- Employment Procedures (special foreigner) Labor Law
1Entry with H-2 visa/Working visit
A Korean national residing in a foreign country may visit the home country by obtaining an H-2 visa/Working visit at the ROK Embassy in that country. A Korean national (aged 25 or above) with foreign nationality visiting a relative in Korea on an F1~F4 visa (Visiting or joining family/Resident/Accompanying spouse/Overseas Korean) may change his/her visa status to the H-2 visa at the Immigration Control Office.
※ Those falling under the category of “special cases of employment” (The Act on the Employment, etc. of Foreign Workers, the Enforcement Decree, Article 10) are persons eligible for an H-2 visa.
When migrant workers of special cases intend to work in a sector permitted to them, such as the service sector, they should undergo the pertinent employment education provided at the relevant institution (i.e. the HRD) prior to submittal of the application.
They may attend such employment education session prior to alien registration at the Ministry of Justice.
- Alien registration at the Ministry of Justice should be done within 90 days of arrival in Korea.
- Those whose previous F1~F4 visa (Visiting or joining family/Resident/Accompanying spouse/Overseas Korean) was changed to an H-2 visa may apply for a job after attending the relevant employment education.
Employment education for Koreans with foreign citizenship
- Those eligible : H-2 holders who wish to find a job in a sector in which the Foreign Workforce Policy Committee allows migrant workers to work.
- Contents : 16 hours (3 days) – Korean language; understanding of Korean culture; labor-related laws such as the Employment Permit System or The Labor Standards Act; essential information, knowledge of which is required to adapt to life in Korea; subscription to the relevant insurance premium
- Expenses to be paid by worker : Camp training 148,000 won Non-Camp training 102,000won
- How to submit application : Submit the application by mail or fax or in person to a branch of the HRD
- Education institution : The HRD (Phone: +82-1577-0071)
Migrant workers of special cases who intend to work in a sector permitted to them, such as the service sector, should apply for a job through the Employment Support Center. They may also apply for a job through a migrant worker employment education institution at the time of employment education. Such an application is valid for one year.
Migrant workers of special cases may find a workplace either through the Employment Support Center or for themselves.
4Signing a standard employment contract
The use of a standard employment contract form helps prevent disputes between employee and employer, protect migrant workers’ rights, and ensure they comply with labor-related laws. Upon reaching things like an agreement contract period, location of workplace, work contents, work hours, recess hours, holidays, wage, etc., the two sides sign a standard employment contract (form: Schedule 6).
※ An employer who wishes to sign a standard employment contract with a migrant worker of a special case should obtain a letter of confirmation of recruitment of such a worker.
5Report on commencement of employment
Upon signing a standard employment contract with a migrant worker of a special case, the employer should report it to the Employment Support Center within 10 days. The migrant worker should report it to the Immigration Control Office within 14 days.
Foreign nationals residing in Korea are protected under the same labor laws as Korean workers. For more information on labor laws and regulations visit the below website.