How can I change the workplace as an E-9 visa holder in Korea?
Find out how to change workplaces in Korea, including eligibility criteria, application steps, and necessary documentation. Learn about the process, rights, and regulations that apply to foreign workers seeking to transfer employers. Get guidance on navigating the legal requirements for a smooth workplace transition.
E-9 visa holders have specific conditions under which they can change their place of work. This guide explains the process and requirements for changing your workplace as an E-9 visa holder.
Key Rules for Changing Workplace
- Number of Allowed Changes:
- During the initial 3-year period, you are allowed to change your workplace 2 times.
- After extending your visa for an additional 1 year and 10 months, you are permitted to change your workplace 1 more time.
- Valid Reasons for Changing Your Workplace: You must have a valid reason to request a change in your workplace. Below are the acceptable reasons:
- Contract-Related Changes:
- Termination of the contract by the employer: Your contract is canceled by the employer for legitimate reasons.
- End of contract period: You’ve completed your contract period and do not wish to renew it.
- Contract cancellation: The employment contract is canceled during the agreed period.
- Company Closure:
- The company is either permanently or temporarily closing, and this is not due to any fault of the worker.
- Work Permit Issues:
- The company no longer has a valid work permit or is restricted from hiring foreign workers.
- Violation of Labor Conditions:
- The company violates labor laws or the working conditions stated in your contract, including unfair treatment.
- Health Issues:
- You are unable to continue working at your current company due to an injury or health condition, but you can still work elsewhere.
How to Change Your Workplace
Follow the steps below to change your workplace:
- Application for Changing Workplace:
- Where to Apply: Employment Center of the Ministry of Labor.
- When to Apply: You must apply within 1 month after your previous employment has ended.
- Permission for Changing Workplace:
- Where to Apply: Immigration Office.
- When to Apply: After applying at the Employment Center, you must get permission from the Immigration Office within 3 months.
- Required Documents for Application:
- Passport
- Alien Registration Card
- Integrated Application Form (Form No. 34)
- Copy of Employment Permit and Standard Labor Contract
- Proof of residence
- How to Apply:
- In-person Application: Submit the required documents to the Immigration Office.
- It is mandatory to make an appointment for visiting the Immigration Office to apply for the workplace change. In cases where a visit cannot be made before the start date of the new employment contract, you can apply via the online electronic civil services system.
- Online Application (Electronic Civil Services): If you cannot visit in person, you can apply through the online system. For online submission, you need to upload scanned copies of the documents.
- For online applications, employment-related documents will be automatically retrieved from the Employment Center’s system. Residence proof must be uploaded as a scanned file.
- Applications can only be submitted after the Employment Center approves the change. However, if the information (Employment Permit and Standard Labor Contract) has not been sent by the Employment Center, the online application will not be possible. You also cannot apply after the starting date of the new contract; in this case, visit the Immigration Office to resolve any violations of the Immigration Control Act.
Important Notes:
- You cannot change your workplace without a valid reason. Ensure that one of the reasons listed above applies to your situation.
- The process must be completed within the specified timelines to avoid legal complications.
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