3 Years

Q&A with the

Labor Attache

Q. What is the period of sojourn

of an EPS worker? A. Three (3) years. If the worker is re-hired by his last employer, he is given another three (3) years. However, he must first leave Korea and stay in his home country for about one month before coming back. Q. What must the worker do if he is not re-hired

by his last employer? A. The worker must leave Korea. Otherwise, he will be considered an overstaying foreigner and could be arrested, deported and restricted from returning to Korea. Q. Can a worker who finished

his sojourn but was not re-hired by his employer still come back to Korea? A. Yes. But he has to take and pass the Korean Language Test (KL T) and the medical test

PGMA Exhorts

again. After that, his name will be included in the job roster and he has to wait for an employment offer. Q. Is it true that a worker's

sojourn will be increased from 3 to 5 years? A. This is a proposal still being discussed by the National Assembly of Korea. Under the proposal, the period of sojourn will be 5 years straight without need for the worker to exit Korea after 3 years. However, after the 5-year sojourn is finished, the worker cannot renew his sojourn. Q. Can a worker change workplace

for the fourth time? A. Yes, provided that the reason for change of workplace is valid* and the first three changes of workplace is due to any of the following reasons: 1. company shutdown or closure (bankruptcy); 2. The employment permit (of the employer) is

cancelled or restricted because he is found to have violated labor and/or immigrations laws; and 3. The worker is not fit to work in the business of the employer due to an accident, etc. but is fit to work in another business!* Q. Can a worker in the minor sector

(construction, agriculture and livestock) change workplace/transfer to the manufacturing sector? A. No. A worker can only change workplace within the same sector. If a worker is in the minor sector, he can transfer for example from construction to agriculture or to livestock and vice versa. If he is in the manufacturing sector, he can transfer from one factory to another. * Art. 25 of the Act on Foreign Workers Employment ** Article 30 of the Enforcement Decree of the Act on Foreign Workers Employment, etc.

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