skipnavigation

go contents

Living areas explanation

This information is drafted as of October 15, 2014.
save print bookmark sendEmail close
 Employment Procedures Concerning Working Visit (H-2) Visa Holders
Foreign workers holding Working Visit (H-2) visas may be employed in businesses the size and industry of which shall be determined by the foreign worker introduction plan as formulated by the Minister of Employment and Labor.

The procedure for hiring a foreign worker with Working Visit (H-2) status is as follows: (i) completion of foreigner employment training, (ii) application for job search, (iii) conclusion of an employment agreement, (iv) alien registration, and (v) commencement of work.
Employment scale and business lines: Working Visit (H-2) visa holders
The Ministry of Employment and Labor annually announces the foreign worker introduction plan reporting the number of foreign workers to be hired and the corresponding lines of business through its official gazette, daily newspaper, or the Internet (Article 5.(1) of the Act on Foreign Workers’ Employment, Etc. and Article 3 of the Enforcement Decree of the Act on Foreign Workers’ Employment, Etc.).
※ For details on the foreign worker introduction plan - notification of decisions by the Foreign Workforce Policy Committee, please refer to in the Foreign Workers’ Employment section on this webpage (http://oneclick.law.go.kr).
Employment Procedures Concerning Working Visit (H-2) Visa Holders
Completion of foreigner employment training
- Within fifteen days from the date of their entry into the Republic of Korea, foreign workers with Working Visit (H-2) visas shall undergo foreigner employment training conducted by the Human Resources Development Service of Korea or the Korea International Labor Foundation (Article 12.(2) of the Act on Foreign Workers’ Employment, Etc. and Article 10 of the Enforcement Rule of the Act on Foreign Workers’ Employment, Etc.).
Health checkup
- An employer must conduct a health checkup of foreign workers at institutions designated by the Minister of Employment and Labor or institutions performing health checkups according to the National Health Insurance Act (health checkup institutions) to protect and maintain their health. Accordingly, foreign workers are usually subject to a health checkup at the time of foreigner employment training (Article 43 of the Occupational Safety and Health Act).
※ A foreign worker who fails a health checkup shall undergo a second checkup for closer examination. Until findings of the second checkup are finalized, the corresponding foreign worker shall be isolated in consultation with an immigration office. If the foreign worker’s health conditions are found normal, he or she shall be normally assigned to a workplace. If it is confirmed that the foreign worker has inappropriate health conditions, he or she shall be deported.
Application for job search
- A foreign worker who completed employment training must submit a foreign worker’s job search application (Form 9 of the Enforcement Rule of the Act on Foreign Workers’ Employment, Etc.) to the head of the competent job center with all of the following documents attached to the application (Article 12.(2) of the Act on Foreign Workers’ Employment, Etc. and Article 12 of the Enforcement Rule of the Act on Foreign Workers’ Employment, Etc.):
1. A copy of the passport; and
2. A copy of visa corresponding to Working Visit (H-2) status.
- The list of foreign workers applying for job search shall be drafted and managed by the Human Resources Development Service of Korea (Article 12.(2) of the Act on Foreign Workers’ Employment, Etc. and Article 31.(2).1 of the Enforcement Decree of the Act on Foreign Workers’ Employment, Etc.).
Conclusion of an employment agreement
· Execution of a standard agreement, etc.
- A foreign worker selected by a Korean employer from among those registered on the list of foreign jobseekers shall conclude an employment agreement with the employer. In such case, a standard employment agreement form shall be used (Article 9.(1) of the Act on Foreign Workers’ Employment, Etc.).
※ The employer may cause the Human Resources Development Service of Korea to conclude an employment agreement on his or her behalf (Article 9.(2) of the Act on Foreign Workers’ Employment, Etc.).
- A foreign worker who concluded an employment agreement shall be provided with a copy of the agreement (Article 16 of the Enforcement Decree of the Act on Foreign Workers’ Employment, Etc.).
· Period of an employment agreement
- A foreign worker and an employer may conclude or renew an employment agreement for a period of up to three years as consented by both parties (Articles 9.(3), 12.(1) and 18.(1) of the Act on Foreign Workers’ Employment, Etc.).
- Notwithstanding the three-year limitation on the employment period (Article 18.(1) of the Act on Foreign Workers’ Employment, Etc.), any foreign worker whose employer requests the Minister of Employment and Labor to grant a reemployment permit before the worker departs from the Republic of Korea upon expiration of the three-year employment period may have the employment period extended only once for up to two years, and conclude an employment agreement within the scope of such extended period (Article 18-2 of the Act on Foreign Workers’ Employment, Etc.).
√ If the employer intends to obtain a re-employment permit, the employer shall submit to head of the employment security center having jurisdiction over the place of business the following documents at least 7 days prior to the expiry date of the foreign worker’s activities seeking employment with respect to a foreign worker with the remaining period of labor contract of not less than one month up to the aforesaid expiry date. In such a case the competent employment assistance center shall check the business registration certificate of the applicant by sharing administrative information and the applicant shall submit a copy of his/her business registration certificate if he/she does not consent thereto. (Article 14-2.1 of the Enforcement Ordinance of Act on the Employment, etc. of Foreign Workers)
i) Application for extension of the duration of employment-seeking activities by foreign workers whose employment has expired (Form shown in Article 12-3 of the Schedule attached to the Enforcement Ordinance of Act on the Employment, etc. of Foreign Workers;
ii) A copy of the alien registration certificate;
iii) A copy of the passport; and
iv) A copy of the standard employment agreement.
