Apr, 10, 2010) The provision provides the legal ground to test other qualification of job seekers such as job skills (Article 9) 5. Cancellation of special cases employment permit of overseas korean with H-2VISA & Restriction on employment of foreign workers (Effective from Apr, 10, 2010)

7 Main points of Amendments In case the employer obtained the employment permit or special cases employment permit in false or other fraudulent ways or violated the terms of the labor contract including wage and other labor conditions, this provision provides the legal ground to cancel employment permit. (Article 19) 6. Fine for negligence(Article 32, Effective from Apr, 10, 2010, ) Newly inserting fine of negligence provision for an employer who employs a foreign worker was issued a visa pursuant without receiving special cases employment permit confirmation or an employer who is restricted to employ foreign workers but employs a overseas Korean workers (Article 32)

8 PR of the revised Contents send offical documents to the workplace hold the demonstration for an employers put up the revised contents on Homepages of EPS, etc. Others

9 ISSUE 1. Reemployment Time and Limit to apply As of Dec , as a foreign worker who works legally, when an employer applys for reemployment to the Job center as from Dec for the worker whose expiration of three year employment comes as from Dec (Notice : This applys to the case that an employer applys for reemployment as from Dec for the worker whose 3 year employment expiration date comes as from Jan ) Time to apply for reemployment According to the Enforcement Regulations of the Act, an employer shall apply for reemployment from 90 days(not 3 months) to prior 30 days (not one month) before the expiration date of three year employment period (Notice : An employer shall submit reemployment prior 30 days before three year employment expiration date. Namely, until 31 days of the sojourn expiration date.)

10 Q&A reemployment application time 1. When will the revised reemployment be applied? Ex) A foreign worker’s expiration date of three year employment period : )Time to apply for reemployment :2009,12.09 Old(up to 6 yrs) 2)Time to apply for reemployment : New(up to less than 5yrs) Dec,9,09 Dec,10,09 Jan,15,10 case1 case 2 (completion date)

11 Q&A Abolition of Departure Requirement for Reemployment Doesn’t a worker who gets reemployment permit have to leave Korea for one month? 1 ) Under the old Act, when a foreign worker whose employment period is due to expire intends to be reemployed, he/she shall leave Korea for one month and may reenter Korea and work. 2) Under the new Act, when an employer applys for reemployment as from Dec 10, 2009 and gets reemployment permit, the foreign worker concerned can work continuously within extended employment period without requring one-month stay outside Korea before reentry

12 Q&A Reemployment Number and Extended Period Can a foreign worker be reemployed several times without restriction of the number of times? And in case of reemployment, how long is the extended reemployment period? A foreign worker is allowed to extend employment period within less than two years for one time only. Up to Less than Total 5 years (First 3 years + in case of reemployment, within less than 2 years) * After reemployment, the number of workplace change is allowed up to 2 times(in case of that there is a legal reason to change).

13 Issue 2. Change of workplace Excluding the situations which are not the fault of the foreign workers from the total number of instances to change workplace or business. Extending the job-seeking period for workplace change from 2 months to three months Specifying reasons to change workplace and to extend job seeking period for foreign workers who are in between jobs(industrial injuries, diseases, pregnancy, childbirth)

14 Q&A Job Seeking Period for Workplace Change Under the old Act, a foreign worker shall find a job within 2 month as from the date of applying for a change of workplace. While, under the new Act, in case of a foreign worker who applys for a change of workplace as from Dec,10,2009, he/she has to complete change workplace within 3 month from date of applying for a change of workplace.

