■ ACT ON THE EMPLOYMENT, ETC. OF FOREIGN WORKERS
Article 25 (Permission for Change of Business or Place of Business)(1) Where any of the following events occur, a foreign worker (excluding a foreign worker under Article 12 (1)) may file an application for change of business or place of business with the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor
2. Where the Minister of Employment and Labor gives public notice, as he/she deems, under a social norm, that the foreign worker is unable to continue to work in the business or place of business on a ground not attributable to him/her, such as temporary shutdown, closure of business, cancellation of the employment permit under Article 19 (1), limitation on the employment under Article 20 (1), provision of a dormitory in violation of Article 22-2, or his/her employer’s violation of terms and conditions of employment or unfair treatment;
(4) Foreign worker’s change of business or place of business under paragraph (1) shall not, in principle, exceed three times during the period under Article 18 or two times during the extended period under Article 18-2 (1): Provided, That the foregoing shall not include cases of change of business or place of business on any ground prescribed in paragraph (1) 2.
■ The reasons of workplace change on a ground not a attributable to foreign workers.
Foreign workers may file an application for workplace change without limitation of numbers with these reasons.
- Decrease of wage accompanied with temporary shutdown, closure of company
- In case of recommended resignation with business reasons such as transfer, merger, downsizing,etc.
- In case of no job arranged to the foreign workers without his/her fault.
- In case of recommended resignation with any other reasons that is not his/her fault.
- Overdue wage, wage under minimum wage regulated on MINIMUM WAGE ACT
- When injuries or disease occurs to employee, because the company violated OCCUPATIONAL SAFETY AND HEALTH ACT
- When the company deny the foreign workers working over 5 days without wage or shutdown allowances.
■ TIPs
- With overdue wage, wage under minimum wage, unpaid shutdown allowance, Visiting labor office first and then Job center is much more effective. The job center will judge your case based on the investigation and jugdement of the labor office.
- It is important that the employer reports employment change with the reasons such as recommended resignation due to management condition of the company.