√ Upon receipt of an application for extension of an employment period, the head of the employment security center having competent jurisdiction over the corresponding business shall issue a written confirmation of extension of the employment period for a foreign worker whose employment period is to expire (Form 12-4 of the Enforcement Rule of the Act on Foreign Workers’ Employment, Etc.) within seven days from his or her receipt of the application to the extent that the application meets applicable requirements based on its review findings (Article 14-2.(2) of the Enforcement Rule of the Act on Foreign Workers’ Employment, Etc.).
Alien registration
- A foreign worker shall complete alien registration at the immigration office or its branch office having competent jurisdiction over the worker’s place of sojourn within ninety days from the date of the worker’s entry into the Republic of Korea (Article 31.(1) of the Immigration Control Act).
Commencement of work
- A foreign worker who concluded an employment agreement with an employer shall be assigned to a workplace and begin labor services.
Report of employment commencement (report of change in alien registration information)
- In case where a foreign worker who completed alien registration is employed for the first time and begins to provide labor services accordingly, he or she shall report such employment commencement (change in alien registration information) to the immigration office or its branch office having competent jurisdiction over his or her place of sojourn within fourteen days from commencement of labor services (Article 35 of the Immigration Control Act and Subparagraph 3, Article 49-2 of the Enforcement Rule of the Immigration Control Act).
Application for a permit to extend a period of sojourn
- In case where a foreign worker wishes to overstay the permitted period of sojourn for such reasons as renewal of an employment agreement, the foreign worker shall apply for a permit to extend the period of sojourn to the competent immigration office or its branch office prior to expiration of the original period (Article 25 of the Immigration Control Act).
Procedure for changing the workplace of a foreign worker employed in Korea with Working Visit (H-2) status
Application for change of business or workplace
- If a foreign worker falls under any of the following cases and accordingly finds it difficult to maintain normal employment relations at the corresponding business or workplace, the foreign worker shall apply for a change of business or workplace to a job center within one month from termination/expiration of the employment agreement (Articles 25.(1) and 25.(3) of the Act on Foreign Workers’ Employment, Etc. and Article 30.(1) of the Enforcement Decree of the Act on Foreign Workers’ Employment, Etc.):
1. The employer seeks to terminate the employment agreement during its term or refuse its renewal after its expiration for a justifiable reason;
2. It is acknowledged that the foreign worker cannot continue to provide labor services at the workplace due to temporary suspension or closure of business or for any other reason not attributable to the foreign worker;
3. A foreigner employment permit is revoked, or restrictions are imposed on employment of foreign workers;
4. The working conditions at the workplace are not consistent with the terms and conditions of the employment agreement or it is deemed difficult under social conventions to maintain the employment agreement for such reasons as a violation of the working conditions or unreasonable treatment by the employer; or
5. It is acknowledged that the foreign worker cannot continue to work for the business or workplace for such reasons as an injury, but can work for another business or workplace.
Report of workplace change (report of change in alien registration information)
- In case where a foreign worker who completed alien registration makes a change of business or workplace, he or she shall report such change of workplace (change in alien registration information) to the immigration office or its branch office having competent jurisdiction over his or her place of sojourn within fourteen days from the date of such change (Article 35 of the Immigration Control Act and Subparagraph 4, Article 49-2 of the Enforcement Rule of the Immigration Control Act).
Restrictions on business or workplace change
- During the three-year period from a foreign worker’s entry into the Republic of Korea (Article 18.(1) of the Act on Foreign Workers’ Employment, Etc.), the foreign worker shall not, in principle, make a change of business or workplace more than three times (Article 25.(4) of the Act on Foreign Workers’ Employment, Etc.).
- However, the head of an employment security center may exceptionally allow one more change of business or workplace if a foreign worker has changed his or her business or workplace once for a reason attributable to the employer before being assigned to the first business or workplace after concluding an employment agreement and entering the Republic of Korea and such change is included in the maximum three changes above (Article 30.(2) of the Enforcement Decree of the Act on Foreign Workers’ Employment, Etc.).
- In the case of a foreign worker whose employment period is extended according to the employer’s request for a reemployment permit before the foreign worker departs from the Republic of Korea due to expiration of the three-year employment period (Article 18-2.(1) of the Act on Foreign Workers’ Employment, Etc.), the foreign worker shall not make a change of business or workplace more than twice during such extended period (Article 25.(4) of the Act on Foreign Workers’ Employment, Etc.).
※If it is acknowledged that a foreign worker became unable to continue labor services at a workplace due to temporary suspension or closure of business or for any other reason not attributable to the foreign worker, the change of a business or workplace for such reason shall not be subject to said restrictions on the number of changes (Article 25.(4) of the Act on Foreign Workers’ Employment, Etc.).
Report of change in the place of sojourn
- If a foreign worker’s place of sojourn is also changed due to a change of workplace, the foreign worker shall make a relocation report to the head of a si (city)/ gun (county)/ gu (district) or the head of an immigration office or its branch office having competent jurisdiction over the new place of sojourn within fourteen days from the date of his or her relocation (Article 36.(1) of the Immigration Control Act).
Other procedures
- A foreign worker who applied for a change of business or workplace shall conclude an employment agreement with another employer and begin labor services.
.