15 Q&A Example of job seeking period Ex) In case a foreign worker who terminates his/her labor contract on Dec,1,2009, if the worker who wants to change a workplace applys for workplace change as from Dec,10,2009, he/she shall apply for change workplace within 1 month from the termination date of working period(up to Dec 31,2009), and complete workplace change within 3 month from the date of applying for a change of workplace(In case of applying for change on Dec 10, 2009, up to March 9, 2010)

16 Q&A The number of times to change workplace How many times can a foreign worker change his/her workplace? During employment period(up to 3 years) after the first entry, in principle, up to three times of change workplace is allowed. In case of reemployment, during extended employment period, up to 2 times(When there is a legal reason to change workplace)

17 Q&A Example of number of times to change workplace Ex) In case of a worker who entered Korea on Otc 1.07 and changed workplace two times on Otc and Otc 1.09 owing to the reasions attributable to the worker, If he want to change workplace on Dec 11, 2009 because of the reason not attributable to the worker, such as closure, etc, the number of workplace change? This case falls under the case prescribed in the 2(1) of Article 25. So this case is not included in the total number of change workplace. Therefore, the foreign worker concerned may change workplace in the case where there is the reason to change workplace. Otc,1.08 Otc,1,09 Dec,11,09 reason1 reason1 reason2 number of change 1 2 not counted

18 Q&A Justifiable Reasons for Change of Workplace [ Subparagraph 1~5of Paragraph 1 of Aricle 25 ] 1. The employer terminates during employment period for justifiable reasons or refuses to renew the labor contract after completion of labor contract. 2. The foreign worker cannot continue to work in his/her workplace due to reasons not attributable to him/her, such as closure or temporary shutdown of business. 3. In case the employment permit is canceled by obtaining the employment permit or special employment permit in false or other fraudulent ways pursuant to Article 19(1) or any restriction is imposed on the employment of foreign workers by employing a foreign worker without employment permit or special cases employment permit pursuant to Article 20(1)

19 Q&A Justifiable Reasons for Change of Workplace 4. In case working conditions are completely different from the terms of the labor contract or employment relations are deemed impossible to be maintained by social norms due to employer's unfair treatment including violation of working conditions; 5. The foreign worker who cannot continue to work in his/her current workplace due to injuries, etc., but can continue to work in a difficult workplace.

20 Q&A Justifiable Reasons for Change of Workplace In principle, a foreign worker shall work for the workplace which employs him/her after entry. However, in case where there is reasons prescribed in the law, he/she can change the workplace. One new reason is added to the existing 4 reasons. According to the revised act, other than existing reasons to change a workplace, a new reason that the foreign worker cannot continue to work in his/her workplace due to reasons not attributable to him/her, such as closure or temporary shutdown of business,etc is inserted

21 Issue 3. Conclusion of Labor Contract The length of labor contracts, which could not exceed the one year period, shall be determined autonomously within the period of stay of foreign workers According to the revised Act, Within 3 year employment period, under agreement of two parties, an employer and the worker can determine working period (make a labor contract or renew a labor contract) This provision shall apply to the case that labor contract is concluded or renewed on Apr, 10, 2010 or onwards

22 Q&A Length of Labor Contract Ex1) In case of making a labor contract with a worker whose remaining employment period is 2 years and 6 months, the two parties may agree to decide a labor working period within 2 and half years Ex2)In case of an employer who wants to renew a labor contract with a foreign worker who entered on May and complets labor contract (from May ~ Apr ) the two parties may conclude a labor contract within 2 years from May

23 Q&A Length of Labor Contract under reemployment How about a worker with extended employment period owing to reemployment? Can the worker and the employer determine working period more than one year? Possible In case of reemployment, an employer can determine working period within extended working employment period(less than 2 years) under agreement of the worker

24 Issue 4. Cancellation of special cases employment permit & Restriction on employment of foreign workers Other than cancellation of employment permit of general foreign worker(E-9), come up with the legal ground to cancel special cases employment permit for overseas Koreans (H-2 Visa) In case that the employer obtained special employment permit in false or other fraudulent ways or violated the terms of the labor contract including wage and other labor conditions, it is possible to cancel employment permit

25 Issue4. Cancellation of special employment permit & Restriction on employment of foreign workers A new reason to restrict employment is inserted Namely, apart from existing reasons, in case of an employer who employs a worker without special cases employment permit or whose special cases employment permit is canceled according to Article 19(1), Job Center can restrict employment of foreign worker.

26 Thank you For workers 1350 or For managerment

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